Nebraska Break Laws

April 7th 2024

Although Nebraska does not have specific state laws that address mandatory breaks and rest periods for adult employees, specific provisions under federal law apply to certain industries and situations.

Hence, both employers and employees need to have a clear understanding of their rights and obligations regarding breaks and rest periods to ensure compliance with applicable laws and regulations.

This article aims to guide you through the break laws in Nebraska.

This article covers:

Rest Breaks in Nebraska

In Nebraska, employers are not required to provide paid or unpaid rest breaks to employees. However, if an employer chooses to provide rest breaks, they should be compensated for, provided that they are of a duration of 20 minutes or less. This is according to federal law.

Meal Breaks in Nebraska

Employers in Nebraska are not required by law to provide meal breaks to their employees. Nevertheless, if employers choose to offer meal periods, they must be unpaid and of a duration of at least 30 minutes. During the meal break, the employee should be relieved of all work-related duties. 

Mandatory Breaks in Nebraska

While federal law is followed in most instances in Nebraska in the absence of state laws, according to Nebraska Revised Statutes 48-212, employees in the following establishments should receive at least 30 minutes for lunch during each 8-hour shift:

  • Workshop
  • Assembling Plant
  • Mechanical Establishment

During the provided lunch break, employees should be relieved of their duties and must be allowed to leave the work premises. This provision does not apply to employees who are covered by a collective bargaining agreement or any other written agreement that exists between an employer and employee.

Breastfeeding Breaks in Nebraska

According to the PUMP Act, employers in Nebraska with 15 or more employees are required to provide nursing mothers with reasonable break time and a private space to express their breast milk. This break is available to breastfeeding employees for up to one year after giving birth.

Penalties for Employers in Nebraska Denying Breaks

In Nebraska, there are no specific penalties outlined in state law for employers who deny breaks to adult employees. However, employers in Nebraska must comply with federal labor laws, including the Fair Labor Standards Act (FLSA), which establishes regulations regarding minimum wage, overtime pay, and other employment standards.

Violations of federal labor laws can result in penalties, fines, and potential legal action by employees. Employees who believe their rights under the FLSA have been violated can file a complaint with the Wage and Hour Division of the U.S. Department of Labor. The Division may investigate and take enforcement action against non-compliant employers.

Break Obligations for Minor Employees in Nebraska

Nebraska has a special regulation for minor employees, requiring employers to provide more frequent rest breaks or longer meal breaks to minor employees under the age of 18. A 30-minute meal break is required after every 5 hours of continuous work.

 Learn more about Nebraska Labor Laws through our detailed guide.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.