Nebraska Salaried Employees Laws

April 9th 2024

Salaried employees are defined as individuals who receive a predetermined fixed compensation on a regular basis, such as weekly or less frequently.

Nebraska has specific laws and regulations that govern the rights and duties of both salaried employees and employers.

This article offers an outline of these laws, covering subjects like payment procedures, break and leave entitlements, and the classification of employees as exempt or non-exempt.

This article covers:

Payment of Wages for Salaried Employees in Nebraska

Nebraska employers are required to compensate their employees on their regular payday. Additionally, if any changes to the payment schedule are made, the employer must inform the employee at least 30 days before the modification takes effect.

Keeping track of payroll cycles and authorized overtime hours (if relevant based on company rules) can hold significance. Although not obligatory, these records offer valuable data for salaried employees concerning time off and remuneration.

Salaried Employees Eligibility for Overtime for Nebraska

Although a salaried employee is someone who receives a predetermined salary, regardless of the actual hours worked, if their work hours exceed the compensated hours, they still have the right to additional payment for the extra time worked.

In Nebraska, specific salaried workers can be eligible to receive overtime pay.

Overtime Pay for Nebraska Salaried Employees

To establish the overtime rate for a salaried worker, an employer must first calculate the hourly rate by dividing the salary by the number of hours the salary covers.

Subsequently, the hourly pay rate is utilized to compute the overtime rate for salaried employees using this formula:

Hourly pay rate x Overtime Hours x Overtime Rate (1.5)

It’s important to underline that if a salary covers less than 40 hours in a workweek, the regular rate is applied for each additional hour up to 40. Only after 40 hours will time-and-a-half be applicable.

However, if the salary covers 40 hours in a workweek, any hours beyond 40 will be compensated at a time-and-a-half rate.

Exceptions to Overtime Exemptions for Nebraska Salaried Employees

Certain job roles are exempt from overtime regulations, provided they receive a salary of at least $684 per week, they include:

  • Administrative
  • Professional
  • Executive positions

Nebraska aligns with federal standards in this regard, with exceptions for computer employees and outside salespersons.

Learn more in detail about Nebraska Overtime Laws.

Violation of Salaried Employees Wages Payment in Nebraska

The Nebraska Wage Payment and Collection Act (Neb. Rev. Stat. §§ 48-1228 to 48-1234) applies to a wide range of employers and employees, including the state and individuals/entities employing workers in Nebraska. It defines wages as agreed-upon compensation for labor or services, encompassing fringe benefits. The core requirement of the Act is that employers must designate regular paydays and ensure timely payment of wages. Further, terminated employees must receive all unpaid wages on the next regular payday or within two weeks of termination.

The Act allows employees to sue for unpaid wages, with prevailing employees eligible for attorney’s fees, which can be a minimum of 25% of unpaid wages. Damages equal to owed wages are awarded if the employee succeeds in the lawsuit, with the possibility of doubled damages if nonpayment is deemed willful, though this “doubled” amount is punitive and not retained by the employee under Nebraska law.

Keeping accurate timesheet templates or tracking payroll hours can prove helpful in cases of law violation as accurate data. Alternatively, timesheet software can also be useful.

Male and Female Salaried Employees in Nebraska

The Nebraska Equal Pay Act prevents paying different wages based on gender for the same job. Additionally, Nebraska enforces specific laws that prohibit workplace discrimination. The Nebraska Fair Employment Practice Act, known as FEPA, forbids discrimination based on sex (including pregnancy), race, color, national origin, religion, disability, and marital status.

These laws also prohibit retaliation against employees who report workplace discrimination/harassment, partake in related investigations, or refuse employer-requested illegal activities.

Leave Entitlements for Salaried Employees in Nebraska

In Nebraska, salaried employees have access to various forms of leave. The federal Family and Medical Leave Act (FMLA) offers up to 12 weeks of unpaid leave for life events such as childbirth, adoption, serious health conditions, or caring for family members. State employees enjoy 8 hours of paid sick leave per calendar month. Bereavement leave is also provided, with 5 days off for immediate family member losses, and up to 1 day for others, as permitted by the supervisor.

Nebraska law also safeguards jury duty rights, prohibits disruption for voting, and grants holiday leave. Military leave, both paid and unpaid, is available for state employees who serve, while military family leave provides up to 30 paid days for those with larger employers or 15 days for those with 15-49 employees.

It’s worth noting that salaried workers are paid a fixed salary regardless of their work hours, relieving them from tracking hours and allowing them to focus on tasks within reasonable timeframes. However, maintaining records, timesheets and reports of hours can be advantageous in cases like unplanned leaves, vacations, holidays, and sick days.

Break Entitlements for Salaried Employees in Nebraska

In Nebraska, employers aren’t legally required by either federal or state mandates to offer breaks to their employees. However, if an employer has established break policies, federal regulations come into play. Rest breaks of up to 20 minutes are considered as working hours and should be compensated at regular rates. On the contrary, meal periods should be at least 30 minutes long, unpaid, and should allow employees to be free from any work-related responsibilities.

Certain employers in Nebraska who manage assembling plants, workshops, or mechanical establishments with one or more employees are exempt from the state’s break regulations. Nevertheless, they must provide their employees with a minimum 30-minute meal break. Interestingly, during this designated break, employees are not obliged to remain within their employer’s premises.

Deductions from Exempt Employees’ Salary in Nebraska

An employer is allowed to make deductions from an employee’s paycheck in Nebraska, but only if the employee has provided written consent. Deductions can include cash shortages, damage to employer property, required uniforms, necessary tools, and other work-related items.

However, an employer cannot withhold or deduct wages from an employee’s paycheck without written consent, except when authorized by state or federal law, when required, or when the employee has given explicit permission.

Termination of Employment for Salaried Employees in Nebraska

Nebraska, like several other states, practices the “at-will” employment principle, allowing either party to end employment without cause. Yet, discriminatory termination based on factors covered by the Fair Employment Practice Act (FEPA) is prohibited. Wrongful termination due to race, color, religion, sex, national origin, ancestry, disability, or marital status is unlawful.

For employees departing or being terminated, all earned wages must be provided on the next scheduled payday or within two weeks of termination, as stipulated by Nebraska law.

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.