Nebraska Overtime Labor Law

August 11th, 2006 Posted by Mark

Nebraska has no overtime labor law of its own. So where does this leave us? What can we talk about if the state we want to discuss doesn’t have the law we need to talk about. Well, technically Nebraska does have overtime regulations—those passed down by the federal government. So we can talk about those.

The federal overtime laws can be found in the Fair Labor Standards Act, or FLSA for short. The Fair Labor Standards Act also covers minimum wage issues, as well as issues of child labor, but for the intent of this blog at the moment, we will only focus on the parts of the Fair Labor Standards Act that deal with overtime.

These overtime labor laws basically are only laws for certain businesses. For instance, your local, mom and pop type business in Nebraska—with only one store in one town, for example—is not held to the standards of the federal Fair Labor Standards Act.

Instead, the Fair Labor Standards Act only covers larger businesses. They must meet certain qualifications to be held to the Fair Labor Standards Act. First, the businesses must be interstate businesses, meaning they have offices in other states than Nebraska, or they conduct business by selling or offering services or goods to customers in other states than Nebraska. The businesses must also bring in a certain amount of revenue—in this case, it’s more than $500,000 per year.

Certain other types of businesses are included in the Fair Labor Standards Act, too, regardless of their size. Hospitals, schools of all types, and government organizations are all included in the Fair Labor Standards Act regulations for overtime.

And the basic tenant of the Fair Labor Standards Act? It is that employees of these companies who work more than 40 hours in a work week have to get paid time and a half their normal rate for every minute over those 40 hours.

Last 10 posts by Mark

« Montana Overtime Labor Law
Nevada Overtime Labor Law »
Posted in Employment Laws, Nebraska, Overtime, Wage and Hour

  1. Posted by: Greg

    I live in Nebraska, but work in Iowa. Recently, i recieved paperwork for a lawsuit against the company I work for about employees not recieving overtime pay. I was informed when hired, that we are considered contractors and because of this, we do not get overtime pay, is this correct?

  2. Posted by: Amelia

    Hi Greg! That depends. It is true that in any state, an independent contractor is not entitled to overtime pay. However, many companies try to avoid the overtime law by claiming that workers who are genuinely employees, are independent contractors.
    When the employer controls when, where or how work is performed, generally that makes the worker an employee — not an independent contractor. There are more complex regulations, but that is the gist of it.
    It sounds like, in this case, at least one state or federal agency has decided that the “independent contractors” were actually employees, and are entitled to overtime for the past 3 years. HTH, and thanks for reading the blogs!~ Amelia

  3. Posted by: GAIL

    iI have a daughter working in Nebraska. Her employer is working them 7 day s a week going on for the 4th week. Is there any law regarding how many days they are able to work her in a row? Her boss is telling her they can work her 365 days per year. Thanks!

  4. Posted by: Amelia

    Hi Gail! Unfortunately, there is no law against this in Nebraska. The employer is correct — he can require employees to work 365 days per year. As long as the employer pays time-and-a-half for any overtime, he has not broken any Nebraska or federal law.
    Several states, including Illinois, have laws requiring that employees be given one day off per week. Nebraska has no such law. The only thing that we can sugget is that your daughter begin looking for a better job. HTH, and thanks for reading the blog!~ Amelia

  5. Posted by: gregg

    I work in nebraska.
    we punch in our social security numbers on a digital timeclock.
    We always end up punching out late.lets say your shift is 3 till 11 pm
    they wont pay us anything past 11 pm until the clock says 11;13pm
    anything 11pm till 11:12 we dont get paid.Is the legal?

RELATED LINKS

Subscribe to RSS

Subscribe to this blog via email
Delivered by FeedBurner
add