Nebraska Employment Law: Wages, Final Pay, Breaks and Your Rights at Work
Nebraska employment law: minimum wage, overtime, breaks, final paycheck deadlines, PTO payout, sick leave, at-will exceptions and where to file a wage claim.
Quick answers for Nebraska
- Minimum wage
- $15.00 per hour from January 1 through December 31, 2026 (applies to employers with 4 or more employees). Neb. Rev. Stat. 48-1203
- Final paycheck if fired or laid off
- Unpaid wages are due on the next regular payday or within two weeks of the termination, whichever is sooner. Neb. Rev. Stat. 48-1230(4)(a)
- Meal and rest breaks
- No general break requirement for adults. Assembly plants, workshops and mechanical establishments must give at least 30 consecutive minutes for lunch in each 8-hour shift, off the premises, unless a union contract or other written agreement provides otherwise. Neb. Rev. Stat. 48-212
- Unused vacation / PTO payout
- Yes. Earned but unused vacation leave counts as wages due at separation. Other paid leave (such as sick leave) does not have to be paid out unless the employer agreed to do so. Neb. Rev. Stat. 48-1229
Last verified: 2026-10-26
Pay
| Minimum wage | $15.00 per hour from January 1 through December 31, 2026 (applies to employers with 4 or more employees). Employers may pay a youth minimum wage of $13.50 to non-emancipated workers aged 14 and 15, and student-learners at least 75% of the minimum. Scheduled increase: the rate rises by 1.75% on January 1, 2027, and by 1.75% each January 1 after that; the Nebraska Department of Labor publishes the new rate by October 15. The 4-employee coverage threshold is from the U.S. Department of Labor state table. Source: Neb. Rev. Stat. 48-1203 |
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| Tipped minimum wage | Employers must pay tipped employees at least $2.13 per hour plus all tips, and wages plus tips must reach at least the full minimum wage. The employer bears the burden of proving the employee is paid by way of tips. Source: Neb. Rev. Stat. 48-1203(3) |
| How often you must be paid | Wages must be paid on regular paydays set by the employer or agreed with the employee. Employees must get 30 days' written notice before paydays are changed. Source: Neb. Rev. Stat. 48-1230(1) |
| Pay stubs | On each payday, a wage statement (by mail, electronically, or at the workplace) showing the employer, hours paid, wages earned and deductions. Hours need not be shown for overtime-exempt employees unless the employer pays them based on hours. Source: Neb. Rev. Stat. 48-1230(2) |
Breaks and leave
| Meal and rest breaks | No general break requirement for adults. Assembly plants, workshops and mechanical establishments must give at least 30 consecutive minutes for lunch in each 8-hour shift, off the premises, unless a union contract or other written agreement provides otherwise. Source: Neb. Rev. Stat. 48-212 |
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| Paid sick leave | Employers with 11 or more employees must provide paid sick time under the Healthy Families and Workplaces Act (in effect October 1, 2025). Employees earn 1 hour for every 30 hours worked, starting after 80 hours of consecutive employment. Employers with 11 to 19 employees must allow up to 40 hours a year; employers with 20 or more, up to 56 hours a year. |
Leaving a job
| Final paycheck if fired or laid off | Unpaid wages are due on the next regular payday or within two weeks of the termination, whichever is sooner. Source: Neb. Rev. Stat. 48-1230(4)(a) |
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| Final paycheck if you quit | Same rule for any separation: the next regular payday or within two weeks of the termination, whichever is sooner. Source: Neb. Rev. Stat. 48-1230(4)(a) |
| Unused vacation / PTO payout | Yes. Earned but unused vacation leave counts as wages due at separation. Other paid leave (such as sick leave) does not have to be paid out unless the employer agreed to do so. Source: Neb. Rev. Stat. 48-1229 |
| Unemployment benefits | Nebraska Department of Labor. File a claim for unemployment benefits online at NEworks.nebraska.gov. |
Firing, retaliation and discrimination
| Whistleblower and retaliation protection | Employers covered by the Nebraska Fair Employment Practice Act may not retaliate against an employee who opposes a practice that is unlawful under that Act, takes part in an investigation, opposes or refuses to carry out an action that is unlawful under federal or state law, or discusses wages. Source: Neb. Rev. Stat. 48-1114 |
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| Job discrimination complaints | Nebraska Equal Opportunity Commission. Covers employers with 15 or more employees. A written charge must be filed within 300 days of the discriminatory act. Employer definition: https://nebraskalegislature.gov/laws/statutes.php?statute=48-1102. Commission: https://neoc.nebraska.gov/ |
Where to get help in Nebraska
Employment Law FAQ
What is the minimum wage in Nebraska?
$15.00 per hour from January 1 through December 31, 2026 (applies to employers with 4 or more employees). Employers may pay a youth minimum wage of $13.50 to non-emancipated workers aged 14 and 15, and student-learners at least 75% of the minimum.
What is the tipped minimum wage in Nebraska?
Employers must pay tipped employees at least $2.13 per hour plus all tips, and wages plus tips must reach at least the full minimum wage. The employer bears the burden of proving the employee is paid by way of tips.
Are breaks required by law in Nebraska?
No general break requirement for adults. Assembly plants, workshops and mechanical establishments must give at least 30 consecutive minutes for lunch in each 8-hour shift, off the premises, unless a union contract or other written agreement provides otherwise.
When do I get my final paycheck if I'm fired in Nebraska?
Unpaid wages are due on the next regular payday or within two weeks of the termination, whichever is sooner.
When do I get my final paycheck if I quit in Nebraska?
Same rule for any separation: the next regular payday or within two weeks of the termination, whichever is sooner.
Does an employer have to pay out unused PTO in Nebraska?
Yes. Earned but unused vacation leave counts as wages due at separation. Other paid leave (such as sick leave) does not have to be paid out unless the employer agreed to do so.
How often must employees be paid in Nebraska?
Wages must be paid on regular paydays set by the employer or agreed with the employee. Employees must get 30 days' written notice before paydays are changed.
Do employers have to give pay stubs in Nebraska?
On each payday, a wage statement (by mail, electronically, or at the workplace) showing the employer, hours paid, wages earned and deductions. Hours need not be shown for overtime-exempt employees unless the employer pays them based on hours.
Is paid sick leave required in Nebraska?
Employers with 11 or more employees must provide paid sick time under the Healthy Families and Workplaces Act (in effect October 1, 2025). Employees earn 1 hour for every 30 hours worked, starting after 80 hours of consecutive employment. Employers with 11 to 19 employees must allow up to 40 hours a year; employers with 20 or more, up to 56 hours a year.
Is it illegal to fire someone for reporting a violation in Nebraska?
Employers covered by the Nebraska Fair Employment Practice Act may not retaliate against an employee who opposes a practice that is unlawful under that Act, takes part in an investigation, opposes or refuses to carry out an action that is unlawful under federal or state law, or discusses wages.
Where do I file a job discrimination complaint in Nebraska?
Nebraska Equal Opportunity Commission. Covers employers with 15 or more employees. A written charge must be filed within 300 days of the discriminatory act.
How do I apply for unemployment in Nebraska?
Nebraska Department of Labor. File a claim for unemployment benefits online at NEworks.nebraska.gov.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.