Nebraska Overtime Laws
By FindLaw Staff | Legally reviewed by Chris Meyers, Esq. | Last reviewed November 29, 2022
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Whether you're pulling an all-nighter for the Union Pacific Railroad or working extra hours at the Omaha Apple store, it's important to understand your rights to overtime pay. Nebraska does not have its own state overtime law provisions. Therefore, the state follows the federal overtime law provisions of the Fair Labor Standards Act (FLSA). The FLSA requires employees to be paid at 1.5 times their regular hourly rate for all time worked more than 40 hours in a single week.
Nebraska Overtime Law Overview
Key aspects of Nebraska overtime law are listed in the following table.
State and Federal Statutes |
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Overtime Calculation Methods: |
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Exempt from FLSA |
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Holiday and Weekend Pay in Nebraska
In Nebraska, an employer is not required to pay an employee extra overtime wages for working during the holiday or the weekend. Nebraska overtime law also allows employers and employees to enter bargaining agreements, but employers do not necessarily need to pay extra overtime wages in those agreements.
Nebraska Overtime Exemptions
Nebraska overtime laws exempt certain classes of employees, including:
- Executive employees
- Professional employees
- Administrative employees
- Domestic employees in a private home
- Voluntary employees who work for educational, charitable, religious or nonprofit services
- Salespersons or similar employees that receive mainly commission
- Students working after school hours or on vacation
- Registered apprentices and learners
- Persons 18 or under that are not registered in some type of schooling
- Persons 18 or under that have not graduated from secondary school
- G.I. bill trainees while under training
- Certain seasonal employees
- Certain employees employed in agriculture in Nebraska
- An employee in handling, drying, packing, packaging, processing, freezing or canning of any type of agriculture or horticultural commodity
- Employees of charitable, religious or nonprofit organizations who reside on the premises of the organizations
- Employees that make less than $23,600 a year.
Research the Law
- Official State Codes
- Nebraska State Laws
- Nebraska Employment Laws
- State Minimum Wage and Overtime Laws
Denied Overtime Pay in Nebraska? An Attorney Can Help
Although Nebraska primarily applies the FLSA, there may be state law provisions that can effect whether you are entitled to overtime pay. If you have additional questions about Nebraska overtime law, or want to file a claim for overtime wages against your employer, you may want to speak with a Nebraska employment law attorney at your earliest convenience.
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