What are the Nebraska Labor Laws?
Labor laws refer to the body of ruling about employees and their organization. It includes trade unions and employee or labor unions which are enforced by the government. Labor laws are of two types, collective or individual. Collective labor law is the relationship between the employee, employer and the union. Individual labor laws show concern towards employee rights in the workplace.
Nebraska labor laws
Labor law refers to the set of standards for working conditions and compensatory benefits. Employers must follow specific standards while dealing with the employees and labor unions. In Nebraska, the labor laws are administered by the Department of Labor.
Child labor and teenage workers
In Nebraska, Child Labor Laws are designed to protect the minor from being employed in jobs that are detrimental to their health and educational opportunities. Minors looking to work have to obtain an employment certificate. The school officials validate the certificate. The child's proof of age has to be submitted to receive the certificate.
Nebraska child labor is similar to the federal law which restricts teenagers under the age of 16 to be employed under certain occupations. They are considered minors. Nebraska follows both federal and state laws. The more restrictive law applies in case of conflict.
Wage and hour law in Nebraska
In Nebraska, the minimum wage law is subject to state and federal laws. Minimum wage does not apply to employers with less than four employees. An employer who chooses to pay the minimum wage must pay following the minimum wage act. When both state and federal laws cover employers, the law that is more beneficial to the worker applies. Exemptions to the minimum wage law are learners, apprentice, student learners, and student workers.
Employees with physical or mental disabilities, who receive any form of federal, state, county, or local aid or welfare, must be paid a subminimum wage.
In Nebraska, there is no law governing overtime pay. Federal laws apply. The employees are classified into two for minimum wage and overtime pay, exempt and non-exempt employees. Minimum wage rates and overtime requirements are set for non-exempt employees only.
Leave laws in Nebraska
Employees in Nebraska are not required to provide paid or unpaid vacation benefits to employees. Employees have to meet specific requirements to earn vacation leave. Upon separation, the employer cannot deny payment for such vacation leave once employees earn vacation leave according to an employer's policy or contract.
‘Use it or lose it' vacation policy cannot be implemented by the employer who requires employees to use their earned vacation leave by a set date or lose it.
Nebraska State law does not require the employers to provide paid or unpaid sick leave benefits, holiday leave, or bereavement leave. Employees are granted voting hour leave, and jury duty leave.
Layoffs or termination in Nebraska
Unlike most states, Nebraska does not follow the ‘work at will' policy. Most states that do not have their layoff policy follow the Federal WARN act. Under the federal WARN Act, an employer has to provide adequate notice to the employees when it plans layoff a large number of workers or decide to go out of business. The law is called the Worker Adjustment and Retraining Notification Act.
Discrimination law in Nebraska
It is illegal and unethical for an employer to discriminate an individual based on religion, race, color, sex, or nationality. It is also illicit to discriminate based on the disability of an individual. Disability is a physical or mental impairment of an individual which limits one or more major life activities. It is even illegal for an employer to discriminate based on the individual's age or marital status. Unlike many other states, marital status is a protected class in Nebraska.
In the U.S., labor law covers all facets of the legal relationship between an employer, employee and the labor union. While some states follow the state laws, others adopt federal laws or both. Law that is more beneficial to the worker is the most appealing.