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State labor laws

Nebraska labor laws for employers (2026)

Minimum wage, overtime, meal and rest breaks, final paycheck deadlines, paid leave, and hiring rules for Nebraska employers, in plain English and checked against official sources.

HRTally Research Team
Updated October 20, 2026 · Checked against DOL and state sources · Editorial standards

At a glance

  • Minimum wage: $15.00 an hour, rising to $15.26 on January 1, 2027.
  • Tipped cash wage: $2.13.
  • Overtime: after 40 hours in a workweek.
  • Final paycheck if fired: by the next regular payday or within 2 weeks, whichever comes first.
  • Paid sick leave: Yes. Paid family leave program: No.

What Nebraska employers need to know

Nebraska voters raised the minimum wage to $15.00 by 2026 and added inflation adjustments from 2027. In 2024 they also approved paid sick leave, which the legislature narrowed in 2025 to employers with 11 or more employees before it took effect. Nebraska still allows a large tip credit, with a $2.13 cash wage, and requires earned vacation to be paid out when employment ends.

Nebraska minimum wage

Minimum wage$15.00
Tipped cash wage$2.13
Next change$15.26 (inflation adjustment; confirm with the Nebraska Department of Labor) on January 1, 2027

Pay the highest rate that applies where the employee works: federal, state, or local. For comparison, neighboring states pay South Dakota ($11.85), Iowa ($7.25), Missouri ($15.00), Kansas ($7.25), Colorado ($15.16), Wyoming ($7.25). See every state side by side in our minimum wage by state table, and convert between hourly and annual pay with the salary to hourly calculator.

Nebraska overtime rules

The federal FLSA rule applies: overtime at 1.5 times the regular rate after 40 hours in a workweek. There is no daily overtime rule.

Exempt salary test: the federal minimum of $684 a week ($35,568 a year) applies. Duties tests apply too, so job titles alone don't make someone exempt.

Work out overtime owed with our overtime calculator, compare states in overtime laws by state, and check classification with our guide to exempt vs non-exempt employees.

Nebraska meal and rest break laws

Meal breaks: A 30-minute lunch period off the premises in each 8-hour shift, but only in assembly plants, workshops, and mechanical establishments.

Rest breaks: No state rest break law for adults. Under federal law, short breaks of 5 to 20 minutes that you choose to give must be paid.

Many states have stricter break rules for minors. Compare adult rules nationwide in break laws by state, and total up shifts with the time card calculator.

Nebraska final paycheck law

If you fire or lay off the employeeBy the next regular payday or within 2 weeks, whichever comes first.
If the employee quitsBy the next regular payday or within 2 weeks, whichever comes first.
Unused vacation or PTORequired. Earned, unused vacation must be paid at separation.

Build the deadline into your offboarding checklist. Our offboarding guide covers the full process, the PTO payout calculator works out the amount, and the final paycheck laws by state table compares every state.

Hiring, pay transparency, and payroll setup

Pay transparency: No statewide pay transparency law requiring pay ranges in job postings.

New hire reporting: Report each new hire within 20 days of the hire date, the federal deadline.

State income tax withholding: Yes. Register with the state tax agency before the first payroll.

Our pay transparency laws guide explains posting rules in more depth, and our job description templates include pay data for 50 common roles.

What trips up Nebraska employers

  • Paid sick leave covers employers with 11 or more employees, with a higher cap at 20 or more.
  • Earned vacation must be paid at separation.
  • The minimum wage begins annual inflation adjustments on January 1, 2027.

Sources and the agency to contact

General information for US employers, not legal advice. Laws change and have exceptions by industry, employer size, and city. Confirm current rules with the state agency or employment counsel before you rely on them.

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Frequently asked questions

What is the minimum wage in Nebraska in 2026?
The Nebraska minimum wage is $15.00 an hour. It is scheduled to change to $15.26 (inflation adjustment; confirm with the Nebraska Department of Labor) on January 1, 2027.
When is a final paycheck due in Nebraska?
If the employer ends the job: By the next regular payday or within 2 weeks, whichever comes first. If the employee quits: By the next regular payday or within 2 weeks, whichever comes first.
Are breaks required in Nebraska?
Yes. A 30-minute lunch period off the premises in each 8-hour shift, but only in assembly plants, workshops, and mechanical establishments.
Does Nebraska require paid sick leave?
Healthy Families and Workplaces Act, effective October 1, 2025, as amended: employers with 11 or more employees provide 1 hour for every 30 hours worked. Employers with 11 to 19 employees allow up to 40 hours a year; employers with 20 or more, up to 56 hours.
Do employers have to pay out unused PTO in Nebraska?
Required. Earned, unused vacation must be paid at separation.

Written by the HRTally Research Team

Our guides are written and reviewed by people with hands-on US HR, payroll, and HR technology experience. Legal and tax facts are checked against primary sources, such as the Department of Labor, IRS, EEOC, and USCIS, and linked at the end of each guide. Vendors never review or pay for our editorial content.

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