Practice Areas / Labor & Employment Law

The establishment of employment laws was done to regulate the relationship between employers and employees. These laws protect employees from the wrongdoings such as discrimination and harassment by employers. They also ensure that employees receive good working conditions.

Different states have different employment laws. Understanding the employment laws applicable in Omaha, NE is important to ensure protection of your rights as an employee. Employers need to understand these laws in order to ensure that they comply with the laws. This protects their business from potential liabilities.
Major labor and employment laws in Nebraska

Wage and hour laws

Outlining of the federal requirements for minimum wages and maximum work hours is in the Fair Labor Standards Act. Nebraska also has labor laws that protect workers from being overworked or underpaid by their employers. These laws outline the minimum wage that workers should get per hour.

The state has no overtime law. Therefore, employers follow requirements for overtime wages from federal law provisions under the Fair Labor Standards Act (FLSA). This requires employers to pay workers 1.5 times their regular hourly rate for work done over the regular 40 hours in a single week.

Right to work laws

Nebraska is amongst many states that have enacted ‘right to work laws.’ These laws prohibit the enforcement of agreements that require workers to join or pay a monthly fee to a workers’ union. These laws ensure that workers can work in unionized work-sites even if they are not members of the workers’ union or paying for the services it offers.

Child Labor laws

Federal child labor laws apply in Omaha, NE to protect minors in addition to state laws. Under these state laws youth aged between 14 and 15 should not work more than 8 hours in a day or 48 hours in a week. They should also not work before 6 am or after 10 pm. The law also limits the type of work that minors under the age of 16 can engage in.

Laws that prohibit discrimination and harassment in the work place

Nebraska applies federal laws to protect workers from discrimination in the workplace. Under Federal law, it is illegal for employers to base their employment decisions on factors such as race, color, gender, religious orientation or national origin. The law provides for protection against age discrimination for workers aged 40 and over.

Nebraska State Labor Laws make it illegal for employers to discriminate workers in any aspect of employment including discipline, firing, layoffs and leave. The law also protects employees against harassment. If a worker complains of harassment in the workplace, the law provides protection for the employee from retaliation. Employers cannot discipline, fire or engage in other negative actions against the worker in retaliation for the complaint.

Whistleblower laws

Whistleblower laws protect workers from retaliation by employers when they report legal or safety violations to the authorities. While majority of Nebraska’s whistleblower laws are limited to employees in the public sector, some extend to employees in the private sector.

Under the State Government Effectiveness Act, public sector employees get protection from retaliation when they report any legal violation including gross mismanagement of public funds. They can make these complaints to the State’s Ombudsman office. This office provides the employee with a written finding, which they can use in a private lawsuit.

Other state laws protect employees from retaliation even if the authorities have not confirmed the alleged violations. Employees enjoy this protection as long as all indications show they acted in good faith. Hiring an employment attorney may be necessary to ensure your protection as an employee.

Legal holiday laws

The State observes the same holidays recognized by the federal government such as Thanksgiving and Labor Day. However, Nebraska also observes holidays only recognized within the state such as Arbor Day. Public sector employees are entitled to paid off days on legal holidays. They may also get premium holiday pay if they are required to work on legal holidays. Private employers may choose to close shop or pay a premium pay on legal holidays to employees required to work. However, the law does not require them to do so.

Workplace safety and worker’s compensation laws

State and federal laws require employers to provide employees with a safe work environment. It is the employer’s responsibility to provide safety equipment, safety training and healthy working conditions. Employees can make a request for an inspection under the Occupational Safety and Health Act if they think their employer is in violation of these requirements. Employers may not retaliate against employees that complain about unhealthy or unsafe working conditions.
Understanding State and Federal labor and employment laws will ensure that you can protect yourself. It also ensures that employers can avoid liabilities. If you have an employment problem, contact us to speak to an experienced employment attorney.