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Nebraska Employment Laws

Nebraska's minimum wage is $13.50/hr (2025), increasing to $15.00/hr on January 1, 2026 under Initiative 433, with annual COLA adjustments thereafter. The Nebraska Fair Employment Practice Act (NFEPA) prohibits discrimination based on race, color, religion, sex, disability, marital status, and national origin. Nebraska is a right-to-work state under its Constitution (Article XV, Sections 13-15). Paid sick leave becomes mandatory for employers with 11+ employees effective October 1, 2025 (Initiative 436). Non-compete agreements are enforceable if reasonable.

Last verified: 2026-02-25

Statute of Limitations

300 days (discrimination — NEOC); 2 years (wage claims)Neb. Rev. Stat. §§ 48-1118, 48-1231

Discrimination complaints under the Nebraska Fair Employment Practice Act must be filed with the Nebraska Equal Opportunity Commission (NEOC) within 300 days of the discriminatory act. Wage payment claims have their own filing periods under the Wage Payment and Collection Act.

Key Nebraska Statutes

Nebraska Fair Employment Practice Act (Anti-Discrimination)Neb. Rev. Stat. §§ 48-1101 to 48-1127

Prohibits employment discrimination based on race, color, religion, sex (including pregnancy), national origin, disability, marital status, and retaliation. Applies to employers with 15 or more employees. Administered by the Nebraska Equal Opportunity Commission (NEOC). Employees may also file with the federal EEOC under Title VII.

Minimum Wage (Initiative 433)Neb. Rev. Stat. § 48-1203

Minimum wage: $13.50/hr (Jan 1, 2025), increasing to $15.00/hr (Jan 1, 2026). After 2026, annual cost-of-living adjustments based on CPI. Tipped employees: employers may pay a lower cash wage if tips bring total compensation to at least the minimum wage. Passed by voters in 2022 (Initiative 433) with scheduled annual increases.

Paid Sick Leave (Initiative 436 — Effective Oct 1, 2025)Neb. Rev. Stat. §§ 48-3801 to 48-3816

Effective October 1, 2025: employees accrue 1 hour of paid sick time per 30 hours worked (after 80 hours of employment). Employers with 20+ employees: up to 56 hours/year. Employers with 11-19 employees: up to 40 hours/year. Employers with fewer than 11 employees: exempt. Anti-retaliation protections included. Approved by nearly 75% of voters in November 2024.

Nebraska is a right-to-work state by constitutional amendment (adopted 1946). No person may be denied employment because of membership or non-membership in a labor union. Any agreement requiring union membership or dues payment as a condition of employment is void.

Non-Compete Agreements (Judicially Governed)Common law; no specific statute

Nebraska courts enforce non-compete agreements if they meet a 3-factor test: (1) the restriction is necessary to protect the employer's legitimate business interests, (2) the limitation is not unreasonably restrictive of the employee's rights, and (3) the terms are not unduly harsh or oppressive. Courts generally will not blue-pencil (modify) overly broad covenants — they must be reasonable as written.

Whistleblower ProtectionNeb. Rev. Stat. § 48-1114

The NFEPA prohibits retaliation against employees who oppose unlawful practices, participate in investigations, or discuss wages/benefits/compensation. Employees may file complaints with the NEOC or pursue private lawsuits. Wage discussion protections explicitly included.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Nebraska Fair Employment Practice Act. For advice about your specific situation, consult a licensed attorney.

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