NEBRASKA EMPLOYMENT LAW
Employment Law (also referred to as Labor Law) in Nebraska encompasses numerous matters in the employment context such as sexual harassment, wages and hours, discrimination at the workplace, wrongful termination, disability law, and hiring and termination practices. It is recommended that you get assistance from a Nebraska employment lawyer, especially if your case is one involving discrimination, sexual harassment, and/or wrongful termination, as these cases tend to be complicated and require evidence collection. Having a Nebraska employment attorney at your side provides you with the assistance comfort that your Nebraska employment law claim will be handled.
Why Hire A Nebraska Employment Attorney?
Wrongful termination and employment law cases in Nebraska are based on both federal and state law. The connection between federal and state law must be carefully explored and persuasively asserted to ensure a positive result in your employment law case. A Nebraska employment lawyer can explain this connection to you, can help you file a claim for wages, assist you in determining if you have a legitimate claim that will be worth spending the time and money, and file a discrimination or wrongful termination claim against your employer.
An employment attorney can be of particular use in a wrongful termination case, where he can communicate and deal with your former employer and save you the stress and trouble of doing so yourself. Additionally, a Nebraska employment lawyer can assist you in filing your complaint with the Nebraska Department of Labor and can advise you of your benefits and rights under Nebraska employment law.
Wrongful Termination in Nebraska
Wrongful termination in Nebraska occurs when an employer fires one of his workers for a discriminatory reason. Both Nebraska and federal law forbid termination based on discriminatory reasons. For instance, if someone is qualified for a position, but is either not hired or is fired because of his age (over 40), or because of a disability, he may have a case for wrongful termination. Pregnancy cannot be the reason for termination if it is viewed as a disability. Similarly, race, sex, national origin, and/or religion cannot be reasons for termination of an employee. If you think you have been fired for a discriminatory reason, be sure to get advice from a Nebraska wrongful termination attorney.
In Nebraska, employment is "at-will," meaning that an employer can fire a worker at any time, and for any legal reason, and an employee can quit his job whenever he pleases. Please note, however, that if a worker has an employment contract he can only be fired for reasons specified in his contract. If you believe you may have been fired for illegal reasons, you should contact a Nebraska wrongful termination attorney.
It is illegal for a worker to be terminated under employment law in Nebraska because:
If a worker is fired for any of the above mentioned reasons, he may file a claim for wrongful termination. Make sure to discuss filing a claim or any other wrongful termination questions with a Nebraska wrongful termination lawyer.
Employee Wage/Hour Concerns in Nebraska
The minimum wage in Nebraska is $7.25 an hour. All Nebraska employees must be paid at least the minimum wage. Payment must be made on regularly scheduled pay days. Talk to a Nebraska employment attorney if your employer has not paid your wages. Such a lawyer can help you complete and submit your "Wage Complaint Form" with the Nebraska Department of Labor.
According to the federal Fair Labor Standards Act, workers who work over 40 hours each week are entitled to overtime pay at a time-and-a-half rate. Time-and-a-half pay is enforced by the United States Department of Labor, Wage and Hour Division. Claims for overtime pay should be filed with the Nebraska Department of Labor.
Discuss your claim for unpaid overtime or unpaid wages with a Nebraska employment attorney if you have questions or concerns about how to file such a claim.
Nebraska Employment Benefits
Vacation days, healthcare insurance, sick leave and life insurance may be provided to employees, but it is not mandated by state law that employers provide these benefits. Meal breaks in Nebraska are only required in assembling plants, mechanical establishments, or workshops. Workers in these fields must be provided with a 30 minute lunch break for every 8 hours worked.
Nebraska employees are also not entitled to short term disability benefits for injuries or illnesses that occur outside of employment, and that are not related to employment. Paid maternity leave is also not mandated by Nebraska state law. However, under the federal Family and Medical Leave Act (FMLA), pregnant workers are entitled to 12 weeks of unpaid maternity leave.
Nebraska disability law provides compensation for workers who are injured or become sick because of their occupations. The amount of compensation under Nebraska disability law depends on the categorization of the employee's injury or illness. Please note, however, that injuries that do not occur on-the-job, or that are not connected to your occupation in some way, are not compensable under Nebraska disability law.
If you have an occupational disease or injury, you should speak to a Nebraska workers' compensation attorney about your options for recovery.
Nebraska Employment and Labor Law Statutes