The terms employee and worker are used interchangeably and have the same meaning throughout the Nebraska Workers' Compensation Act. Nebraska statutes do not otherwise reference different categories of employment status. Independent contractor status varies by statute and area of contractor determination.

Nebraska is an employment-at-will state. Parties are able to enter into employment contracts of fixed terms (e.g., yearly, monthly, etc.). Unless the parties contract otherwise, employment is presumed to be at will, but generally employers will want clear understanding of the at-will status to avoid disputes. Setting aside the potential applicability of a number of state and federal laws (e.g., anti-discrimination laws), either the employer or the employee may terminate the employment relationship at any time, with or without cause.

"The language which forms the basis of an alleged employment contract, whether oral or written, must constitute an offer definite in form which is communicated to the employee, and the offer must be accepted and consideration furnished for its enforceability." Blinn v. Beatrice Cmty. Hosp. & Health Ctr., Inc., 270 Neb. 809 (2006).

Part-time employees are generally afforded the same rights as full-time employees under state law. With respect to wage and hour laws, Nebraska law does not reference the payment of overtime. Overtime wages can be claimed under the Nebraska Wage Payment and Collection Act only if those overtime wages were previously agreed to by the employer and the employee. However, even in the absence of a prior agreement concerning overtime compensation, an employee can claim compensation for overtime under the federal Fair Labor Standards Act for hours worked in excess of 40 during a given week.

The obligation to perform a service cannot be assigned; however, the proceeds under an employment contract can be assigned. Peterson v. Hynes, 220 Neb. 573 (1985).

There are no specific statutory rights. Also, note that Nebraska has no mini-Worker Adjustment and Retraining Notification Act ("WARN").

There are no specific statutory rights. Also, note that Nebraska has no mini-Worker Adjustment and Retraining Notification Act ("WARN").

Nebraska does not have any unique requirements or remedies related to unilateral modification of employment terms.

Nebraska is an employment-at-will state. Unless the parties contract otherwise, employment is presumed to be at will. Therefore, setting aside the potential applicability of a number of state and federal laws (e.g., anti-discrimination laws), either the employer or the employee may terminate the employment relationship at any time, with or without cause.

Nebraska is an at-will employment state.

The Nebraska Fair Employment Practices Act prohibits employers from retaliating against whistleblowers who engage in protected activity. See Neb. Rev. Stat. § 48-1114.

Nebraska's Workplace Privacy Act restricts an employer (public or private, regardless of size) from requesting or requiring that an employee or applicant provide any user name or password or any other related account information in order to gain access to the employee's or applicant's personal Internet account, or that an employee or applicant log into a personal Internet account in the presence of the employer. Additionally, the law prohibits an employer from requiring an employee or applicant to add anyone, including the employer, to the list of contacts associated with the employee's or applicant’s personal Internet account.

The Act establishes a civil cause of action in favor of an aggrieved employee or applicant to remedy a violation. Injunctive relief, general and special damages, and reasonable attorney fees may be awarded.

The Nebraska Fair Employment Practices Act prohibits employers from discriminating against employees on the basis of race, color, religion, sex, disability, marital status, national origin, or pregnancy (including childbirth and related medical conditions). The Nebraska Age Discrimination in Employment Act prohibits employer from discriminating against individuals over the age of 40.

In Nebraska, an employer who permits an employee to take a leave of absence upon the birth of the employee's child must allow an adoptive parent, following the commencement of the parent-child relationship, the same leave upon the same terms. The law is intended to provide adoptive parents with the same paid leave given to biological parents. See Neb. Rev. Stat. § 48-234. Nebraska has also adopted a Family Military Leave Act which requires employers to provide between 15 (employers with 15-50 employees) and 30 (employers with 50+ employees) days of unpaid leave for the spouse or parent of a person called up to military service for more than 179 days. Employees must have worked for the same employer for at least 12 months and a minimum of 1250 hours to be eligible for the leave. Employees who wish to take five or more consecutive days of leave must give the employer at least 14 days' notice. See Neb. Rev. Stat. §§ 55-502-503. There have been no changes to leave benefits in the past 12 months.

There is currently proposed legislation. Legislative Bill 1213 would require covered employers to offer at least 20 hours of paid leave each year to parents and guardians to attend school events. Legislative Bill 1139 would establish a family and medical leave insurance program that employers and employees can opt into. Moreover, if passed by Nebraska voters in 2024, a current ballot initiative would require all Nebraska businesses to offer paid sick leave to employees beginning in October 2025. Under the initiative, employees would earn one hour of paid sick leave for every 30 hours worked. For employers with fewer than 20 employees, workers would be eligible to earn up to five days of paid sick leave per year. For employers with 20 or more employees, workers would be eligible to earn up to seven days of paid sick leave per year. The initiative would not impact an employer's ability to maintain a more generous leave policy.

Restrictive covenants must be reasonable in length and limited to the former employer's clients or accounts with whom the former employee actually did business and had personal contact. See Mertz v. Pharmacists Mut. Ins. Co., 261 Neb. 704 (2001).

An employee who is employed at-will can be presented with a restrictive covenant, and the restrictive covenant can be made a requirement of continued employment. An employer cannot terminate an employee for refusing to sign a restrictive covenant if that employee has an employment contract that is in effect that would prohibit such change. New employment, continued employment, and remuneration all serve as consideration for a restrictive covenant.

Nebraska does not require retirement savings for private sector employees. Certain state employees are required to contribute to a pension scheme.

With some limited exemptions, all employers with one or more employees must provide workers’ compensation insurance for their employees. Generally, an employer must also contribute to an unemployment compensation fund. Nebraska law does not require any particular job benefits other than the payment of minimum wages.

No, it is not permitted to have a mandatory retirement age in Nebraska.

Not applicable. 

Employers can make the COVID-19 vaccine mandatory for their employees. However, an employer may be required to grant a reasonable accommodation for a qualified individual with a disability who cannot receive the vaccine because of the individual’s disability. Similarly, an employee may request a religious accommodation for a sincerely held religious belief, practice, or observance that prevents the employee from taking the vaccine. Nebraska law does not prohibit an employer from terminating an employee who refuses to receive a vaccine for reasons other than the employee’s protected status under the Nebraska Fair Employment Practice Act.

Nebraska law does not prohibit an employer from requiring its employees to return to work in the office rather than working remotely. If an employee refuses to return to the office, the employer can generally terminate the employee’s employment. However, an employee who has a disability may request a disability-based accommodation to the employer’s return mandate. Whether an employer is required to grant this request requires a case-by-case analysis.