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[null,"Prepared By:","Contributors:"]
[null,"Baird Holm LLP","Sara McCue"]
[]
[]
[]
["Global Employment Law Guide"]
[]
["Report Generated: 5/2/2025"]
[]
["View your report results on next tab"]

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["Question","USA, Nebraska"]
["Lex Mundi Global Employment Law Guide"]
["What are the different categories of employment status (for example, employee, worker, self-employed individuals, etc)?","The terms employee and worker are used interchangeably and have the same meaning throughout the \nNebraska 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.\n"]
["Are there different types of employment contracts (for example, fixed-term, indefinite)?","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.\n"]
["What requirements need to be met in order for an employment contract to be valid?","\"\nThe 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).\n"]
["Are part-time employees afforded the same rights as full-time employees?","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 \nNebraska 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 \nFair Labor Standards Act for hours worked in excess of 40 during a given week.\n"]
["Can employment contracts be assigned?","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).\n"]
["What rights do employees have (to object, to severance), if any, when the company they work for is transferred as a going concern?","There are no specific statutory rights. Also, note that Nebraska has no mini-\nWorker Adjustment and Retraining NotificationAct (\n\"WARN\")\n."]
["Do you have statutory rights for employees on change of control of an employer? If so, please give the statute.","There are no specific statutory rights. Also, note that Nebraska has no mini-\nWorker Adjustment and Retraining NotificationAct (\n\"WARN\")\n."]
["In what circumstances can employers unilaterally change the terms of employment, and what remedies (if any) are afforded to an employee?","Nebraska does not have any unique requirements or remedies related to unilateral modification of employment terms.\n"]
["Is your jurisdiction an employment-at-will jurisdiction? What are the employer’s termination rights?","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.\n"]
["Are there remedies for dismissal without cause or wrongful termination?","Nebraska is an at-will employment state.\n"]
["Are there protections for whistleblowers?","The \nNebraska Fair Employment Practices Act prohibits employers from retaliating against whistleblowers who engage in protected activity. See \nNeb. Rev. Stat. § 48-1114."]
["Do employees have a right to privacy? If so, what are the remedies for a breach?","Nebraska's \nWorkplace 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.\nThe \nAct 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.\n"]
["Are employees afforded any anti-discrimination protection?","The \nNebraska 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 \nNebraska Age Discrimination in Employment Act prohibits employer from discriminating against individuals over the age of 40.\n"]
["Are there statutory rights to vacation, medical leave and parental leave? Have there been any changes to leave benefits in the past 12 months? Is there any proposed legislation that employers should be aware of that will impact leave benefits?","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 \nNeb. Rev. Stat. § 48-234. Nebraska has also adopted a \nFamily 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 \nNeb. Rev. Stat. §§ \n55-502-503. There have been no changes to leave benefits in the past 12 months.\nThere is currently proposed legislation. \nLegislative 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. \nLegislative 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.\n"]
["Are restrictive covenants recognized and, if so, what are reasonable restrictions as to geography, duration and scope of activity?","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).\n"]
["Can employees be terminated for refusing to sign a restrictive covenant? What serves as consideration for a restrictive covenant?","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.\n"]
["Does your jurisdiction require contributions to a pension or retirement scheme?","Nebraska does not require retirement savings for private sector employees. Certain state employees are required to contribute to a pension scheme.\n"]
["Are certain benefits mandated by your jurisdiction?","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.\n"]
["Is it permitted to have a mandatory retirement age in your jurisdiction?","No, it is not permitted to have a mandatory retirement age in Nebraska.\n"]
["Is it possible to cease pension or insured benefits (income continuance/disability insurance, healthcare, life assurance, etc.) when work continues beyond retirement age?","Not applicable. \n"]
["Can an employer make the COVID-19 vaccine mandatory for its employees? Are there exceptions that an employer must make? If an employee simply does not want to get the vaccine (without another reason like disability or religious reason), can an employer terminate the employee’s employment?","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 \nNebraska Fair Employment Practice Act.\n"]
["Can an employer require that employees return to work in the office (absent government order to shut down)? If an employee refuses to return to the office, can the employer terminate the employee’s employment?","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.\n"]