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Employment Laws in Nebraska

Filed under Office & HR.

Employers in Nebraska must conform to these state rules relating to the employment relationship.

Employee means an individual employed by an employer, but not an individual employed by his or her parent, grandparent, spouse, child or grandchild or in the domestic service of any person.

For purposes of the equal pay law, employee means any individual employed by an employer.

Employer means:

  • a person engaged in an industry who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year
  • an agent of an employer
  • any party whose business is financed, in whole or in part, under the Nebraska Investment Finance Authority, regardless of the number of employees

Employer does not include the United States or a bona fide membership club, except for a labor organization, that is exempt from taxation under the tax code.

For purposes of discrimination on the basis of age, employer means:

  • an employer of 20 or more individuals
  • a person acting for or in the interest of an employer, directly or indirectly
  • a party whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act

For age discrimination purposes, employer does not include a corporation wholly owned by the government of the United States.

For purposes of discrimination on the basis of sex, employer means a person employing 15 or more employees for each working day in each of the 20 or more calendar weeks in the current or preceding calendar year.

Prohibited Employment Discrimination

Employers may not discriminate in their hiring or employment practices, including compensation, against job applicants or employees on the basis of the individuals':

  • age (ages 40-69)
  • race
  • color
  • religion
  • sex (including pregnancy, childbirth and related medical conditions)
  • disability
  • marital status
  • national origin
  • because the applicant has or is suspected of having AIDS

Volunteer Emergency Responders Job Protection Act. An employer is prohibited from terminating or taking other disciplinary action against an employee who is a volunteer firefighter, a Civil Air Patrol volunteer or a member of a state emergency response team, if the employee when acting or actively deployed as an volunteer emergency responder, is absent from or reports late to work in order to respond to an emergency.

Employment history liability. An employer who in good faith discloses specified employment history information about a current or former employee to a prospective employer with an employee's written consent has immunity from legal liability.

Recordkeeping Requirements

Employers may be required to make, keep and preserve records relevant to the determination of whether unlawful employment practices have been or are being committed and make reports as a manner of compliance.

The Equal Opportunity Commission may require the keeping of records necessary or appropriate for the administration of the age discrimination law. The commission may seek judicial enforcement through the office of the Attorney General to gain access to records relevant to a charge under investigation.

Employers subject to the equal pay law must make, keep and maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment of their employees and must preserve the records for the period of time and make reports as the Equal Employment Opportunity Commission prescribes.

Posting Requirements

Every employer that is subject to the Nebraska Fair Employment Practice Act must display in a conspicuous place or places on its premises a notice prepared by the Equal Opportunity Commission, setting forth excerpts of the law.

Every person subject to the equal pay law must keep an abstract or copy of the law posted in a conspicuous place in or about the premises where any employee is employed. Employers will be furnished copies or abstracts of the law by the state on request without charge.

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