Nebraska Administrative Code Topic - LABOR, DEPARTMENT OF
1) Wage and Hour Regulations (Title 275, NAC)
Case: Minimum Wage Compliance
The Department of Labor enforces the state’s minimum wage law:
Employers must pay at least the state-mandated minimum wage to all employees, unless exempt (e.g., certain tipped employees).
Overtime must be paid at 1.5 times the regular rate for hours worked beyond 40 per week.
Employers are required to maintain accurate payroll records for each employee.
Example: A retail store employee working 45 hours a week must be paid the regular minimum wage for 40 hours and 1.5× the wage for 5 overtime hours.
Case: Wage Claims
Employees may file a wage claim with the Department if unpaid wages, overtime, or final paychecks are not provided.
The Department investigates claims, mediates disputes, and can order restitution to the employee.
Employers failing to comply may face fines or penalties.
This ensures fair compensation for work performed.
2) Unemployment Insurance Program (Title 275, NAC)
Case: Eligibility for Unemployment Benefits
Unemployment insurance (UI) provides temporary income to workers who are unemployed through no fault of their own:
Applicants must have sufficient work history and wages in covered employment.
Must be actively seeking work and able to accept suitable employment.
Voluntary resignation without good cause or termination for misconduct may disqualify benefits.
Case: Appeals Process
If a claim is denied, the applicant can request an administrative hearing:
Hearings are conducted by Department representatives or hearing officers.
Evidence and witness testimony may be presented.
Decisions can be further appealed to higher administrative levels.
This process ensures fairness and due process in distributing unemployment benefits.
3) Workers’ Compensation (Title 481, NAC)
Case: Reporting Workplace Injuries
Employers must report workplace injuries or illnesses that result in medical treatment, lost time, or fatalities:
Reports are submitted to the Department of Labor and the state workers’ compensation system.
Timely reporting ensures employees can access medical care and compensation.
Case: Compensation Benefits
Employees injured at work may receive benefits, including:
Medical expenses for treatment related to the injury.
Temporary disability payments for lost wages during recovery.
Permanent disability or vocational rehabilitation if the injury results in long-term impairment.
Case: Dispute Resolution
If there is disagreement over the claim (e.g., injury coverage, benefit amounts), the Department provides:
Mediation or hearings before an administrative law judge.
Binding decisions regarding compensation or employer liability.
This protects employees while balancing employer obligations and preventing fraud.
4) Workplace Safety and Health (Nebraska OSHA Programs, Title 295, NAC)
Case: Safety Inspections
The Department enforces occupational safety and health rules:
Conducts inspections of workplaces for hazards, machinery safety, chemical handling, and training compliance.
Inspections may be routine, complaint-driven, or accident-related.
Case: Citations and Penalties
Employers violating safety regulations may face:
Written citations detailing violations.
Monetary penalties depending on severity and history of noncompliance.
Requirements to correct hazards within a specified timeframe.
Example: If a construction company fails to provide fall protection for employees on scaffolding, the Department may issue a citation and require immediate correction.
5) Child Labor Regulations (Title 275, NAC)
Case: Employment Age Restrictions
Nebraska regulates the employment of minors:
Children under 14 are generally prohibited from working in most occupations.
14–15-year-olds may work limited hours outside school hours and in safe occupations (e.g., retail or office work).
16–17-year-olds may work more hours and in more hazardous roles with restrictions.
Case: Work Permits
Minors must obtain work permits from schools or the Department before employment:
Employers must maintain permits on file.
Permits ensure compliance with hours, occupation restrictions, and mandatory schooling.
This protects youth from exploitation and ensures educational requirements are met.
6) Employment Discrimination and Equal Opportunity (Title 273, NAC)
Case: Enforcement of Anti-Discrimination Laws
The Department enforces employment laws prohibiting discrimination based on:
Race, color, religion, sex, age, disability, national origin, or marital status.
Employers are prohibited from discriminatory hiring, promotion, or termination practices.
Case: Filing a Complaint
Employees who experience discrimination may:
File a complaint with the Department’s Civil Rights or Labor division.
The Department investigates claims, mediates disputes, and may pursue enforcement action if violations are found.
This ensures equal employment opportunities and legal recourse for affected workers.
7) Employment Services and Training Programs (Title 275, NAC)
Case: Job Matching and Training
The Department operates programs to help unemployed or underemployed workers:
Provide job matching services between employers and job seekers.
Offer training programs or grants for skills development, apprenticeships, or vocational education.
Case: Funding and Oversight
Grants and programs are monitored to ensure:
Funds are spent according to program goals.
Outcomes, such as employment placements and skill certifications, are documented.
This improves workforce readiness and economic development in Nebraska.
Summary
The Nebraska Department of Labor regulations cover:
Wage and hour compliance – minimum wage, overtime, and wage claims.
Unemployment insurance – eligibility, claims processing, and appeals.
Workers’ compensation – reporting injuries, benefits, and dispute resolution.
Workplace safety – inspections, citations, and hazard correction.
Child labor protections – age limits, work hours, and work permits.
Employment discrimination enforcement – filing complaints and anti-discrimination measures.
Employment services and training – job matching, training programs, and grant oversight.
These rules ensure fair labor practices, workplace safety, protection of vulnerable workers, and support for economic and workforce development in Nebraska.
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