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Women are
67%
more likely to
live in poverty
than white men in
Nebraska
Single-woman led households are at the
highest risk
of poverty in
Nebraska
In
Nebraska
, women earn
$0.76
for every dollar a white man makes
Women in
Nebraska
are
64%
more likely to earn
minimum wage
than white men
Women in
Nebraska
are
67%
more likely to earn a
tipped wage
than white men
In
Nebraska
, at least
71%
of women are essential to the financial security of their household
Nebraska law prohibits employers from paying wages to any employee in the same establishment less than what the employer pays any employee “of the opposite sex” for “equal work on jobs which require equal skill, effort and responsibility under similar working conditions.”[1] Nebraska’s equal pay law applies to all public and private employers with two or more employees for each working date in each of 20 or more calendar weeks in the current or preceding year.[2]
· Affirmative Defenses: To justify a pay disparity, an employer in Nebraska can assert that it was based on an established seniority system; a merit increase system; a system which measures earning by quantity or quality of production; or any factor other than sex.[3]
· Retaliation: Employers cannot discharge or discriminate against an employee who exercises their rights under this law.[4]
[1] Neb. Rev. Stat. § 48-1221 (2021).
[2] Neb. Rev. Stat. § 48-1220 (2021).
[3] Neb. Rev. Stat. § 48-1221 (2021).
[4] Id.
No. Nebraska law only covers sex and essentially requires equal pay for equal work. It also contains a similar affirmative defense to “any factor other than sex.”[1]
[1] Neb. Rev. Stat. §§ 48-1104, 48-1221(2021).
No. Nebraska does not mandate any form of employer pay disclosure.
No. Nebraska does not prohibit employers' use of salary history in hiring and setting pay.
Yes. Nebraska law prohibits an employer from discriminating against an employee because the employee has “inquired about, discussed, or disclosed information regarding employee wages, benefits, or other compensation.”[1] However, this law does not permit employees to discuss this information during working hours, if in violation of workplace policies or contractual obligations, or to disseminate the information to the general public.[2] Employers are covered by this law if they have at least fifteen employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year.[3]
[1] Neb. Rev. Stat. § 48-1114 (2021).
[2] Id.
[3] Neb. Rev. Stat. § 48-1102 (2021).
No. Nebraska does not require employers to collect, report, or assess gender-based pay data.
Yes. The minimum wage in Nebraska is above the federal minimum wage.[1] The law also provides for a gradual increase each year ending with a $15.00/hr minimum wage on January 1, 2026.[2] After that, the Nebraska minimum wage will be increased on January 1 of successive years, by the increase in the cost of living (inflation).[3]
[1] Neb. Rev. Stat. § 48-1203(1)(b) (2021).
[2] Neb. Rev. Stat. § 48-1203(1)(e) (2021).
[3] Neb. Rev. Stat. § 48-1203(2) (2021).
No. Nebraska employers may pay tipped workers less than minimum wage, but the sum of wages and tips received by the employee must be equal to or exceed the state’s minimum wage.[1]
[1] Neb. Rev. Stat. § 48-1203(3) (2021).
No. Nebraska law only requires employers to pay wages “on regular days designated by the employer or agreed upon by the employer and employee.”[1]
[1] Neb. Rev. Stat. § 48-1230(1) (2021).
No. Nebraska law does not require employers to give workers a written notice of their pay.
No. Nebraska does not have a state overtime law, so federal law governs. Covered nonexempt employees must receive overtime pay for any time worked beyond 40 hours in a workweek (any fixed and regularly recurring period of 168 hours—seven consecutive 24-hour periods) at a rate no less than time and a half at the regular rate of pay.[1]
[1] 29 U.S.C. §207 (2020).
Yes. Nebraska law enables an employee to sue for wages owed that are not paid within thirty days of the regular payday.[1] If an employee secures a judgment on a claim, that employee is entitled to recover the full amount of the judgment and the costs of the lawsuits (including reasonable attorney’s fees).[2] However, if a court finds that no dispute existed over whether the wages were owed, the employee may be required to pay the employer’s attorney’s fees and costs.[3] Additionally, if a court finds that nonpayment of the wages was willful, an employee can recover two times the amount of unpaid wages from the employer.[4] The law does not specifically protect against retaliation for bringing a lawsuit.
[1] Neb. Rev. Stat. § 48-1231(1) (2021).
[2] Id.
[3] Id.
[4] Neb. Rev. Stat. § 48-1232 (2021).
