USA – NEBRASKA Law and Practice Contributed by: Tara Paulson, Mark Fahleson and Julie Schumacher, Rembolt Ludtke LLP
1. Employment Terms 1.1 Employee Status At-Will Employment
ees are those employees who meet one of the FLSA white-collar exemptions including executive, admin - istration, professional, or certain computer or outside sales employees. Each exemption has specific duties requirements in order for the employee to qualify. Employees who satisfy the requirements of one of the FLSA’s white-collar exemptions are not entitled to minimum wage or overtime. Employers who violate the FLSA are liable for eco - nomic damages in the form of unpaid overtime wages. Employees who prove a violation of the FLSA’s over - time requirements may be entitled to “double damag - es” that match the amount of unpaid overtime wages unless the employer is able to show it acted in good faith. Employees who prove an FLSA overtime viola - tion was “willful” may extended the standard two-year statute of limitation period to three years and recover attorney fees. 1.2 Employment Contracts Employment contracts are not required in Nebraska. Nebraska is an at-will employment state. At-will employ - ment is presumed to be for an indefinite term and an employer or employee can terminate the employment relationship at any time for any lawful reason. Employers often utilise individual agreements to address confidentiality and trade secrets, and non- compete and non-solicitation covenants. See 2. Restrictive Covenants . In the absence of a written employment agreement, Nebraska employers typically define the employ - ment relationship in documents such as offer letters, job descriptions, employment policies or employee handbooks. Employers should be mindful to include disclaimers in such documents where appropriate to avoid unintended obligations. 1.3 Working Hours Maximum Working Hours Nebraska does not limit the maximum working hours per day/week for workers aged 16 and older. Minors under 14 years generally may not work more than eight hours per day, more than 48 hours per week, or before 6am or after 8pm. Minors 14 and 15 years old generally may not work more than eight hours per day,
Nebraska is an “at will” employment state, meaning either the employer or the employee can terminate the relationship at any time provided the termination decision is not otherwise prohibited by law (ie, due to discrimination or retaliation). Although Nebraska is an employment-at-will jurisdiction, an employer can forfeit its at-will right to terminate an employee by promising employment for a fixed period or stat - ing (including verbally) that employment will only be terminated under certain circumstances, such as for “good cause” or “good reason”. Joint Employment Joint employment occurs when more than one entity is a worker’s employer. Joint employers are individual - ly and equally responsible for compliance with labour, employment and certain other laws. For a third party to be a joint employer with another employer, the third party must have exerted signifi - cant control over the employee. Factors to consider in determining joint-employer status are: • the right of selection, or to employ at will; • responsibility for the payment of wages; • the right to discharge or terminate the relationship; • the right to control the work; and • whether the party sought to held as the employer is the responsible authority in charge of the work or for whose benefit the work is performed. Under the National Labor Relations Act (NLRA), the National Labor Relations Board (NLRB) currently may find two or more entities are joint employers if they are both employers within the meaning of the common law and if they share or co-determine matters govern - ing the essential terms and conditions of employment. Non-Exempt and Exempt Employees Nebraska follows the federal Fair Labor Standards Act (FLSA). Non-exempt employees are those employees who do not meet the FLSA white-collar exemptions and are entitled to minimum wage and overtime for hours worked over 40 in a workweek. Exempt employ -
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