USA – NEBRASKA Trends and Developments Contributed by: Tara Paulson, Mark Fahleson and Julie Schumacher, Rembolt Ludtke LLP
termination. The rule for employers that are “political subdivisions” depends upon when the next meeting of the governing body is to occur: (i) if separated at least one week before the next meeting of the governing body, the final wages are due within two weeks of that meeting; or (ii) if separated less than one week before the next meeting, the final wages are due within two weeks of the next regularly scheduled meeting of the governing body that follows that meeting. Nebraska’s lunch break law: Neb. Rev. Stat. Section 48-212 Since 1931, Nebraska has regulated the meal breaks for employees of “assembling plants”, “workshops” and “mechanical establishments”, none of which are defined. Specifically: “Any person, firm, or corporation owning or operating an assembling plant, workshop, or mechanical estab - lishment employing one or more persons shall allow all of their employees not less than thirty consecutive minutes for lunch in each eight-hour shift, and during such time it shall be unlawful for any such employer to require such employee or employees to remain in buildings or on the premises where their labor is per - formed. This section does not apply to employment that is covered by a valid collective-bargaining agree - ment or other written agreement between an employer and employee.”
While one could assume the law is a vestige of the Great Depression, the Nebraska Legislature clearly does not think so. In 2004, the statute was amended to make clear it does not apply where a collective bargaining agreement exists, to remove an exclusion for covered employers operating three shifts, and to delete language requiring the lunch break to be taken “between the hours of 12 noon and 1 p.m.”: 2004 Nebraska Laws L.B. 382. Conclusion In sum, Nebraska’s employment laws carry distinctive features that set Nebraska apart from other states. For attorneys advising organisations doing business in Nebraska, a solid understanding of these Nebraska nuances is essential.
764 CHAMBERS.COM
Powered by FlippingBook