Nebraska FLSA Lawyer
Workers in Nebraska are entitled to certain workplace protections covering minimum wage, recordkeeping, and to protect children from unfair working environments. The federally enacted Fair Labor Standards Act provides workers with certain rights and protections in the workplace. In today’s working environment it is critical that employees and employers understand their rights and obligations in the workplace.
Under Nebraska’s Wage Payment and Collection Act workers are entitled to certain benefits and assurances that they will receive proper and appropriate payment for their services. This law also provides a legal means of recovering from unfair payment policies and practices.
If you have questions or concerns about working hours, minimum wage, overtime benefits, or recordkeeping, a Nebraska FLSA lawyer at Inkelaar Law can explain your rights in the workplace. Speaking with a driven personal injury attorney could give you the peace of mind necessary to file for damages.
Fair Labor Standard Act Violation Claims
Employment laws have largely been enacted to provide workers with protections in the workplace. Examples of Fair Labor Standard Act (FLSA) and other employment law violations include:
- An employer requiring workers to perform tasks either before clocking in or after clocking out
- Requiring employees to be at work before their scheduled shift
- Misclassifying employees as exempt employees
- Employers making unauthorized deductions from paychecks
- Failure to pay employees for vacation time after leaving
- Not paying at least minimum wage to covered employees
- Failing to pay overtime rates for hours worked over a forty-hour workweek
With a focus on protecting workers’ rights, Nebraska FLSA lawyer could help advocate for your right to fair pay and can aggressively pursue employers for improperly withholding pay under Nebraska’s employment laws and under the FLSA.
FLSA vs Nebraska’s Employment Laws
The FLSA is a federally enacted statute that applies to all states. This law provides workers with protections covering minimum wage, overtime pay, and child labor laws. Each state is entitled to enact their own employment laws; however, a state cannot offer fewer protections than those offered under the FLSA.
For example, the current minimum wage under the FLSA is $7.25 an hour. Therefore, a state may set a minimum wage above $7.25 an hour, however, they would be barred from enacting a minimum wage lower than $7.25.
Minimum and Overtime Wage Rights in Nebraska
Nebraska has enacted laws that provide workers are entitled to receive a minimum wage set at $9.00 an hour. N.R.S §48-1203. However, the minimum wage law does not apply to employers who employ fewer than four employees. N.R.S §48-1202(2). Nebraska currently does not have any overtime payment requirements. However, under the FLSA, workers are entitled to one and a half times their current pay rate for any time worked over 40 hours.
However, there are certain employees who are exempt from overtime pay under the FLSA including:
- Domestic household employees
- Bona fide executives and administrators
- Volunteers for educational, religious, or nonprofit services
- Commission employees
- Students working after school hours or during vacation
How a Nebraska FLSA Attorney Can Help
Unfortunately, many employers try to avoid state and federal wage and hour laws by misclassifying employees, failing to properly account for working hours, and paying employees below wage minimums. If you have questions or concerns about your rights in the workplace under either Nebraska’s Wage Payment and Collection Act, or the Fair Labor Standards Act, contact a Nebraska FLSA lawyer at Inkelaar Law. An FLSA attorney will be able to help determine whether your employer violated your rights in the workplace, and what benefits you are entitled to as a result.