NEBRASKA & FEDERAL

KNOW YOUR RIGHTS IN THE WORKPLACE

NEBRASKA & FEDERAL

PRINTABLE LABOR LAWS

For more information please call 1-800-745-9970

3 Nebraska Labor Laws

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DISCRIMINATION

Notice to Job Applicants Employees, Employers, Labor Unions, Employment Agencies, Landlords, Tenants, Proprietors, Public:

Discrimination in employment , housing, public accommodations Is prohibited by state law.

Unlawful Employment Practices

It is illegal for an employer to discriminate against you because of your Race, Color, Sex, Pregnancy, National Origin, Marital Status, Disability, Religion and/

or Age (40- years-old and over). Discrimination may occur in such areas as Hiring, Promotions, Transfers, Lay-offs, Discipline and Termination, Compensation

and Benets, Training, Other Terms or Conditions of Employment, or Sexual Harassment. The Nebraska Equal Opportunity Commission is authorized to

investigate allegations of discrimination under the Fair Employment Practices Act and the Equal Pay Act of Nebraska, both of which covers employers with

15 or more employees; and the Nebraska Age Discrimination in Employment Act, which covers employers with 20 or more employees. Labor Organizations,

Employment Agencies, Apprenticeship and Training Programs are all covered by the law.

Authority: Sections 48-1001 through 48-1009; Sections 48-1101 through 48-1125; Sections 48-1219 through 1227, R.R.S. Nebraska, 1943.

Public Accommodations and Housing Discrimination

The Nebraska Fair Housing Act prohibits unlawful housing practices which includes discrimination because of Race, Color, Religion, National Origin, Sex,

Disability and Familial Status in Purchases, Sales, Rentals, Loans, Publishing, Representation, Inquiry, Listings, Discharge, or Demotion of Agents or

Employees in obedience to the law, blockbusting and other such actions.

Authority: Sections 20-301 through 20-344, R.R.S. Nebraska, 1943.

The Nebraska Civil Rights Act of 1969-Public Accommodation prohibits

discrimination because of Race, Color, Religion, Sex, National Origin, or Ancestry in Services, Privileges, Facilities, Advantages and Accommodations by all

Public Places and Businesses offering the same. Private establishments, etc. must meet the exceptions as set out in the law.

Authority: Sections 20-132 through 20-143, R.R.S. Nebraska, 1943.

Protection From Retaliation

The Laws enforced by the Nebraska Equal Opportunity Commission prohibit an employer, landlord, or others subject to the laws from engaging in any form of

retaliation because you have led a charge of discrimination opposed a practice made illegal by these laws, or acted as a witness in any investigation or hearing

conducted by the Commission. In addition, the Fair Employment Practices Act makes it illegal for an employer to engage in any retaliation because a person has

opposed any illegal practice or refused to carry out any action that is illegal under the laws of the State of Nebraska or the United States.

COMPLAINTS:

The Nebraska EOC will investigate every complaint in an impartial manner,

without cost to you and without publicity. If there is reasonable cause to believe that the law was violated, the Nebraska EOC will hold a conciliation conference.

In case of failure to settle or resolve a charge by conference, mediation, conciliation, arbitration or persuasion, a public hearing or litigation may occur.

EMPLOYERS, EMPLOYMENT AGENCIES, UNIONS, LANDLORDS, LENDERS, REAL ESTATE OFFICES, PROPRIETORS, PUBLIC, ETC: You may call on the

Nebraska EOC for information on procedures, advice on policy problems, literature, reading lists, lms, speakers service, and aid in educational programming.

For Information or Assistance, Please write, call, or come to:

THIS NOTICE MUST BE POSTED in conspicuous, well-lighted places-e.g., hiring ofces, employee bulletin boards, employment agency waiting rooms,

union hall-which are frequented by employees, job seekers, or applicants for union membership. Firms and organizations that have more than one such ofce,

plant or posting place, should request extra copies of this notice. For information on exceptions write to Nebraska EOC. This document satises the requirements

for posting pursuant to the laws administered by the NEOC.

THIS COMMISSION INVESTIGATES UNLAWFUL DISCRIMINATION COMPLAINTS FILED ANYWHERE IN THE STATE OF

NEBRASKA: AT NO COST TO THE PERSON MAKING THE COMPLAINT

Revised 9/2011

STATE OF NEBRASKA

EQUAL OPPORTUNITY COMMISSION

DISCRIMINATION IS PROHIBITED BY STATE LAW

Main Office

Equal Opportunity Commission

301 Centennial Mall South, 5th Floor

P.O. Box 94934

Lincoln, Nebraska 68509-4934

Telephone (402) 471-2024

1-800-642-6112

Branch Office

1313 Farnam on-the-Mall

Omaha, Nebraska 68102-1836

Telephone (402) 595-2028

1-800-382-7820

www.neoc.ne.gov

Branch Office

Panhandle Office Complex

505A Broadway, Suite 600

Scottsbluff, Nebraska 69363-1500

Telephone (308) 632-1340

1-800-830-8633

4 Nebraska Labor Laws

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UNEMPLOYMENT INSURANCE

001. This chapter is adopted pursuant to Neb. Rev. Stat. §§48-626, 48-627, 48-629, and 48-607.

002. A. All claims shall be filed online through the Nebraska Department of Labor Claims Center’s online web

application available at www.dol.nebraska.gov unless a special accommodation is required or no reasonable

access to an office maintained by the Department of Labor is available. Conditions requiring a special

accommodation shall include, but not be limited to, language barriers and physical and mental handicaps.

If a special accommodation is required, claimants may file an application for benefits through the Nebraska

Department of Labor Claims Center. The individual shall provide such information as required on the

application. Each application shall be signed or attested to. An application may be signed by electronic

signature or handwritten on a form prescribed by the Commissioner.

B. When filing a new initial claim, re-opening an existing claim, or filing a subsequent claim for unemployment

benefits a claimant shall be required to register for work and create an active, online and searchable resume in

the Nebraska Department of Labor’s web application for Reemployment services in accordance with 219 NAC 4.

C. The initial application for benefits shall be effective Sunday of the week in which the applicant files an

application with the Department. The Commissioner, for good cause, may establish a different effective date.

D. A week shall be deemed to be in, within, or during that benefit year which includes the greater part of such week.

003.

A. A separate claim for benefits shall be made for each week of unemployment by a method of claiming

prescribed by the Commissioner.

B. An individual shall be ineligible for benefits for any week for which the individual fails to demonstrate that the

individual engaged in an active and earnest search for work as required under 219 NAC 4.

C. An electronic media claim transaction shall be completed by the claimant and received by the Department by

the Saturday following the most recent week ending date. The failure of a claimant to timely complete an

electronic media transaction shall be the basis for a denial of that week’s benefits unless good cause for the late

transaction can be shown. Any intervening weeks until the week in which the transaction was completed and

received by the Department shall also be denied, regardless of cause.

A claim for benefits shall be filed for waiting week credit even though benefits are not payable for that week.

E. A claim for benefits shall be filed for each week of eligibility during the time an applicant is awaiting the

results of an appeal hearing if the applicant intends to claim benefits during that time period.

004.

The Department may direct a claimant to contact one of its offices to meet eligibility or other reporting

requirements, or to provide other information as needed in the administration of Nebraska Employment

Security Law. Unless good cause is shown, failure to contact the office as directed may result in the denial of

benefits beginning with the week the claimant was scheduled to report and ending the Saturday prior to the

week in which he/she reports to the Department.

UNEMPLOYMENT INSURANCE:

ADVISEMENT OF BENEFIT RIGHTS

TITLE 219 - DEPARTMENT OF LABOR: CHAPTER 2 - CLAIMS FOR BENEFITS

To file an a claim for unemployment benefits, go to NEworks.nebraska.gov.

5 Nebraska Labor Laws

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UNEMPLOYMENT INSURANCE (Continued)

Updated: 11/16/2022

005. In the event that wage information cannot be obtained from an employer, the Department may request that

such information be provided by the claimant. The claimant may be required to provide payroll check stubs,

W-2’s, or other reliable information corroborating the amount of wages stated by the claimant. A failure by the

claimant to comply with such a request by the due date on the form shall cause the claim to be processed

without the requested wages and may result in a denial of benefits until the week in which the information

regarding requested wages is received by the Department.

006.

In the event of a major disaster declared by both the Governor of the State of Nebraska and the President, the

Commissioner may permit backdating of the effective date of unemployment insurance claims to agree with

the effective date of the federal disaster period.

007.

Each worker engaged in employment covered by the Nebraska Employment Security Law, including service

covered by election of an employer, shall procure a federal social security account number and furnish that

number to every employer for whom that worker performs covered employment.

008.

Weeks of disqualification assessed and reductions in benefits determined pursuant to the Nebraska

Employment Security Law, Neb. Rev. Stat. §§48-601 to 48-683, shall be determined in accordance with the

number of weeks of disqualification in effect on the applicable date of the most recently filed initial, transitional

or additional claim.

6 Nebraska Labor Laws

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Page 1 of 2

MINIMUM WAGE

Updated: 10/5/2016

Minimum Wage in Nebraska

Effective Date Minimum Hourly Wage Rate

January 1, 2016 $9.00

January 1, 2023 $10.50

January 1, 2024 $12.00

January 1, 2025 $13.50

January 1, 2026 $15.00

Beginning January 1, 2027, the minimum wage will increase based on the cost-of-living increase as measured by the Consumer Price Index.

Except as provided below, every employer of four or more persons at any one time shall pay its employees a minimum wage per hour

as listed above.

•

In the case of employees paid gratuities for services performed, the combined amount of hourly wage and gratuities given to the

employee shall equal or exceed the current minimum wage. The hourly wage amount paid to the employee shall be at least $2.13

per hour and the employer is responsible for making up the dierence between the actual hourly wage and gratuities paid to the

employee and the current minimum wage.

•

Any employer employing student-learners as part of a bona de vocational training program shall pay such student-learners’ wages

at a rate of at least 75% of the minimum wage rate.

•

An employer may pay a new employee younger than 20 who is not a seasonal or migrant worker, a training wage of at least 75% of

the federal minimum wage for 90 days from the date the new employee was hired, subject to the terms and conditions described in

Neb. Rev. Stat. §48-1203.01.

48-1202. For purposes of the Wage and Hour Act, unless the context otherwise requires:

1. Employ shall include to permit to work;

7 Nebraska Labor Laws

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Page 2 of 2

MINIMUM WAGE (Continued)

2. Employer shall include any individual, partnership, limited liability company, association, corporation, business trust, legal

representative, or organized group of persons employing four or more employees at any one time except for seasonal employment

of not more than twenty weeks in any calendar year, acting directly or indirectly in the interest of an employer in relation to an

employee, but shall not include the United States, the state, or any political subdivision thereof;

Employee shall include any individual employed by any employer but shall not include:

Any individual employed in agriculture;

b. Any individual employed as a baby-sitter in or about a private home;

c. Any individual employed in a bona de executive, administrative, or professional capacity or as a superintendent or supervisor;

d. Any individual employed by the United States or by the state or any political subdivision thereof;

e. Any individual engaged in the activities of an educational, charitable, religious, or nonprot organization when the employer-

employee relationship does not in fact exist or when the services rendered to such organization are on a voluntary basis;

Apprentices and learners otherwise provided by law;

g. Veterans in training under supervision of the United States Department of Veterans Aairs;

h. A child in the employment of his or her parent or a parent in the employment of his or her child; or

i. Any person who, directly or indirectly, is receiving any form of federal, state, county, or local aid or welfare and who is physically

or mentally disabled and employed in a program of rehabilitation, who shall receive a wage at a level consistent with his or her

health, eciency, and general well-being;

Occupational classication shall mean a classication established by the Dictionary of Occupational Titles prepared by the United

States Department of Labor; and

Wages shall mean all remuneration for personal services, including commissions and bonuses and the cash value of all remunerations

in any medium other than cash.

For further information regarding the Nebraska Wage and Hour Act,

contact the Nebraska Department of Labor

PHONE 402-471-2239

Updated: 11/22/2022

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FEDERAL MINIMUM WAGE

The law requires employers to display this poster where employees can readily see it.

OVERTIME PAY At least 1 ½ times your regular rate of pay for all hours worked over 40 in a workweek.

CHILD LABOR An employee must be at least 16 years old to work in most non-farm jobs and at least 18 to work in

non-farm jobs declared hazardous by the Secretary of Labor. Youths 14 and 15 years old may work outside school

hours in various non-manufacturing, non-mining, non-hazardous jobs with certain work hours restrictions.

Different rules apply in agricultural employment.

TIP CREDIT Employers of “tipped employees” who meet certain conditions may claim a partial wage credit based

on tips received by their employees. Employers must pay tipped employees a cash wage of at least $2.13 per hour

if they claim a tip credit against their minimum wage obligation. If an employee’s tips combined with the

employer’s cash wage of at least $2.13 per hour do not equal the minimum hourly wage, the employer must make

up the difference.

PUMP AT WORK The FLSA requires employers to provide reasonable break time for a nursing employee to express

breast milk for their nursing child for one year after the child’s birth each time the employee needs to express

breast milk. Employers must provide a place, other than a bathroom, that is shielded from view and free from

intrusion from coworkers and the public, which may be used by the employee to express breast milk.

ENFORCEMENT The Department has authority to recover back wages and an equal amount in liquidated damages

in instances of minimum wage, overtime, and other violations. The Department may litigate and/or recommend

criminal prosecution. Employers may be assessed civil money penalties for each willful or repeated violation of the

minimum wage or overtime pay provisions of the law. Civil money penalties may also be assessed for violations of

the FLSA’s child labor provisions. Heightened civil money penalties may be assessed for each child labor violation

that results in the death or serious injury of any minor employee, and such assessments may be doubled when the

violations are determined to be willful or repeated. The law also prohibits retaliating against or discharging workers

who file a complaint or participate in any proceeding under the FLSA.

ADDITIONAL INFORMATION

• Certain occupations and establishments are exempt from the minimum wage, and/or overtime pay provisions.

• Special provisions apply to workers in American Samoa, the Commonwealth of the Northern Mariana Islands,

and the Commonwealth of Puerto Rico.

•

Some state laws provide greater employee protections; employers must comply with both.

•

Some employers incorrectly classify workers as “independent contractors” when they are actually employees

under the FLSA. It is important to know the difference between the two because employees (unless exempt) are

entitled to the FLSA’s minimum wage and overtime pay protections and correctly classified independent

contractors are not.

• Certain full-time students, student learners, apprentices, and workers with disabilities may be paid less than the

minimum wage under special certificates issued by the Department of Labor.

EMPLOYEE RIGHTS UNDER THE FAIR LABOR STANDARDS ACT

BEGINNING

JULY 24, 2009

PER HOUR

$7.25

FEDERAL MINIMUM WAGE

WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

www.dol.gov/agencies/whd

WH1088 REV 04/23

8 Nebraska Labor Laws

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EEOC

KNOW YOUR RIGHTS: WORKPLACE DISCRIMINATION IS ILLEGAL

9 Nebraska Labor Laws

Who is Protected?

• Employees (current and former), including

managers and temporary employees

• Job applicants

• Union members and applicants for membership in

a union

What Organizations are Covered?

• Most private employers

• State and local governments (as employers)

• Educational institutions (as employers)

• Unions

• Stang agencies

What Types of Employment Discrimination

are Illegal?

Under the EEOC’s laws, an employer may not

discriminate against you, regardless of your

immigration status, on the bases of:

• Race

• Color

• Religion

• National origin

• Sex (including pregnancy, childbirth, and related

medical conditions, sexual orientation,

or gender identity)

• Age (40 and older)

• Disability

• Genetic information (including employer requests

for, or purchase, use, or disclosure of genetic tests,

genetic services, or family medical history)

• Retaliation for ling a charge, reasonably opposing

discrimination, or participating in a discrimination

lawsuit, investigation, or proceeding

• Interference, coercion, or threats related to

exercising rights regarding disability discrimination

or pregnancy accommodation

What Employment Practices can be Challenged

as Discriminatory?

All aspects of employment, including:

• Discharge, ring, or lay-o

• Harassment (including unwelcome verbal

or physical conduct)

• Hiring or promotion

• Assignment

• Pay (unequal wages or compensation)

• Failure to provide reasonable accommodation for a

disability; pregnancy, childbirth, or related medical

condition; or a sincerely-held religious belief,

observance or practice

• Benets

• Job training

• Classication

• Referral

• Obtaining or disclosing genetic information

of employees

• Requesting or disclosing medical information

of employees

•

Conduct that might reasonably discourage someone

from opposing discrimination, ling a charge, or

participating in an investigation or proceeding

• Conduct that coerces, intimidates, threatens,

or interferes with someone exercising their rights,

or someone assisting or encouraging someone

else to exercise rights, regarding disability

discrimination (including accommodation)

or pregnancy accommodation

What can You Do if You Believe Discrimination

has Occurred?

Contact the EEOC promptly if you suspect

discrimination. Do not delay, because there are strict

time limits for ling a charge of discrimination (180

or 300 days, depending on where you

live/work). You can reach the EEOC in any of the

following ways:

Submit an inquiry through the EEOC’s public portal:

https://publicportal.eeoc.gov/Portal/Login.aspx

Call 1–800–669–4000 (toll free)

1–800–669–6820 (TTY)

1–844–234–5122 (ASL video phone)

Visit an EEOC eld oce (information at

www.eeoc.gov/eld-oce)

E-Mail [email protected]

Additional information about

the EEOC, including information

about ling a charge of

discrimination, is available

at www.eeoc.gov.

Know Your Rights: Workplace Discrimination is Illegal

The U.S. Equal Employment Opportunity Commission (EEOC) enforces Federal laws that protect you from discrimination in

employment. If you believe you’ve been discriminated against at work or in applying for a job, the EEOC may be able to help.

EMPLOYERS HOLDING FEDERAL CONTRACTS OR SUBCONTRACTS

The Department of Labor’s Oce of Federal Contract Compliance Programs

(OFCCP) enforces the nondiscrimination and armative action commitments of

companies doing business with the Federal Government. If you are applying for a

job with, or are an employee of, a company with a Federal contract or subcontract,

you are protected under Federal law from discrimination on the following bases:

Race, Color, Religion, Sex, Sexual Orientation, Gender Identity, National

Origin Executive Order 11246, as amended, prohibits employment discrimination

by Federal contractors based on race, color, religion, sex, sexual orientation,

gender identity, or national origin, and requires armative action to ensure

equality of opportunity in all aspects of employment.

Asking About, Disclosing, or Discussing Pay Executive Order 11246, as

amended, protects applicants and employees of Federal contractors from

discrimination based on inquiring about, disclosing, or discussing their

compensation or the compensation of other applicants or employees.

Disability Section 503 of the Rehabilitation Act of 1973, as amended, protects

qualied individuals with disabilities from discrimination in hiring, promotion,

discharge, pay, fringe benets, job training, classication, referral, and other

aspects of employment by Federal contractors. Disability discrimination

includes not making reasonable accommodation to the known physical or

mental limitations of an otherwise qualied individual with a disability who is an

applicant or employee, barring undue hardship to the employer. Section 503 also

requires that Federal contractors take armative action to employ and advance

in employment qualied individuals with disabilities at all levels of employment,

including the executive level.

Protected Veteran Status The Vietnam Era Veterans’ Readjustment Assistance

Act of 1974, as amended, 38 U.S.C. 4212, prohibits employment discrimination

against, and requires armative action to recruit, employ, and advance in

employment, disabled veterans, recently separated veterans (i.e., within three

years of discharge or release from active duty), active duty wartime or campaign

badge veterans, or Armed Forces service medal veterans.

Retaliation Retaliation is prohibited against a person who les a complaint of

discrimination, participates in an OFCCP proceeding, or otherwise opposes

discrimination by Federal contractors under these Federal laws. Any person who

believes a contractor has violated its nondiscrimination or armative action

obligations under OFCCP’s authorities should contact immediately:

The Oce of Federal Contract Compliance Programs (OFCCP)

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, D.C. 20210

1–800–397–6251 (toll-free)

If you are deaf, hard of hearing, or have a speech disability, please dial 7–1–1

to access telecommunications relay services. OFCCP may also be contacted by

submitting a question online to OFCCP’s Help Desk at

https://ofccphelpdesk.dol.gov/s/, or by calling an OFCCP regional or district oce,

listed in most telephone directories under U.S. Government, Department of

Labor and on OFCCP’s “Contact Us” webpage at

https://www.dol.gov/agencies/ofccp/contact.

PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Race, Color, National Origin, Sex In addition to the protections of Title VII of the Civil

Rights Act of 1964, as amended, Title VI of the Civil Rights Act of 1964, as amended,

prohibits discrimination on the basis of race, color or national origin in programs

or activities receiving Federal nancial assistance. Employment discrimination is

covered by Title VI if the primary objective of the nancial assistance is provision

of employment, or where employment discrimination causes or may cause

discrimination in providing services under such programs. Title IX of the Education

Amendments of 1972 prohibits employment discrimination on the basis of sex in

educational programs or activities which receive Federal nancial assistance.

Individuals with Disabilities Section 504 of the Rehabilitation Act of 1973, as

amended, prohibits employment discrimination on the basis of disability in any

program or activity which receives Federal nancial assistance. Discrimination is

prohibited in all aspects of employment against persons with disabilities who,

with or without reasonable accommodation, can perform the essential functions

of the job. If you believe you have been discriminated against in a program of any

institution which receives Federal nancial assistance, you should immediately

contact the Federal agency providing such assistance.

(Revised 6/27/2023)

Nebraska Labor Laws

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FMLA | FAMILY AND MEDICAL LEAVE ACT

Your Employee Rights Under the Family and Medical Leave Act

What is FMLA leave? The Family and Medical Leave Act (FMLA) is a

federal law that provides eligible employees with job-protected leave

for qualifying family and medical reasons. The U.S. Department of Labor’s

Wage and Hour Division (WHD) enforces the FMLA for most employees.

Eligible employees can take up to 12 workweeks of FMLA leave in a

12-month period for:

• The birth, adoption or foster placement of a child with you,

• Your serious mental or physical health condition that makes you

unable to work,

• To care for your spouse, child or parent with a serious mental or

physical health condition, and

• Certain qualifying reasons related to the foreign deployment of your

spouse, child or parent who is a military servicemember.

An eligible employee who is the spouse, child, parent or next of kin of

a covered servicemember with a serious injury or illness may take up

to 26 workweeks of FMLA leave in a single 12-month period to care for

the servicemember.

You have the right to use FMLA leave in one block of time. When it is

medically necessary or otherwise permitted, you may take FMLA leave

intermittently in separate blocks of time, or on a reduced schedule

by working less hours each day or week. Read Fact Sheet #28M(c) for

more information.

FMLA leave is not paid leave, but you may choose, or be required by

your employer, to use any employer-provided paid leave if your

employer’s paid leave policy covers the reason for which you need

FMLA leave.

Am I eligible to take FMLA leave? You are an eligible

employee if all of the following apply:

• You work for a covered employer,

• You have worked for your employer at least 12 months,

• You have at least 1,250 hours of service for your employer during the

12 months before your leave, and

• Your employer has at least 50 employees within 75 miles of your

work location.

Airline flight crew employees have different “hours of service”

requirements.

You work for a covered employer if one of the following applies:

• You work for a private employer that had at least 50 employees

during at least 20 workweeks in the current or previous calendar year,

• You work for an elementary or public or private secondary school, or

• You work for a public agency, such as a local, state or federal

government agency. Most federal employees are covered by Title II of

the FMLA, administered by the Office of Personnel Management.

How do I request FMLA leave? Generally, to request FMLA

leave you must:

• Follow your employer’s normal policies for requesting leave,

• Give notice at least 30 days before your need for FMLA leave, or

• If advance notice is not possible, give notice as soon as possible.

You do not have to share a medical diagnosis but must provide

enough information to your employer so they can determine whether

the leave qualifies for FMLA protection. You must also inform your

employer if FMLA leave was previously taken or approved for the

same reason when requesting additional leave.

Your employer may request certification from a health care provider

to verify medical leave and may request certification of a qualifying

exigency.

The FMLA does not affect any federal or state law prohibiting

discrimination or supersede any state or local law or collective

bargaining agreement that provides greater family or medical leave

rights.

State employees may be subject to certain limitations in pursuit of

direct lawsuits regarding leave for their own serious health conditions.

Most federal and certain congressional employees are also covered by

the law but are subject to the jurisdiction of the U.S. Office of Personnel

Management or Congress.

What does my employer need to do? If you are eligible for

FMLA leave, your employer must:

• Allow you to take job-protected time off work for a qualifying reason,

• Continue your group health plan coverage while you are on leave on

the same basis as if you had not taken leave, and

• Allow you to return to the same job, or a virtually identical job with

the same pay, benefits and other working conditions, including shift

and location, at the end of your leave.

Your employer cannot interfere with your FMLA rights or threaten

or punish you for exercising your rights under the law. For example,

your employer cannot retaliate against you for requesting FMLA leave

or cooperating with a WHD investigation.

After becoming aware that your need for leave is for a reason that may

qualify under the FMLA, your employer must confirm whether you

are eligible or not eligible for FMLA leave. If your employer determines

that you are eligible, your employer must notify you in writing:

• About your FMLA rights and responsibilities, and

• How much of your requested leave, if any, will be FMLA-protected

leave.

Where can I find more information?

Call 1-866-487-9243 or visit dol.gov/fmla to learn more.

If you believe your rights under the FMLA have been violated, you may

file a complaint with WHD or file a private lawsuit against your

employer in court. Scan the QR code to learn about our WHD

complaint process.

WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR WH1420 REV 04/23

SCAN ME

11 Nebraska Labor Laws

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USERRA - UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT

U.S. Department of Justice

Office of Special Counsel

Employer Support Of The Guard

And Reserve 1-800-336-4590

U.S. Department of Labor

1-866-487-2365

YOUR RIGHTS UNDER USERRA

THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT

USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or

certain types of service in the National Disaster Medical System. USERRA also prohibits employers from discriminating against past and present

members of the uniformed services, and applicants to the uniformed services.

REEMPLOYMENT RIGHTS

You have the right to be reemployed in your civilian job if you leave

that job to perform service in the uniformed service and:

•

you ensure that your employer receives advance written or verbal

notice of your service;

•

you have ve years or less of cumulative service in the uniformed

services while with that particular employer;

•

you return to work or apply for reemployment in a timely manner

after conclusion of service; and

•

you have not been separated from service with a disqualifying

discharge or under other than honorable conditions.

If you are eligible to be reemployed, you must be restored to the job

and benets you would have attained if you had not been absent due

to military service or, in some cases, a comparable job.

RIGHT TO BE FREE FROM DISCRIMINATION AND RETALIATION

If you:

• are a past or present member of the uniformed service;

• have applied for membership in the uniformed service; or

• are obligated to serve in the uniformed service;

then an employer may not deny you:

• initial employment;

• reemployment;

• retention in employment;

• promotion; or

• any benet of employment

because of this status.

In addition, an employer may not retaliate against anyone assisting

in the enforcement of USERRA rights, including testifying or making a

statement in connection with a proceeding under USERRA, even if that

person has no service connection.

HEALTH INSURANCE PROTECTION

• If you leave your job to perform military service, you have the right to

elect to continue your existing employer-based health plan coverage

for you and your dependents for up to 24 months while in the

military.

• Even if you don’t elect to continue coverage during your military

service, you have the right to be reinstated in your employer’s health

plan when you are reemployed, generally without any waiting

periods or exclusions (e.g., pre-existing condition exclusions) except

for service-connected illnesses or injuries.

ENFORCEMENT

• The U.S. Department of Labor, Veterans Employment and Training

Service (VETS) is authorized to investigate and resolve complaints of

USERRA violations.

•

For assistance in filing a complaint, or for any other information on

USERRA, contact VETS at 1-866-4-USA-DOL or visit its website at

https://www.dol.gov/agencies/vets/. An interactive online USERRA

Advisor can be viewed at https://webapps.dol.gov/elaws/vets/userra

• If you file a complaint with VETS and VETS is unable to resolve it, you

may request that your case be referred to the Department of Justice

or the Office of Special Counsel, as applicable, for representation.

• You may also bypass the VETS process and bring a civil action against

an employer for violations of USERRA.

The rights listed here may vary depending on the circumstances. The text of this notice was prepared by VETS, and may be viewed on the internet

at this address: https://www.dol.gov/agencies/vets/programs/userra/poster Federal law requires employers to notify employees of their rights

under USERRA, and employers may meet this requirement by displaying the text of this notice where they customarily place notices for employees.

Publication Date — May 2022

Nebraska Labor Laws

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EMPLOYEE POLYGRAPH PROTECTION ACT

EMPLOYEE RIGHTS

EMPLOYEE POLYGRAPH PROTECTION ACT

The Employee Polygraph Protection Act prohibits most private employers from using lie

detector tests either for pre-employment screening or during the course of employment.

PROHIBITIONS Employers are generally prohibited from requiring or requesting any employee

or job applicant to take a lie detector test, and from discharging, disciplining, or discriminating

against an employee or prospective employee for refusing to take a test or for exercising other

rights under the Act.

EXEMPTIONS Federal, State and local governments are not affected by the law. Also, the law

does not apply to tests given by the Federal Government to certain private individuals engaged

in national security-related activities. The Act permits polygraph (a kind of lie detector) tests to

be administered in the private sector, subject to restrictions, to certain prospective employees

of security service firms (armored car, alarm, and guard), and of pharmaceutical manufacturers,

distributors and dispensers. The Act also permits polygraph testing, subject to restrictions, of

certain employees of private firms who are reasonably suspected of involvement in a workplace

incident (theft, embezzlement, etc.) that resulted in economic loss to the employer. The law

does not preempt any provision of any State or local law or any collective bargaining

agreement which is more restrictive with respect to lie detector tests.

EXAMINEE RIGHTS Where polygraph tests are permitted, they are subject to numerous strict

standards concerning the conduct and length of the test. Examinees have a number of specific

rights, including the right to a written notice before testing, the right to refuse or discontinue a

test, and the right not to have test results disclosed to unauthorized persons.

ENFORCEMENT The Secretary of Labor may bring court actions to restrain violations and assess

civil penalties against violators. Employees or job applicants may also bring their own court

actions.

THE LAW REQUIRES EMPLOYERS TO DISPLAY THIS POSTER WHERE EMPLOYEES AND JOB

APPLICANTS CAN READILY SEE IT.

WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

www.dol.gov/agencies/whd

WH1462 REV 02/22

13 Nebraska Labor Laws

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Page 1 of 2

OSHA | OCCUPATIONAL SAFETY AND HEALTH ACT

U.S. Department of Labor

All workers have the right to:

 A safe workplace.



Raise a safety or health concern

with your employer or OSHA,

or report a work-related injury or

illness, without being retaliated

against.



Receive information and training on

job hazards, including all hazardous

substances in your workplace.



Request a condential OSHA

inspection of your workplace if

you believe there are unsafe or

unhealthy conditions. You have

the right to have a representative

contact OSHA on your behalf.



Participate (or have your

representative participate) in an

OSHA inspection and speak in

private to the inspector.



File a complaint with OSHA within

30 days (by phone, online or by

Employers must:



Provide employees a workplace free

from recognized hazards. It is illegal

to retaliate against an employee for

using any of their rights under the

law, including raising a health and

safety concern with you or with

OSHA, or reporting a work-related

injury or illness.



Comply with all applicable OSHA

standards.



Notify OSHA within 8 hours of

a workplace fatality or within 24

hours of any work-related inpatient

hospitalization, amputation, or loss

of an eye.



Provide required training to

all workers in a language and

vocabulary they can understand.



Prominently display this poster in

the workplace.



Post OSHA citations at or near the

place of the alleged violations.

14 Nebraska Labor Laws

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Page 2 of 2

OSHA | OCCUPATIONAL SAFETY AND HEALTH ACT (Continued)

U.S. Department of Labor

This poster is available free from OSHA.

1-800-321-OSHA (6742)



TTY 1-877-889-5627



www.osha.gov

Contact OSHA. We can help.

mail) if you have been retaliated

against for using your rights.



See any OSHA citations issued to

your employer.



Request copies of your medical

records, tests that measure

hazards in the workplace, and the

workplace injury and illness log.

On-Site Consultation services are

available to small and medium-

sized employers, without citation or

penalty, through OSHA-supported

consultation programs in every state.

OSHA 3165-04R 2019

15 Nebraska Labor Laws

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ANTI-DISCRIMINATION NOTICE

It is illegal to discriminate against work

authorized individuals. Employers CANNOT

specify which document(s) they will accept

from an employee. The refusal to hire an

individual because the documents have a

future expiration date may also constitute

illegal discrimination.

For information, please contact

The Oce of Special Counsel for Immigration

Related Unfair Employment Practices Oce at

800-255-7688.

16 Nebraska Labor Laws

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WITHHOLDING STATUS

Publication 213

(Rev. 8-2009)

Cat. No. 11047P

www.irs.gov

Since you last led form W-4 with your employer did you...

• Marry or divorce?

• Gain or lose a dependent?

• Change your name?

Were there major changes to...

• Your non-wage income (interest, dividends, capital gains, etc.)?

• Your family wage income (you or your spouse started or ended

a job)?

• Your itemized deductions?

• Your tax credits?

If you can answer “YES”...

To any of these questions or you owed extra tax when you led your

last return, you may need to le a new form W-4. See your employer

for a copy of Form W-4 or call the IRS at 1-800-829-3676.

Now is the time to check your withholding. For more details, get

Publication 919, How Do I Adjust My Tax Withholding?, or use the

Withholding Calculator at: www.irs.gov/individuals on the IRS

website.

Employer: Please post or publish this Bulletin

Board Poster so that your employees will see it.

Please indicate where they can get forms and

information on this subject.

17 Nebraska Labor Laws

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PAYDAY NOTICE

By: ______________________________________________________________________________________

Title: _____________________________________________________________________________________

Weekly Bi-Weekly Monthly

Other _________________________________________________

Regular Paydays for Employees of

_______________________________________________________________________

(Company Name)

Shall be as follows:

Northeast Community College

x x

Director of Compensation & HR Compliance