The rule in Nebraska
In Nebraska, hours over 40 in a workweek are paid at 1.5 times your regular rate. There is no general daily limit, so a 12-hour day inside a 36-hour week earns no overtime.
The US Department of Labor's state table adds: “Applies to employers of 4 or more employees. No state overtime provision listed; FLSA governs.”
What counts toward your regular rate
Overtime is 1.5 times your regular rate of pay: everything you earned for the week at straight time, divided by every hour you worked.
Counts
- Your hourly pay for every hour worked, at each rate you worked
- Non-discretionary bonuses — attendance, production, safety, or any bonus promised in advance
- Commissions
- Shift differentials for nights, weekends or hazardous work
Does not count
- Discretionary bonuses and gifts, where both the fact and the amount were up to the employer
- Expense reimbursements
- Pay for time not worked: vacation, holidays, sick days
A worked example
Common mistakes employers make in Nebraska
- Using last year's minimum wage. Nebraska reached $15.00 an hour on 1 January 2026, and from 2027 the rate rises 1.75% each January, with the exact figure published by 15 October beforehand.
- Skipping the plant lunch rule. An assembling plant, workshop or mechanical establishment must allow 30 consecutive minutes for lunch in each eight-hour shift, and may not require the worker to stay in the building.
- Refusing to pay overtime the employer itself promised. Nebraska's wage payment law lets an employee claim agreed overtime as unpaid wages, even though the state sets no overtime rule of its own.
Other Nebraska pay rules worth knowing
- Final paycheck if fired: By your next regular payday or within 14 calendar days of your last day, whichever comes first.
- Unused PTO: Earned but unused vacation counts as wages in Nebraska and belongs on the final paycheck. Other paid leave, such as sick time, does not have to be paid out unless you and your employer agreed otherwise.
- Late final pay: Nebraska has no daily penalty. Once wages have gone unpaid 30 days past the payday you can sue, and winning brings the judgment, court costs and reasonable attorney's fees, on appeal as well. A willful failure costs the employer twice the unpaid wages, but that money goes to the state school fund, not to you (Neb. Rev. Stat. § 48-1231, § 48-1232).
Nebraska final paycheck law and deadline calculator →
Nebraska overtime: common questions
Does my employer have to pay overtime if they didn't approve it?
Yes. Time your employer knew you were working, or allowed you to work, counts as hours worked, whether or not anyone approved it in advance. An employer can discipline you for breaking an overtime policy, but it still has to pay overtime for those hours — in Nebraska as everywhere else under federal law.
Does my bonus change my overtime rate?
Yes, if the bonus is non-discretionary — promised for attendance, production, safety or hitting a target. It is added to your straight-time pay and divided by all the hours you worked, and your overtime is 1.5 times that higher rate. Discretionary gifts, expense reimbursements and paid time off are left out.
Does Nebraska have its own overtime law?
No. Nebraska has no state overtime provision, so the federal Fair Labor Standards Act sets the rule: time and a half after 40 hours in a workweek, with no daily limit. The federal law covers most employers — any business with $500,000 or more in annual sales, plus hospitals, schools and government agencies.
What is a workweek, and can my employer change it?
A workweek is a fixed, recurring block of seven consecutive 24-hour days, and it can start on any day and at any hour. Overtime is counted per workweek, never averaged across two, even when you are paid every two weeks. Your employer can change the start day, but only permanently and not to avoid paying overtime.
If you think you were underpaid
- Keep your own record of the hours you worked — the time card calculator totals them and exports a CSV — plus photos of the posted schedule and messages about shifts.
- Ask your employer in writing to correct the pay. Email beats a conversation because it creates a dated record.
- File a wage claim — File a wage complaint with the Nebraska Department of Labor, Labor Standards Division, or sue once wages have been unpaid 30 days past the payday. It is free, and you do not need a lawyer.
- Federal overtime claims must generally be brought within 2 years of the underpayment, or 3 years if the violation was willful.
Spotted something wrong? Report an error.
Other states that also follow the 40-hour weekly rule with nothing added: Alabama, Arizona and Delaware.
Work across a state line? Colorado overtime rules and Iowa overtime rules.