Free Nebraska Labor and Employment FAQs | Free Nebraska Labor and Employment Legal Documents

Am I Entitled To Rest Or Meal Breaks?

Tue, 29 May 2007 21:19:00 GMT

An employee who works in an assembly plant, workshop, or mechanical establishment is entitled to a 30 minute break, off premises, between 12 noon and 1 p.m. or at other suitable lunch time, unless the establishment operates three 8hour shifts daily.

Are There Restrictions On The Hours That A Minor Can Work?

Tue, 29 May 2007 21:19:00 GMT

No person under the age of sixteen years may be employed more than fortyeight hours in any one week, nor more than eight hours in any one day, nor before the hour of 6 in the morning, nor after the hour of 8 in the evening if the child is under the age of fourteen, nor after the hour of 10 in the evening if such child is between the ages of fourteen and sixteen.

The Department of Labor is authorized to issue a special permit to allow the employment of 14 and 15 year old children before 6:00 a.m. or after 10:00 p.m. provided there is no school scheduled the following day and after an inspection of the working conditions at the business premises. The special permit may be issued for periods not to exceed ninety days and may be renewed.

How Do I File An Initial Claim For Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

All Unemployment Insurance benefit claims are filed by calling a Claims Center and completing the claim by telephone. Please have the following information available when you make your call:

Your Social Security Number;
Alien Registration Number (If you are not a U.S. Citizen);
Nebraska Drivers License Number or Nebraska ID (If you have one);
Complete names and addresses of all employers, and the dates that you worked for them during the past 18 months.

To file an initial New Claim application or to reopen an existing claim:

Lincoln Area (402) 4582500
Omaha Area (402) 8292800
Toll Free Number 18777259918

To file a Weekly Claim for a Benefit Check:

Lincoln Area (402) 4717850
Omaha Area (402) 5951030
TollFree Number 1888 2983455

How Do I Qualify For Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

Unemployment Insurance is a program that pays weekly benefits to insured workers who are unemployed or working reduced hours. A person must have worked for an employer subject to the payment Unemployment Insurance Tax and earned qualifying wages to be entitled to benefits. In order to monetarily qualify for benefits, a person must have been paid gross wages of $1,600.00 or more during their "Base Period" (First four of the last five completed calendar quarters prior to when the claim is filed), with at least $800.00 paid in each of two of the Base Period calendar quarters.

Full benefits may be paid for any week during which a worker is totally unemployed or is partially unemployed and earns less than half the weekly benefit amount on a claim. Half benefits may be paid for a week that the worker is partially employed and earns between one half and the full weekly benefit amount.

Workers must be physically and mentally capable of performing work for which they are qualified by training and experience, and which is available within the labor market. Workers ' circumstances must be such that they are prepared to accept immediate employment with no undue restrictions. In addition, workers who are not returning to a regular employer or attached to a union hiring hall must register for work with the Nebraska Department of Labor and actively search for work.

How Does My Business Establish An Unemployment Tax Account?

Tue, 29 May 2007 21:19:00 GMT

Employers must get an account established as soon as they have had enough payroll or employment as defined in the Law. For most employers this is $1500 paid in a calendar quarter or having any employees working in 20 different weeks of a calendar year. These amounts vary for agricultural employers, domestic employers, nonprofit employers, and governmental employers.

New Nebraska employers must be determined liable and complete an Application For An Unemployment Insurance Account to establish an account. Employers may complete the application and mail it or file an application online.

Once an employer is determined liable, he or she is issued an unemployment insurance account number. Once an employer has an account, employers are mailed quarterly Combined Tax Reports and Wage Reports each quarter. Reports and payments are due back at the Department of Labor by the end of the month following the end of the quarter.

Quarterly reports may also be filed online: UIConnect

How Soon After Termination Of Employment Must An Employer Pay Wages?

Tue, 29 May 2007 21:19:00 GMT

Whenever an employer separates an employee from the payroll, the unpaid wages shall become due on the next regular payday or within two weeks of the date of termination, whichever is sooner.

How Will The Hearing Be Conducted?

Tue, 29 May 2007 21:19:00 GMT

The hearing will be conducted so as to allow each party to present his or her side of the case and ask questions of the other party. The Administrative Law Judge presiding at the hearing will participate in the questioning of the parties and their witnesses to discover pertinent facts, and will assist unrepresented parties in phrasing questions. You may hire an attorney at your own expense.

The Administrative Law Judge has sole authority for the conduct of the hearing. He or she will:

Explain the issues and the meaning of the terms which the parties do not understand;
Explain the order of the testimony, questioning and rebuttal;
If necessary, assist the parties in questioning witnesses;
Question parties and witnesses to discover the necessary facts;
Determine whether testimony and documents being offered should be received and considered; and
Require parties to give a proper background for secondary evidence, documents and opinion testimony.

Is A Permit Required For Employment Of A Minor?

Tue, 29 May 2007 21:19:00 GMT

With some exceptions, no child under sixteen years of age may be employed unless the employer procures and keeps on file an employment certificate, issued by the child's school. For information on the exceptions to this provision, refer to Child Labor Law.

You can download the employment certificate by clicking on the following link: Employment Certificate for Minors 14 and 15 years old

When the Department of Labor finds it to be in the best interests of the child, the Department of Labor may issue a special permit waiving certain restrictions for any child employed as a performer in the performing arts subject to such conditions as the Department of Labor deems necessary.

Please Explain The Osha Consultation Program.

Mon, 04 Jun 2007 21:51:22 GMT

Employers can request an onsite visit by one of the OSHA Consultation Program's consultants to determine if safety and health hazards exist. The goal of this program is to help Nebraska employers identify and correct potential safety and health hazards before they become dangerous and expensive problems. This service is provided at no cost to Nebraska employers with one or more employees. This service is not available to municipal, county, state or federal agencies or organizations.

The service provided to employers can include:

Walkthrough Safety and Health Survey
Safety and Health Program Assessment
EmployerEmployee Training
Ventilation System Evaluation
Electrical Systems and Equipment Evaluation
Review of Machine Guarding
Noise Measurements
Air Sampling and Analysis
Assistance with Personal Protective Equipment
Comprehensive Written Reports
Technical Assistance
Exemption from Routine OSHA Inspections

Upon completion of the visit, program staff will identify hazards in your business and supply written reports of their findings including recommendations on how to reduce or eliminate the hazards. Corrective action on serious and imminent hazards is required as part of the program. The employer and consultant set and agree to time lines for correction of the serious hazards. The employer will be asked to confirm that corrective action has been taken.

To obtain more information contact:

Nebraska Department of LaborOSHA Consultation
301 Centennial Mall South P.O. Box 95024
Lincoln, Nebraska 68509

4024714717

(North Platte 3085358165 / Omaha 4025953168)

What Can I Do If I Am Denied Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

Either the claimant or the employer may file an appeal in writing with the Nebraska Appeal Tribunal. You may file your appeal by letter to your Area Claims Center or on a form provided by your Area Claims Center office. You must include a brief statement of the reasons why you are appealing.

Your appeal must be received by one of the local employment offices or the Administrative office of the Department of Labor in Lincoln, Nebraska, within twenty calendar days of the date of issuance of the Deputy's determination. The date of issuance is indicated on the determination form. When the last day to file an appeal falls on a Saturday, Sunday, or a legal holiday, the time limit is extended to the next regular workday.

What Is The Tax Rate?

Tue, 29 May 2007 21:19:00 GMT

New employers are assigned a tax rate of 3.5%. That rate remains in effect for the first two calendar years. After that employers rates are assigned individually based on their experience and can vary between 5.4% and .05%. Employers pay only on the first $7,000.00 in wages paid to each employee each year. This amount is referred to as the tax base. Any amount paid to an employee beyond $7,000.00 in a year is referred to as excess wages and is not taxed.

Once a year, in February, if the employer is eligible for experience rating, new rates are automatically calculated. The reserve balance is divided by the employer's average taxable payroll to create the employer's reserve ratio. The ratio is applied to a table established annually by regulation. The higher the reserve ratio, the lower the combined tax rate assigned. If an employer's reserve balance is negative, the account is assigned a rate higher than 3.5%. The range of rates is .05% to 5.4%. A rate notice is mailed at that time to employers eligible for a rate calculation.

Employers have an opportunity to make a voluntary payment into their account prior to March 10, each year and have that amount included in their reserve balance to help them qualify for a lower rate for that year. Sometimes a very small voluntary contribution is enough to qualify for the next lower tax rate and save a significant amount of money.

Nonprofit employers who have received a 501(c)(3) exempt status from the IRS have a different liability criteria and a payment option for meeting their unemployment insurance liability. These employers becomes liable if the organization had four or more individuals in employment for some portion of a day in each of twenty different weeks, whether or not such weeks were consecutive, within either the current or preceding calendar year, regardless of whether they were employed at the same moment of time.

A 501(c)(3) employer has the option of paying the quarterly unemployment insurance tax (a contributory employer) or registering as a reimbursable employer instead. Each quarter, a reimbursable employer repays the Department of Labor dollar for dollar for any benefit payments made to former employees.

What Is The Weekly Benefit Amount?

Tue, 29 May 2007 21:19:00 GMT

The weekly benefit amount is set at onehalf of an individual's average weekly wage rounded down to the nearest even dollar amount. A limitation on this is that it is not to exceed onehalf of the State Average Weekly Wage as calculated annually. The potential Weekly Benefit Amount can be calculated by finding the earnings from the quarter in the most money was paid, divided by 13 to get the average weekly wage, then divided again in half, and rounded down to the next even dollar amount.

The maximum amount of benefits payable on a claim is one third of the base period wages, or twentysix times the weekly benefit amount, whichever is less.

What Will Happen After I File My Appeal?

Tue, 29 May 2007 21:19:00 GMT

Upon receipt of your appeal, a "Notice of Appeal Filed", with further information will be mailed to you and the other appeal parties. Your appeal will be scheduled for hearing as soon as possible. A Notice of Hearing will be mailed to you at least seven days prior to the hearing date. The Notice will inform you of the time and place of the scheduled hearing, and the issue(s) to be considered. The hearing may be scheduled as an inperson hearing or be conducted by telephone conference call.

The appeal will be decided solely on the basis of the evidence presented and received at the hearing. Therefore, it is important that you prepare for the hearing. It is a good idea to write down in advance notes concerning matters you wish to cover and any questions you may wish to ask at the hearing. If you plan to have witnesses testify ask them to come to the hearing with you or be available at a telephone if the hearing is scheduled to be conducted by telephone conference call. If a needed witness is not willing to participate in the hearing, you may request that the Tribunal issue a subpoena. In addition, you should bring any documents that you believe will support your position. If a document or record which is necessary to support your case is in the possession of someone else, it may be subpoenaed for production at the hearing.

What Will Happen After The Conclusion Of The Hearing?

Mon, 04 Jun 2007 21:51:22 GMT

After considering the evidence received at the hearing, the Administrative Law Judge will make findings of fact and render a written opinion and decision. All parties will be notified of the Administrative Law Judge's decision by mail.

Any party who disagrees with the Administrative Law Judge's decision, may appeal that decision to district court. To exercise this right you must file a petition for review in the appropriate district court within 30 days after the decision becomes final.

What is the minimum wage in Nebraska?

Tue, 29 May 2007 21:19:00 GMT

The minimum wage is currently $6.55 per hour. For tipped employees, the employer shall pay wages at the minimum rate of $7.25 per hour, plus all gratuities given to them for services rendered.

Any employer employing studentlearners as part of a bona fide vocational training program shall pay such studentlearners at least seventyfive percent of the minimum wage rate.

An employer may pay a new employee who is younger than twenty years of age and is not a seasonal or migrant worker a training wage at a rate of four dollars and twentyfive cents per hour for ninety days from the date the new employee was hired.

Free Age Discrimination in Employment Act (ADEA) FAQs

Sun, 29 Nov 2009 12:47:46 GMT

Free Age Discrimination in Employment Act (ADEA) FAQs

Free Americans with Disabilities Act (ADA) FAQs

Sun, 29 Nov 2009 12:47:46 GMT

Free Americans with Disabilities Act (ADA) FAQs

Free Background Checks FAQs

Sun, 29 Nov 2009 12:47:46 GMT

Free Background Checks FAQs

Free Civil Rights Act of 1964 (Title VII) FAQs

Sun, 29 Nov 2009 12:47:46 GMT

Free Civil Rights Act of 1964 (Title VII) FAQs

Free Cobra Insurance FAQs

Sun, 29 Nov 2009 12:47:46 GMT

Free Cobra Insurance FAQs

Free Disability Law FAQs

Sun, 29 Nov 2009 12:47:46 GMT

Free Disability Law FAQs

Free Drug Tests FAQs

Sun, 29 Nov 2009 12:47:46 GMT

Free Drug Tests FAQs

Free EEO-1 Report FAQs

Sun, 29 Nov 2009 12:47:46 GMT

Free EEO-1 Report FAQs

Free EEOC Violations & Investigation FAQs

Sun, 29 Nov 2009 12:47:46 GMT

Free EEOC Violations & Investigation FAQs

Free Employee Retirement Income Security Act (ERISA) FAQs

Sun, 29 Nov 2009 12:47:46 GMT

Free Employee Retirement Income Security Act (ERISA) FAQs

Free Employment Discrimination FAQs

Sun, 29 Nov 2009 12:47:46 GMT

Free Employment Discrimination FAQs

Free Fair Labor Standards Act (FLSA) FAQs

Sun, 29 Nov 2009 12:47:46 GMT

Free Fair Labor Standards Act (FLSA) FAQs

Free Family Medical Leave Act (FMLA) FAQs

Sun, 29 Nov 2009 12:47:46 GMT

Free Family Medical Leave Act (FMLA) FAQs

Free Labor Management Relations Act (LMRA) FAQs

Sun, 29 Nov 2009 12:47:46 GMT

Free Labor Management Relations Act (LMRA) FAQs

Free Occupational Safety & Health Act (OSHA) FAQs

Sun, 29 Nov 2009 12:47:46 GMT

Free Occupational Safety & Health Act (OSHA) FAQs

Free Rehabilitation Act of 1973 FAQs

Sun, 29 Nov 2009 12:47:46 GMT

Free Rehabilitation Act of 1973 FAQs

Free Sexual Harassment FAQs

Sun, 29 Nov 2009 12:47:46 GMT

Free Sexual Harassment FAQs

Free Wages and Hours FAQs

Sun, 29 Nov 2009 12:47:46 GMT

Free Wages and Hours FAQs

Free Wrongful Termination FAQs

Sun, 29 Nov 2009 12:47:46 GMT

Free Wrongful Termination FAQs