Fair Labor Standard Act (FLSA) Nebraska

The Fair Labor Standards Act (FLSA) sets down requirements for recordkeeping, child labour, overtime compensation, and minimum wage that apply to both full- and part-time employees of the private sector as well as federal, state, and local governments.

Fair Labor Standard Act
Fair Labor Standard Act

The Fair Labor Standard Act establishes:

  • The federal minimum wage
  • Requirements for overtime pay
  • Pay intervals
  • Employer obligations regarding recordkeeping
  • Employment standards pertaining to child labor
  • A workweek of forty hours

The FLSA establishes what conduct is acceptable in the workplace. Regardless of the time or location, you are required by federal law to be compensated for the labor you perform. That is also the reason, though, that your commuting expenses are not reimbursed.

Explore the sections below to learn more about the Fair Labour Standards Act (FLSA), including minimum wage requirements, particular guidelines for tipping employees such as waitstaff, the distinction between non-exempt and exempt employees, and child labour regulations.

FLSA Overtime: For hours worked beyond forty in a weekly (or any set and regularly recurring period of 168 hours, or seven consecutive 24-hour periods), covered non-exempt employees are required to earn overtime pay at a rate not less than 1.5 times their regular rate of pay. Employees who are 16 years of age or older are not limited in the amount of hours they can work in a workweek. Unless overtime is worked on such days, the FLSA does not mandate overtime pay for work done on weekends, holidays, or usual days off.

The minimum wage in Nebraska:-

The current minimum wage in Nebraska is $9 per hour.

This sum is more than the federal minimum wage, which is currently $7.25.

Employers with fewer than four employees are exempt from Nebraska’s state minimum wage legislation since such workers are protected by federal law.

Nebraska’s minimum wage is tipped.

According to federal law, workers who consistently get tips at their place of employment totaling more than $30 per month are referred to as “tipped employees.”

Employers are permitted to tip this group of workers $2.13 minimum wage.

However, the employer is required to make up any shortfall between the employee’s direct pay and tips, if it is less than the federal minimum wage of $7.25.

Nebraska’s minimum wage exceptions:-

In general, minimum wage laws do not apply to any Nebraskan employer who employs fewer than four people.

Some of the following jobs are also exempt from minimum wage regulations for firms with four or more employees:

  • Agricultural laborers
  • babysitters who work in private residences
  • Professional, executive, and administrative staff
  • Superintendents and supervisors
  • Apprentices: Young people who work for their parents

For whom is the FLSA exempt?

It is crucial to understand that certain workers are not subject to the minimum wage, overtime compensation, or both. Employers need to confirm the particular requirements for every exemption under the Fair Labor Standards Act (FLSA) of the United States Department of Labor.

The following situations qualify as exemptions from the FLSA regulations for employees:

  • Not having to pay overtime
  •  Employees that either directly sell their items or make sales related to them. For instance, those in retail and service, as well as those who repair cars and trucks.
  • Transportation workers: taxi drivers, air vehicle and rail workers, American vessel sea workers and local delivery boys paid by trip rates.
  • The chief engineers, news editors, and broadcasters of a small broadcasting station

Which pay is the FLSA minimum?

The minimum salary for all FLSA non-exempt workers is $684 per week, or $35,568 yearly. In 2021, this minimal salary criterion won’t change.

Certain states have various minimum salary criteria for employees who are exempt. The minimal need in New York is $1125 per week, or $58,500 yearly. On January 1, 2021, some New York counties, including Nassau, Westchester, and Suffolk, raised the minimum threshold to $1050 per week and &54,600 per year.

Incorrect classification of independent contractors or exempt workers may result in violations of the minimum wage or overtime compensation laws.

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