Overtime and Wage Laws Attorney in Omaha, Nebraska
Overtime law is a set of regulations that govern how employees should be compensated for working more than a certain number of hours in a given work week. These laws aim to protect workers from being overworked and underpaid, while also ensuring that employers have the flexibility to have their employees work extra hours when necessary.
In the United States, the Fair Labor Standards Act (FLSA) is the primary law that governs overtime pay. Under the FLSA, employees are entitled to receive time-and-a-half their regular rate of pay for any hours worked over 40 hours in a work week. This means that if an employee normally makes $20 per hour, they would be entitled to receive $30 per hour for any overtime hours they work.
However, not all employees are covered by the FLSA. The law only applies to employees who are considered "non-exempt" under the FLSA, which typically includes hourly workers and some salaried workers who perform certain types of jobs. Exempt employees, on the other hand, are not entitled to overtime pay under the FLSA. This includes executive, administrative, and professional workers, as well as some sales and computer employees.
In addition to the FLSA, many states also have their own overtime laws that may provide additional protections for workers. For example, some states have laws that require employers to pay overtime to workers who work more than a certain number of hours in a day, rather than just in a work week. In California, for example, workers are entitled to overtime pay if they work more than 8 hours in a day or 40 hours in a week.
It's important to note that not all overtime is the same. The FLSA and many state laws only require employers to pay overtime for hours worked over a certain threshold. This means that if an employee works 50 hours in a week, they would only be entitled to receive overtime pay for the 10 hours they worked over the 40-hour threshold.
There are some exceptions to the overtime pay rules under the FLSA and state laws. For example, some workers may be exempt from overtime pay if they are working in a job that is considered to be "hazardous" or if they are working in a job that is considered to be "public interest" work. Additionally, some workers may be exempt from overtime pay if they are working in a job that is considered to be "seasonal" or if they are working in a job that is considered to be "temporary."
Overall, overtime law is an important aspect of labor law that helps to ensure that workers are fairly compensated for the extra hours they work. By requiring employers to pay time-and-a-half for overtime hours, these laws help to prevent workers from being overworked and underpaid. At the same time, they also provide employers with the flexibility to have their employees work extra hours when necessary, which can be important for businesses that need to meet deadlines or respond to increased demand.
Nebraska Wage Payment and Collection Act
The Nebraska Wage Payment and Collection Act is a state law that regulates how employers must pay their employees and how employees can collect unpaid wages. This law applies to all employers in the state of Nebraska, regardless of the size of the company or the number of employees.
Under the Nebraska Wage Payment and Collection Act, employers are required to pay their employees at least twice per month, on regular paydays that are established in advance. These paydays must be at least semi-monthly, meaning that they must occur at least twice per month. Employers are also required to provide employees with a written statement showing the total amount of hours worked, the rate of pay, and the amount of any deductions from the employee's pay.
The Nebraska Wage Payment and Collection Act also sets forth the minimum wage that employers must pay their employees. The current minimum wage in Nebraska is $9 per hour for most employees, although there are some exceptions for certain types of workers, such as those who receive tips. Employers are also required to pay their employees overtime pay at a rate of one and a half times the employee's regular rate of pay for any hours worked in excess of 40 hours per week.
In addition to the requirements for regular and overtime pay, the Nebraska Wage Payment and Collection Act also has provisions that regulate other aspects of the employer-employee relationship. For example, the law requires employers to provide their employees with a safe and healthy work environment, and it prohibits employers from discriminating against employees on the basis of their race, sex, religion, national origin, or other protected characteristics.
If an employer fails to comply with the requirements of the Nebraska Wage Payment and Collection Act, employees can file a claim with the Nebraska Department of Labor to seek unpaid wages. The Department of Labor will investigate the claim and, if it finds that the employer has violated the law, it can order the employer to pay the unpaid wages. The Department of Labor can also impose penalties on the employer for failing to comply with the law.
In addition to the remedies provided by the Nebraska Department of Labor, employees can also file a lawsuit in court to seek unpaid wages. If an employee is successful in court, the court can order the employer to pay the unpaid wages, as well as additional damages and attorneys' fees.
Overall, the Nebraska Wage Payment and Collection Act is an important law that protects the rights of employees and ensures that they are paid fairly for their work. It is essential for employers to understand and comply with this law, and for employees to be aware of their rights under the law.