Nebraska Overtime Law — FLSA calculator

Frequently Asked Questions

• Does Nebraska have its own overtime law?

  No. Nebraska does not have a state overtime statute. Overtime in Nebraska is governed entirely by the federal Fair Labor Standards Act (FLSA, 29 USC §207), which requires employers to pay non-exempt employees at least 1.5 times their regular rate for all hours worked over 40 in a single workweek. Nebraska's Department of Labor refers workers to the U.S. Department of Labor for overtime questions.

• Is there daily overtime in Nebraska?

  No. Nebraska has no daily overtime rule. Only the FLSA's 40-hour weekly threshold applies. An employee can work 10 hours on one day and not earn overtime unless total hours for the week exceed 40.

• What is the overtime rate in Nebraska in 2026?

  The overtime rate is 1.5 times (time-and-a-half) the employee's regular rate of pay for all hours worked over 40 in a workweek, per FLSA. Nebraska has no double-time requirement at any threshold.

• What is the minimum overtime hourly rate in Nebraska for 2026?

  Since Nebraska's minimum wage is $15.00/hr as of January 1, 2026, the minimum overtime rate for any non-exempt employee paid at the state minimum wage is $22.50/hr (1.5 × $15.00).

• Which employees are exempt from overtime in Nebraska?

  FLSA exemptions apply in Nebraska. Common exempt categories include executive, administrative, and professional employees earning at least $684 per week (the current federal salary threshold), outside sales employees, and certain computer professionals. Nebraska does not add or modify any FLSA exemptions.

• Can a Nebraska employer agree to pay daily overtime?

  Yes. Under the Nebraska Wage Payment and Collection Act, overtime terms that were previously agreed upon by the employer and employee can be claimed and enforced. However, absent such an agreement, the only enforceable overtime obligation is the FLSA's 40-hour weekly threshold.

• How do I file an overtime complaint in Nebraska?

  For FLSA overtime violations, contact the U.S. Department of Labor Wage and Hour Division. For wage claims based on a prior employer-employee overtime agreement, file a complaint with the Nebraska Department of Labor at dol.nebraska.gov or call 402-471-2239.

• Does Nebraska's minimum wage affect overtime calculations?

  Yes. Nebraska's $15.00/hr minimum wage (2026) raises the overtime floor. An employee paid exactly the state minimum earns at least $22.50/hr for overtime — well above the $10.88/hr floor that would apply under the federal $7.25 minimum alone.

• Do Nebraska employers have to pay overtime for salaried employees?

  Salaried employees who qualify as exempt under FLSA (executive, administrative, or professional roles earning at least $684/week) are not entitled to overtime pay. Salaried employees who do not meet the FLSA exemption criteria are entitled to overtime under the same 40-hour weekly rule.

• What is the FLSA overtime threshold for 2026?

  The FLSA weekly overtime threshold remains at 40 hours per workweek. Employees are owed 1.5× their regular rate for every hour worked beyond 40. Nebraska applies this federal standard without modification.