Fair Pay: Nebraska

Fair Pay requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Brightmine Editorial Team

Summary

    • The Nebraska Equal Pay Act and the Nebraska Fair Employment Practice Act prohibit pay discrimination on the basis of a number of protected characteristics. See Equal Pay Laws.
    • Nebraska does not have a law that requires private employers to submit data regarding the compensation and demographics of their workforce to a state government agency. See Pay Data Reporting.
    • Nebraska does not have a pay transparency law that requires employees to disclose pay ranges to applicants and employees. See Pay Transparency.
    • Nebraska does not restrict an employer from inquiring into or relying upon an applicant's salary history. See Salary History Inquiries.
    • Nebraska law protects the right of an employee to discuss or disclose their own wages. See Employee Wage Disclosure Rights.

Equal Pay Laws

The Nebraska Equal Pay Act (NEPA) prohibits sex-based pay discrimination between employees in the same establishment performing equal work on jobs requiring equal skill, effort and responsibility and performed under similar working conditions. +Neb. Rev. Stat. Ann § 48-1221.

The Nebraska Fair Employment Practice Act (NFEPA) prohibits discrimination, including in compensation, on the basis of a number of additional protected characteristics.

Applicability

The NEPA applies to any employer that employs two or more employees for each working day in 20 or more weeks in the current or preceding calendar year, except for:

  • The United States or a corporation wholly owned by the US government; and
  • Indian tribes.

+Neb. Rev. Stat. Ann § 48-1220.

The NFEPA applies to employers with 15 or more employees, except for:

  • The United States or a corporation wholly owned by the government of the United States;
  • Indian tribes;
  • Certain tax-exempt membership clubs;
  • Religious organizations with respect to the employment of individuals of a particular religion;
  • Individuals employed by their parent, grandparent, spouse, child or grandchild; and
  • Individuals employed in the domestic service of any other person.

+Neb. Rev. Stat. Ann § 48-1102.

Protected Characteristics

The equal pay law prohibits sex-based pay discrimination. +Neb. Rev. Stat. Ann § 48-1221.

The NFEPAA prohibits pay discrimination on the basis of:

  • Race (including hair texture and protective hairstyles);
  • Color;
  • National origin;
  • Religion;
  • Sex (including pregnancy);
  • Disability; and
  • Marital status.

+Neb. Rev. Stat. Ann § 48-1104.

Permissible Sources of Pay Differentials

Under the NEPA, a sex-based pay differential between employees in the same establishment performing equal work may justified if based on:

  • An established seniority system;
  • A merit increase system;
  • A system that measures earnings by quantity or quality of production; or
  • Any factor other than sex.

+Neb. Rev. Stat. Ann § 48-1221(1).

An employer may not reduce the wages of any employee to eliminate an unlawful pay differential. +Neb. Rev. Stat. Ann § 48-1221(2).

Under the NFEPA, as long as intentional discrimination is not involved, an employer may apply different standards of compensation as follows:

  • Under a bona fide seniority or merit system;
  • Under a system that measures earning by quantity or quality of production;
  • To employees who work in different locations;
  • Based on the results of a professionally developed ability test, as long as the test is not designed, intended or used to discriminate on the basis of a protected characteristic.

+Neb. Rev. Stat. Ann § 48-1111.

Recordkeeping

Employers covered by the NEPA are required to keep records of their employees' wages and wage rates, job classifications and other terms and conditions of employment. +Neb. Rev. Stat. Ann. § 48-1111.

The NFEPA does not specifically address recordkeeping.

Enforcement and Remedies

The Nebraska Equal Opportunity Commission (NEOC) enforces the NEPA and has the power to conduct inspections, examine witnesses, and require the production of evidence and documents. The NEOC may also bring legal action on an employee's behalf. +R.R.S. Neb. § 48-1222.

Employees also have a private right of action under the NEPA and are not required to file a complaint with the NEOC before bringing a lawsuit, although they can choose to do so. Claims must be brought within four years after an alleged violation. An employee who succeeds in a claim under the NEPA may recover damages in the amount of unpaid wages, in addition to attorney fees and costs. A court may also award an additional amount equal to the amount of unpaid wages as liquidated damages in cases of willful violations. + R.R.S. Neb. § 48-1223; +R.R.S. Neb. § 48-1224.

The NEPA also carries criminal penalties. Failing to keep required records under the NEPA, failing to provide records to the NEOC upon request, falsifying records, interfering with the NEOC in the performance of its duties, or refusing official entry to the NEOC for an authorized inspection will constitute a Class V misdemeanor. Other violations of the NEPA will constitute a Class III misdemeanor. +R.R.S. Neb. § 48-1227.

See Discrimination: Nebraska for information about enforcement and remedies under the MHRA.

Retaliation Protections

An employer is prohibited from discharging, discriminating or retaliating against any employee for taking any action to exercise their rights under or assist in the enforcement of the NEPA. + R.R.S. Neb. § 48-1221.

The Nebraska Equal Opportunity Commission enforces the anti-retaliation provisions of the NEPA through the same administrative mechanism set out for employee discrimination claims. An employee may, but is not required, to exhaust his or her administrative remedies prior to filing suit on a claim under the NEPA. If the employee chooses to do so, he or she must file a charge with the NEOC within four years of the alleged violation.

See Retaliation: Nebraska for information about retaliation protections under the NFEPA.

Notice and Posting Requirements

Employers covered by the NEPA and/or the NFEPA must post a notice in a conspicuous place in the workplace.

Pay Data Reporting

Nebraska does not currently have a law that requires private employers to submit data regarding the compensation and demographics of their workforce to a state government agency.

Pay Transparency

Nebraska does not currently have a pay transparency law that requires employers to disclose the pay range for a position to applicants or employees.

Salary History Inquiries

Nebraska does not restrict an employer from inquiring into or relying upon an applicant's salary history.

Employee Wage Disclosure Rights

Nebraska law protects employees' rights to discuss, disclose and inquire about their wages and the wages of other employees. Specifically, an employer may not discriminate or retaliate against an employee for inquiring about, disclosing or discussing information related to wages, benefits or other compensation.

This prohibition does not apply to instances in which an employee who has authorized access to the information regarding wages, benefits or other compensation of other employees as a part of the employee's job functions discloses the information to a person who does not otherwise have authorized access to such information, unless the disclosure is:

  • In response to a charge or complaint; or
  • In furtherance of an investigation, proceeding, hearing or other action, including an investigation conducted by the employer.

The law does not:

  • Create an obligation for any employer or employee to disclose information regarding employee wages, benefits or other compensation;
  • Permit an employee, without the written consent of the employer, to disclose proprietary information, trade secret information or information that is otherwise subject to a legal privilege or protected by law;
  • Permit an employee to disclose information regarding wages, benefits or other compensation of other employees to a competitor of the employer;
  • Permit an employee to discuss information regarding employee wages, benefits or other compensation during working hours, as defined in existing workplace policies, or in violation of specific contractual obligations; or
  • Permit an employee to disseminate information regarding employee wages, benefits or other compensation to the general public.

Proprietary information for the purposes of the wage disclosure protections does not include information regarding employee wages, benefits or other compensation.

+Neb. Rev. Stat. Ann § 48-1114.

Future Developments

There are no developments to report at this time. Continue to check HR & Compliance Center regularly for the latest information on this and other topics.