The Nebraska Employment Law Guide

Employers may choose how often they pay their employees. However, the employer must set regular paydays and provide 30 days’ advance notice before changing their paydays. Except for exempt employees, employers must provide the following information with an employee’s wages: The employer’s name; Hours worked; Gross wages; Itemized deductions.

Employers who run background checks should ensure they’re following the requirements of the Fair Credit Reporting Act, which are available here.

Employers must conduct background checks on the following types of employees or applicants: Unlicensed direct care staff of an assisted living facility; Unlicensed direct care staff of an adult day service; Childcare center personnel, including residents of an in-home center and volunteers; Childcare agency personnel, including volunteers, who have contact with children; Foster or adoptive families.

Employers that have six or more employees must comply with the following requirements if they want to discipline an employee because they failed a drug or alcohol test:

Confirm a positive drug test with a second test using gas chromatography-mass spectrometry or another testing method that has been approved by the Department of Health and Human Services.

Confirm a positive alcohol test with a second test using gas chromatography with a flame ionization detector, a breath test, or another testing method that has been approved by the Department of Health and Human Services.

Use a certified clinic or laboratory for testing (except for a breath test).

Keep all testing samples (other than for breath tests) refrigerated for possible retesting for at least 180 days.

Keep a record of the chain of custody of all testing samples (other than for breath tests) until the sample is no longer needed.

Keep the results of all tests confidential, except for the employee, other employees with a job-related need to know, or as otherwise required by law.

Employers that have at least 15 employees may not discharge or discriminate against an employee for opposing or refusing to participate in a violation of state or federal law.

COBRA is a federal law that allows many employees to continue their health insurance benefits after their employment ends. Because federal COBRA only applies to employers that have 20 or more employees, many states have adopted their own versions of the law, which are known as “mini-COBRAs.” Nebraska’s mini-COBRA allows employees to continue their coverage for up to 6 months. Employers must send an employee a notice of their COBRA rights by certified mail, return receipt requested, within 10 days of the employee’s last day of work.

The notice must contain all of the following information: The right to elect to continue coverage; The election form; The manner, time, and to whom the election form must be completed and returned; The amount of each monthly premium; The manner, time and to whom the premium must be paid.

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