Nebraska Lunch Break Overview
The state of Nebraska is one of a minority of states in the nation that does not have any laws requiring any type of mandated lunch break. As such, neither Nebraska employers nor employees are governed by any federal Fair Labor Standards Act (FLSA) regulations, although there are a few "mechanical" breaks that are regulated. The FLSA establishes only a broad ranging distinction between bona fide meal periods and coffee breaks, with the state being exempt from these.
The only time any employer must provide any employees with lunch is when there are concerns of their safety due to specific labor or industry requirements. The only requirement is 292 NAC 4-001.02B.1, which states that a "heath care entity licensed by the state of Nebraska that directly employs any person employed in health care service must provide two (2) coffee breaks of not less than fifteen (15) minutes and a lunch of not less than thirty (30) minutes between the end of the sixth hour of work and the end of the eighth hour of work."
Nebraska Revised Statute 48-302 provides the only guidance as to the only instances when breaks need to be given based on job categories. In short, employers do not have any obligation to provide mandatory break time to employees unless they fall under one of the below categories.
That said , Nebraska does require all employers to provide their employees with access to rest and eating areas to allow for the convenience of the employees. Specifically, 425 NAC 9-001.05 sets forth:
It is also the responsibility of the employment agency, landlord, or property owner of the real estate to provide access to running water or cleaning supplies in order to comply with this regulation, in addition to the doors now required to separate smoking and non-smoking areas.
There are actually some employers that are not covered by other federal regulations yet are still obligated to provide breaks to provide a place for their employees to eat. These include those in, or directly "related to or incidental to a business activity on the premises," as those are defined.
In essence, the only time that Nebraska requires any types of breaks at all for lunch, other than the rare exceptions on a Federal level, is when the very specific healthcare facility mentioned above is involved. There are no statewide regulations governing when and how long breaks must be and the amount of employees allowed to partake of breaks and lunches, nor do any employers need to provide any type of break for lunch.
Exceptions and Special Cases
Exceptions and special cases to Nebraska lunch breaks laws and regulations
As with most laws, there are exceptions to Nebraska law for specific industries or job roles. For example, the law regarding lunch breaks does not apply to:
• Employees probably exempt from overtime law (so-called "white collar" job duties) such as executive, professional, or outside sales employees (see prior discussion of overtime laws here)
• Employees who have a "customary and reasonable agreement" with their employer
• Employees whose duties inherently involve a meal period, such as waiters or bartenders
• Those subject to a collective bargaining agreement
• Those for whom the prevailing wage is provided for by state law
• Those who are participating in hospital or institutional training programs.
Certain other special cases or exceptions may apply as well, such as for hospitals, nursing homes and dental offices.
Worker Lunch Break Rights
Employees have several rights when it comes to lunch breaks. First and foremost is the all-important right to a break in the day. Nebraska law does not allow an employer to require employees to work through lunch. However, employers can change the rules about breaks at-will, meaning the employer can change how much time an employee gets for lunch as long as it’s with advance notice.
The second employee right surrounds when a lunch break is interrupted. If an employee’s lunch hour is regularly interrupted, then state and federal law requires the employer to pay those employees for the time. So if an employee goes out to their car to eat, but has to come inside to fix a problem, federal law may require the employer to compensate the employee for his or her time. However, the employer should generally agree to pay for lunch breaks, and most set their policy accordingly.
Another employee protection during a break comes into play when an employee reports a violation to law enforcement officials. Instead of being punished, the employee should be applauded for being diligent in their duty and preventing the employer from breaking the law. Unfortunately, we regularly see employers retaliate against employees who report these violations. Nebraska retaliation laws are strong, and employees usually get two years to file the complaint. The right amount of time can be determined by an attorney who looks at the specific details of your case.
Employer Duties and Obligations
Compliance with lunch break laws is a fundamental responsibility for Nebraska employers. Not only is it a legal requirement, but it also influences the overall workplace culture and employee satisfaction. The first step to ensuring compliance is having comprehensive, written policies regarding lunch and meal breaks. These policies should be distributed to all employees and supervisors, ensuring that everyone in the organization is well-informed of their rights and responsibilities.
In addition to having clear policies and procedures, maintaining accurate records of when breaks are taken is crucial. Not only does this help employers keep track of their compliance with state laws, but it also provides important documentation in case a claim is presented by an employee. Amount of time employees work each day must be accurately recorded, as well, to accurately calculate overtime. Thus, in addition to break-time records, accurate attendance records should also be maintained. Other records that should be kept are I-9s, timesheets, meal and lunch break records, and discipline records for missing work, including breaks.
To maintain accurate timekeeping records, businesses may contract third-party vendors to provide equipment and technological support. For example , there are many online tools for tracking hours that can simplify the process for employers and reduce the costs of payroll and recordkeeping. Another option is to implement biometric systems, such as fingerprint scanners, concerning the ability to legally check employee breaks and record their working hours. In addition to providing flexibility and convenience for employers, these systems also improve accuracy.
Ongoing review of policies and procedures as well as recordkeeping software are essential for staying current on new legal requirements and technology. For example, the Sioux City Journal outlined how companies like ClockShark are changing the system for tracking employee hours. The article noted that "pseudonym systems, as opposed to traditional biometric systems, don’t require fingerprints, and instead, the software requires that you map your white and black patterns on your thumb," as explained by the CEO of ClockShark. This shows that biometric recordkeeping is closely related to modern technology.
In summary, accurate and diligent recordkeeping should be part of regular policies and procedures. Employers could consider implementing technology that will make compliance more efficient and costly. That said, employers should educate themselves on these new technologies to make sure that they’re not violating any discrimination laws and what their employees’ rights are pursuant to the law.
Lunch Break Rules Compared to Other States
Nebraska’s lunch break laws are reasonably comparable to a number of other states, such as Iowa, where specific regulations are similarly vague, leaving it up to the employer and employee to negotiate the terms. In contrast, there are other states such as Michigan, where the law is quite clear: if an employee works at least 5 hours, they are entitled to an unpaid meal period of at least 30 minutes. California provides further clarification, stipulating that lunch periods may not be shorter than 30 minutes.
Alaska and Illinois provide insight on what happens when either state fails to meet labor eligibility requirements. Alaska states that if an employer fails to provide a meal break, an employer must provide that full-time employee with 1 extra hour of pay. Illinois does the same, adding that the employee may only claim one hour of additional pay, regardless of how many breaks are missed or whether or not any time was provided.
New Hampshire goes a little further in comparison to Nebraska, by mandating that employees who work more than 5 consecutive hours, must be provided with a meal period of 30 minutes. Tennessee joins Nebraska in the vague realm of lunch breaks, but similar to New Hampshire, the law states there must be a paid break every four hours, which implies that employees working at least four hours are entitled to a break of some sort.
As other states adopt meal break laws like Nebraska, Nebraska will likely look to its nearby states and trending laws nationally for guidance on what such laws should consist of, if any at all.
Nebraska Lunch Break FAQs
Q: Is lunch break mandatory for hourly employees?
A: No. Nebraska does not mandate lunch or breaks for hourly employees. However, Nebraska law does require most employers to provide a 30-minute meal period to employees on shifts of more than 8 hours, unless the employee is authorized, chosen, and permitted to work through this meal period in writing.
Q: Does lunch break time need to be paid time?
A: No, but it can be. Unless an employee is provided less than 20 minutes for meals, the time is generally not compensable as overtime. In some instances, however, an employee may not be relieved from duty and must eat while working. In such instances, the employee should be paid for the time, particularly if the employer did not specifically instruct the employee to work through the meal period.
Q: How are meal times recorded and enforced?
A: Employers can use any reasonable system for recording employee meal times. Employers may do so by having employees clock in and out during meal breaks or by maintaining a system of trust. Employees simply record a miss during meal time on a check box , list, or spreadsheet. Many employers, however, provide express instructions to employees to clock out for a lunch break. Such policies may be in writing and/or oral. In these circumstances, employers will be held to the express written or oral statements to employees regarding their break time. The written or oral instructions will govern employees’ entitlement to meal break compensation.
Q: When are meal periods paid time?
A: Generally, lunch periods will be unpaid if the employee is relieved of all duties. In such case employees will not be compensated for taking a meal break. An employee will be entitled to payment for the meal period, however, when: If employees are required to remain at work during a meal period but are not working, then the period is compensable time. Time spent resting, eating, etc. is not time engaged in the performance of work if they are relieved of all duties.