Nebraska Minimum Wage: Rate, Tipped Wage, and Local Rules

As of 2026, Nebraska's minimum wage is $15.00 per hour for most employees, well above the federal floor of $7.25 set by the Fair Labor Standards Act (FLSA). That figure is the final step of a series of voter-approved increases under Initiative 433, which Nebraska voters passed in November 2022. The measure raised the wage in annual steps - $10.50 in 2023, $12.00 in 2024, $13.50 in 2025, and $15.00 effective January 1, 2026. Beginning January 1, 2027, Nebraska's minimum wage is scheduled to increase each year based on the cost of living, so the rate will no longer be a fixed number. For tipped workers, Nebraska allows a much lower cash wage of $2.13 per hour, with tips expected to bring the worker up to the full minimum.

Nebraska's Minimum Wage vs. the Federal $7.25

The FLSA establishes a national minimum wage of $7.25 per hour, a figure that has not changed since 2009. States are free to set a higher minimum, and Nebraska has done exactly that. Because Nebraska's $15.00 rate exceeds the federal baseline, the higher state rate is what nearly all Nebraska employers must pay. When a state and federal wage law both apply, the law more generous to the worker controls, so Nebraska employees are entitled to the state rate.

Nebraska's minimum wage is set in state statute (Neb. Rev. Stat. 48-1203) as amended by Initiative 433. The jump from $9.00 (the rate before 2023) to $15.00 over just three years represented one of the larger wage increases adopted by any state during that period. The 2027 cost-of-living adjustments will be calculated by reference to the Consumer Price Index, meaning the rate should rise modestly each year to keep pace with inflation rather than staying frozen for long stretches the way the federal wage has.

Who Is Covered - and the Small-Employer Exception

Nebraska's minimum wage law applies to employers with four or more employees at any one time. Businesses with fewer than four employees are not covered by the state minimum wage statute. That said, many small employers are still subject to the federal FLSA minimum of $7.25 if they engage in interstate commerce or meet the FLSA's enterprise-coverage tests, so very few workers fall outside both laws entirely.

The law also contains a training-wage provision. Nebraska permits employers to pay a reduced wage to certain new, young employees for a limited initial period - historically set at 75% of the applicable minimum wage for employees younger than 20 during their first 90 days of employment. Because the precise terms and percentages can be affected by amendments, confirm the current training-wage rule and the exact dollar figure with the Nebraska Department of Labor before relying on it.

Tipped Workers and the Tip Credit

Nebraska allows employers of tipped workers to pay a cash wage as low as $2.13 per hour - the same cash wage used under federal law. The difference between that cash wage and the full $15.00 minimum is made up through a "tip credit." In practice, this means a server, bartender, or other tipped employee must actually receive enough in tips so that their cash wage plus tips averages at least the full Nebraska minimum wage for each pay period.

If a tipped employee's tips plus the $2.13 cash wage do not reach $15.00 per hour, the employer is legally required to make up the shortfall. The tip credit is the gap the employer is allowed to claim - currently the difference between $2.13 and $15.00 - but only if the worker's actual tips cover it. A tipped employee who is told to share tips improperly, who is not paid the make-up amount in a slow week, or whose employer keeps any portion of the tips may have a wage claim. Tips are the property of the employee, not the employer.

Overtime in Nebraska

Nebraska does not have its own overtime statute, so overtime for Nebraska workers is governed by the federal FLSA. Under the FLSA, non-exempt employees must be paid one and one-half times their regular rate of pay for hours worked over 40 in a single workweek. Nebraska does not require daily overtime (there is no "over 8 hours in a day" rule), and it does not mandate premium pay for weekends or holidays. For tipped employees, overtime is calculated on the full minimum wage, not on the $2.13 cash wage, which is a point employers sometimes get wrong.

Local Minimum Wages: Why Nebraska Cities Cannot Set Their Own

Unlike states such as California or Washington, Nebraska does not have a patchwork of city or county minimum wages. In 2016, the Nebraska Legislature passed a preemption law (LB 1264) that bars cities, villages, and counties from establishing a local minimum wage higher than the state rate. As a result, the statewide $15.00 figure applies uniformly across Omaha, Lincoln, and every other community in Nebraska. Workers do not need to check a separate local ordinance the way they would in many other states - the state rate is the rate everywhere in Nebraska.

This is a meaningful difference from neighboring policy debates: even though Omaha and Lincoln are large metro areas, neither can adopt its own minimum wage above the state level. The 2022 statewide ballot initiative was, in effect, the mechanism Nebraskans used to raise pay across the whole state at once.

How to Enforce Your Right to the Minimum Wage

If you believe you are being paid less than Nebraska's minimum wage, less than the required make-up amount as a tipped worker, or are not receiving proper overtime, you generally have several options:

  • Raise it with your employer first. Some violations are payroll errors that get corrected once flagged in writing. Keep copies of pay stubs and your own record of hours and tips.
  • File a wage claim with the state. The Nebraska Department of Labor handles wage-and-hour questions and can direct you to the right process. The Nebraska Wage Payment and Collection Act also gives employees a path to recover unpaid wages, and a prevailing employee may be entitled to additional amounts and attorney's fees in some cases.
  • File with the U.S. Department of Labor. The federal Wage and Hour Division enforces the FLSA, including the $7.25 federal floor and federal overtime, and can be an option when federal coverage applies.
  • Consult an employment attorney. For larger or disputed claims, especially involving overtime misclassification or retaliation for complaining, a Nebraska employment lawyer can advise on deadlines and remedies.

It is illegal for an employer to fire, demote, or otherwise retaliate against you for asserting your right to be paid the minimum wage or for filing a wage complaint.

Where to Confirm the Current Rate

Because Nebraska's minimum wage begins adjusting annually for inflation in 2027, the exact dollar figure will change from year to year. Always confirm the current rate before relying on it. The authoritative source is the Nebraska Department of Labor (NDOL), which publishes the official state minimum wage and tipped-wage figures and required workplace posters. The U.S. Department of Labor's Wage and Hour Division publishes the federal $7.25 figure for comparison. When in doubt, the official NDOL posting controls over any third-party chart, and the cash wage and tip-credit math should always be verified against the current statewide minimum.

This page is based on Nebraska employment law. Rules and figures change — verify the current details directly with the official Nebraska sources below. This is general legal information, not legal advice.

Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Nebraska state law.

Frequently asked questions

What is Nebraska's minimum wage in 2026?

As of 2026, Nebraska's minimum wage is $15.00 per hour, the final step of voter-approved Initiative 433. Starting January 1, 2027, the rate adjusts annually for the cost of living, so confirm the current figure with the Nebraska Department of Labor.

How much can tipped employees be paid in Nebraska?

Nebraska employers may pay tipped workers a cash wage as low as $2.13 per hour, but tips plus that cash wage must average at least the full $15.00 minimum. If tips fall short, the employer must make up the difference.

Do Omaha or Lincoln have their own minimum wage?

No. A 2016 Nebraska preemption law (LB 1264) prohibits cities and counties from setting a local minimum wage above the state level, so the statewide rate applies uniformly across Omaha, Lincoln, and the rest of Nebraska.

Are small employers exempt from Nebraska's minimum wage?

Nebraska's minimum wage law applies to employers with four or more employees. Businesses with fewer than four employees are not covered by the state statute, though many remain subject to the federal $7.25 FLSA minimum if they meet federal coverage tests.

Does Nebraska have its own overtime law?

No. Nebraska has no separate overtime statute, so federal FLSA rules apply: non-exempt employees earn 1.5 times their regular rate for hours over 40 in a workweek. There is no daily overtime or mandatory weekend/holiday premium.

This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.

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