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Nebraska Vacations: What you need to know

Although no Nebraska law requires private sector employers to provide employees with vacations, paid or unpaid, most employers do offer their employees some form of vacation. Thus, it is important for employers to remember that if they “promise” vacation, they may be legally bound to provide it—and that a binding promise does not require embodiment in a formal employment contract.
Nebraska courts have ruled that under some circumstances, an employer's assurance of paid vacation time, whether made in an employee handbook, given orally, or simply understood as a matter of consistent practice, may constitute an implied contract, which is binding and enforceable.
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Nebraska's statutory definition of wages is compensation for labor or services rendered by an employee, including fringe benefits, when previously agreed to and conditions stipulated have been met by the employee, whether the amount is determined on a time, task, fee, commission, or other basis. Nebraska's statutory definition of fringe benefits includes vacation leave plans (NE Rev. Stat. Sec. 48-1229).
Under the Nebraska Wage Payment and Collection Act, an employer must pay earned but unused vacation leave to an employee upon separation of employment. The Nebraska Supreme Court has ruled that promised vacation is a fringe benefit and that when an employee leaves a job, accrued but unused vacation time must be compensated (Suess v. Lee Sapp Leasing, 229 Neb. 755, 761 (1988)).
No laws prohibit such policies, and “use it or lose it” policies are generally deemed to be merely a cap on the amount of benefit that may ...

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Nebraska Vacations Resources

TypeTitle
Forms Request for Days Off
Policies Vacation
White Papers Time off May Be the Biggest Benefit

Vacations Products

Solving PTO Problems Webinar Recording
Solving PTO Problems: How to Reduce Unscheduled Absences Without Alienating Employees or Violating the Law"
Perfecting Your PTO Policy Recording
BLR Webinar: "Perfecting Your PTO Policy: How to Curb Abuse, Cut Absenteeism, and Comply with the Law""
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We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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