Employer of Record · Nebraska

Employer of Record in Nebraska.
Minimum Wage Rising. Income Tax Falling.

Nebraska has two compensation-relevant rates moving in opposite directions, and both change on January 1. Minimum wage reached $15.00 on January 1, 2026 under a 2022 ballot measure, and now rises a fixed 1.75% each year under LB 258. State income tax rates are falling from 6.84% to 3.99% under LB 754, reaching 4.55% in 2026 and 3.99% in 2027. Omaha is a significant financial services and technology market, and Lincoln's growing innovation ecosystem is attracting employers from across the Midwest. WorkGenius becomes your legal employer and manages every Nebraska obligation from day one.

Facts reviewed against primary sources in September 2026

$15.00/hr
Minimum wage (2026)
4.55% → 3.99%
Top income tax rate (2026 → 2027)
15+ employees
NFEPA anti-discrimination threshold

Nebraska by the Numbers

Key Nebraska employment law figures: requirement, current value, and detail.
Requirement Nebraska Detail
Minimum wage $15.00/hr Effective January 1, 2026, the final step of the 2022 Initiative 433 schedule. From 2027 the rate rises a fixed 1.75% each year under LB 258, published by NDOL each October 15
State income tax Up to 4.55% (2026) LB 754 (2023) steps the top rate down 5.84% in 2024, 5.20% in 2025, 4.55% in 2026 and 3.99% from 2027. The 2026 brackets are 2.46%, 3.51% and 4.55%
Workers' compensation Required (1+ employee) Nebraska requires workers' comp for all employers with at least one employee
Final paycheck Next payday or 2 weeks Due on the next regular payday or within two weeks of the termination date, whichever comes first (Neb. Rev. Stat. 48-1230)
NFEPA threshold 15+ employees Nebraska Fair Employment Practice Act covers employers with 15 or more employees
Paid leave mandate 40-56 hrs/year Nebraska Healthy Families and Workplaces Act, effective October 1, 2025: employers with 11+ employees accrue 1 hour per 30 hours worked, capped at 40 hours (11-19 employees) or 56 hours (20+). No state paid family leave
The Defining Law

Nebraska's Dual Trajectory: Rising Minimum Wage and Falling Income Tax Through 2026

Nebraska is running two major legislative wage trajectories simultaneously each January, and both require payroll updates on January 1 each year. In November 2022, Nebraska voters approved Initiative 433, a phased minimum wage increase that reached $15.00/hr on January 1, 2026, after which LB 258 replaced CPI indexation with a fixed 1.75% annual rise. Separately, in May 2023, the Nebraska Legislature enacted LB 754, which phases down the top individual income tax rate from 6.84% to 3.99% over the same period: 5.84% in 2024, 5.20% in 2025, and 3.99% in 2026. For employers, this means both the minimum wage floor and the withholding brackets require annual recalibration. Missing the minimum wage update creates wage violation exposure. Missing the withholding update means employees are over-withheld. WorkGenius applies both rate schedules automatically on each January 1 effective date.

Get Nebraska-Compliant Today
Key Requirements
  • Minimum wage: $15.00/hr since January 1, 2026, then a fixed 1.75% increase each January 1 under LB 258
  • Top income tax rate: 4.55% in 2026, reaching 3.99% in 2027 - withholding brackets updated automatically
  • Both schedules were enacted through different mechanisms: voter initiative (minimum wage) and legislative act (income tax)
  • Failure to update the minimum wage results in wage theft exposure; failure to update withholding results in employee over-withholding
  • LB 258 (2026) removed CPI indexation and replaced it with a fixed 1.75% annual increase, with NDOL publishing each year's rate by October 15 of the preceding year
  • WorkGenius applies both rate schedules automatically, eliminating the risk of lagging on either track
Nebraska Coverage

What WorkGenius Handles for Nebraska

Nebraska's dual annual rate changes - minimum wage rising, income tax falling - require payroll recalibration every January 1 each January.

Minimum Wage - Annual Updates Through 2026

Nebraska's minimum wage reached $15.00/hr on January 1, 2026 and now rises a fixed 1.75% each January 1 under LB 258. LB 258 also created a $13.50 youth wage for non-emancipated 14 and 15 year olds and a $13.50 training wage for new employees aged 16 to 19 for their first 90 days. WorkGenius applies the correct floor for each worker automatically.

Declining Income Tax - Withholding Updates

Nebraska's LB 754 reduces the top income tax rate annually. WorkGenius updates Nebraska withholding brackets on each effective date: 5.20% in 2025, 4.55% in 2026 and 3.99% from 2027.

Workers' Comp From Your First Nebraska Hire

Nebraska requires workers' comp for all employers with at least one employee. WorkGenius maintains compliant coverage from the first Nebraska hire and handles all claims administration.

Nebraska Fair Employment Practice Act Compliance

The NFEPA covers employers with 15 or more employees and prohibits discrimination based on race, color, sex, pregnancy, disability, religion, national origin, marital status, and age (40+). WorkGenius ensures employment agreements and onboarding materials meet NFEPA requirements.

Wage Payment Compliance

Neb. Rev. Stat. 48-1230 requires wages on regular days designated by the employer, with at least 30 days written notice before the regular payday changes - there is no statutory semi-monthly floor. WorkGenius sets a compliant pay frequency, delivers final pay on the next regular payday, and maintains required wage statements.

Benefits and Two-Week Final Pay

ACA-compliant health coverage, 401(k), and disability insurance enrolled and administered. Offboarding includes final pay on the next regular payday and COBRA administration.

Nebraska Compliance Dashboard
3 workers · All compliant
Live
Nebraska Minimum Wage & Income Tax Rate Check
Passed
Minimum wage rate updated - rising each January
Income tax withholding updated - falling each January
Workers' comp enrollment confirmed (1+ employee)
This Week's Payroll
$15.00
Base/hr
$22.50
OT rate (1.5×)
Auto
Calculated
Weekly invoice sent
Every Friday · All-in rate
Sent
Technology-Powered

How WorkGenius Handles Nebraska EOR

Nebraska is running two major legislative trajectories simultaneously: minimum wage rising from $9.00 to $15.00/hr by 2026, and state income tax rates falling from 6.84% to 3.99% over the same period. Both change on January 1 every year. WorkGenius auto-updates both rates on every cycle so Nebraska payroll is always accurate.

  • Rising Minimum Wage - Auto-Updated Annually
    Nebraska voters approved Initiative 433 in 2022, which reached its final step of $15.00/hr on January 1, 2026. LB 258 then replaced CPI indexation with a fixed 1.75% rise each January 1. WorkGenius updates the wage floor automatically on every effective date.
  • Nebraska Payroll, Automatically
    Minimum wage at $15.00/hr (2026), declining income tax (4.55% top rate in 2026, reaching 3.99% in 2027), SUTA on the first $9,000 of wages (1.25% for a new non-construction employer in 2026; new construction employers pay 5.4%, and experience-rated employers are assigned by category) - all calculated and remitted on every pay cycle.
  • Declining Income Tax - Auto-Updated
    Nebraska's LB 754 (2023) phases the top individual income tax rate down from 6.84% to 3.99%: 5.84% in 2024, 5.20% in 2025, 4.55% in 2026 and 3.99% from 2027. WorkGenius auto-updates withholding brackets on each January 1 effective date.
  • One Weekly Nebraska Invoice
    A single, transparent weekly invoice covering payroll, taxes, benefits, and compliance. No surprises, no hidden fees.

Other Key Nebraska Compliance Areas

Nebraska's two-track wage story - minimum wage up, income tax down - makes annual payroll recalibration mandatory each January.

Phased Minimum Wage (Initiative 433)

$15.00, then +1.75%/yr

Initiative 433 (2022) took Nebraska's minimum wage to $15.00/hr on January 1, 2026. LB 258, signed February 10, 2026, then removed CPI indexation and replaced it with a fixed 1.75% increase each January 1, published by NDOL each October 15. It also created a $13.50 youth wage for non-emancipated 14 and 15 year olds and a $13.50 training wage for new hires aged 16 to 19. Employers who fail to update on each January 1 face wage violation exposure.

Declining Income Tax (LB 754)

4.55% in 2026, 3.99% in 2027

LB 754 (2023) phases Nebraska's top individual income tax rate down from 6.84% to 3.99%, reaching 4.55% in 2026 and 3.99% in 2027. Brackets also consolidate: the 2026 brackets are 2.46%, 3.51% and 4.55%. Each reduction takes effect January 1. Employers who do not update withholding tables will over-withhold from employees.

Nebraska Fair Employment Practice Act

15-employee threshold

Covers employers with 15 or more employees. Prohibits discrimination based on race, color, sex, pregnancy, disability, religion, national origin, marital status, and age (40+). The Nebraska Equal Opportunity Commission handles complaints.

Non-Competes: Narrow, and No Blue Pencil

Narrow, no blue pencil

Nebraska will not enforce a general non-compete against an employee at all, and is not a blue-pencil state. Courts enforce only a narrow customer-based covenant, and an overly broad one is void in full rather than reformed. Nebraska has not enacted a statutory ban or income-based threshold.

Simple Process

How It Works in Nebraska

From first conversation to fully compliant employment - typically within days.

1

Tell Us What You Need

Workers, roles, locations, and start dates. We tailor the setup to your needs.

2

We Assess & Classify

Our AI runs every worker through Nebraska's classification and compliance rules. We prepare compliant contracts and payroll setup.

3

Workers Are Employed

Onboarded with Nebraska-compliant contracts, benefits enrolled, payroll running from day one.

4

We Handle Ongoing

Payroll runs on Nebraska rules. Taxes filed. Compliance monitored. One weekly invoice.

Nebraska EOR: Common Questions

What is Nebraska's minimum wage and how does it change?

Nebraska voters approved Initiative 433 in November 2022, and its final step took the minimum wage to $15.00/hr on January 1, 2026. The indexation that was to follow no longer applies: LB 258, signed February 10, 2026 and effective July 17, 2026, replaced CPI indexation with a fixed 1.75% increase each January 1, with the Nebraska Department of Labor publishing each year's rate by October 15 of the preceding year. LB 258 also created a $13.50 youth wage for non-emancipated 14 and 15 year olds, and a $13.50 training wage for new employees aged 16 to 19 during their first 90 days, extendable by a further 90 days for approved on-the-job training. WorkGenius applies the correct floor for each worker automatically on every effective date.

How is Nebraska's income tax changing?

Nebraska's LB 754, enacted in May 2023, phases down individual income tax rates over several years. The top rate dropped from 6.84% to 5.84% effective January 1, 2024, then to 5.20% in 2025 and 4.55% on January 1, 2026, and reaches 3.99% on January 1, 2027. Each reduction requires payroll withholding tables to be updated - WorkGenius applies each change automatically so employees are not over-withheld.

When does Nebraska require workers' compensation?

Nebraska requires workers' compensation for all employers with at least one employee. There is no minimum headcount threshold - coverage is required from the first hire. WorkGenius maintains compliant coverage from day one and handles all claims administration.

What does Nebraska's Fair Employment Practice Act cover?

Nebraska's Fair Employment Practice Act (NFEPA) covers employers with 15 or more employees and prohibits discrimination based on race, color, sex, pregnancy, disability, religion, national origin, marital status, and age (40+). The Nebraska Equal Opportunity Commission handles administrative complaints, and employees may pursue civil litigation after exhausting administrative remedies.

Does Nebraska have paid sick leave or paid family leave requirements?

Yes, for sick leave. Nebraska voters passed Initiative 436 in November 2024, creating the Nebraska Healthy Families and Workplaces Act, in force since October 1, 2025 and amended by LB 415 (2025). Employers with 11 or more employees must provide earned paid sick time: accrual starts after 80 hours of employment at 1 hour for every 30 hours worked, capped at 40 hours a year for employers with 11 to 19 employees and 56 hours for employers with 20 or more. Written notice to employees and a workplace poster are required. Nebraska still has no state paid family leave program, so federal FMLA remains the only job-protected family leave. WorkGenius administers HFWA accrual, notice and posting, plus any voluntary PTO policy and federal FMLA.

Are non-compete agreements enforceable in Nebraska?

Only in a narrow form, and Nebraska is not a blue-pencil state. Nebraska courts will not enforce a true general non-compete against an employee. What they will enforce is a covenant limited to customers with whom the employee actually did business and had personal contact. If a covenant reaches further than that, the court will not rewrite it: in Gaver v. Schneider's O.K. Tire Co. (2014) the Nebraska Supreme Court repeated that it is not the function of the courts to reform unreasonable covenants solely to make them enforceable, and H&R Block Tax Services v. Circle A Enterprises (2005) holds that a court must either enforce the covenant as written or not at all, so an invalid portion voids the remainder. Nebraska has no statutory ban or income threshold. WorkGenius drafts Nebraska covenants to the customer-contact limit and relies on confidentiality and trade secret protection for everything beyond it.

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Related compliance concepts

Employer of Record

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