By Patricia Moore
•
24 Jul, 2024
Expanding your business into Nebraska is an exciting step! Whether you're setting up in Omaha, Lincoln, or another part of the Cornhusker state, it's important to familiarize yourself with Nebraska's employment and labor laws. These regulations are designed to protect workers from discrimination, unfair working conditions, and unsafe environments. As an employer, understanding these laws is essential to avoid legal complications. While federal laws apply nationwide, each state, including Nebraska, has its own unique set of rules that business owners (including you!) must comply with. Protections for Employees vs. Independent Contractors in Nebraska Employees: Wages and Hours: Starting January 1, 2024, employees in Nebraska are entitled to a minimum wage of $12.00 per hour, which will continue to increase annually. Additionally, under the Fair Labor Standards Act (FLSA), employees are entitled to overtime pay at 1.5 times their regular rate for hours worked over 40 in a week. Benefits and Protections: Employees can access various benefits, including unemployment insurance, workers' compensation, and health benefits. They are also safeguarded against workplace discrimination and unsafe conditions under both federal and state laws. Legal Recourse: If their rights are violated, employees can file complaints and seek legal recourse for issues related to wages, overtime, and workplace safety. Independent Contractors: Flexibility: Independent contractors have the advantage of more flexible work arrangements, often having control over their hours and how they complete tasks. Limited Protections: Unlike employees, independent contractors do not qualify for minimum wage or overtime pay and are not covered by unemployment insurance, workers' compensation, or most employment discrimination laws. Tax Responsibilities: Independent contractors must manage their own taxes, including self-employment tax, and handle their own benefits and insurance. The Importance of Proper Classification: Misclassifying employees as independent contractors to avoid paying overtime, unemployment taxes, and other benefits can lead to severe penalties from the Department of Labor. Proper classification depends on several factors, including the level of control the employer has over the worker, the nature of the work, and the payment method. This is part of the ten-factor test highlighted in cases like Wright v. H & S Contracting. The Key Factors Include: Control Over Work: If the employer dictates how, when, and where the work is done, the worker is likely an employee. Nature of the Occupation: Work integral to the employer’s business suggests an employee relationship. Payment Method: Employees are typically paid by the hour or salary, whereas independent contractors are usually paid per job or project. Provision of Tools: Employees generally use tools and equipment provided by the employer, while independent contractors use their own. Consequences of Misclassification: Misclassifying workers can result in back pay for unpaid wages and overtime, fines, and back taxes for unemployment insurance and other withheld benefits. Correctly classifying workers is crucial to avoid these legal and financial repercussions. Get Professional Help: For small business owners, navigating these complex classifications and ensuring compliance can be overwhelming. By hiring professional bookkeeping services, you can ensure accurate worker classification, maintain compliance with employment laws, and avoid costly penalties. Keep-On-Booking's expertise in payroll management, tax filing, and financial reporting allows you to focus on growing your business with confidence and peace of mind. Contact us today to learn more: https://www.keep-on-booking.com/consultation