Payroll Nebraska, Unique Aspects of Nebraska Payroll Law and Practice

By Charles Read
The Nebraska State Agency that oversees the collection and reporting of State income taxes deducted from payroll checks is:

Department of Revenue
Nebraska State Office Bldg.
301 Centennial Mall S.
P.O. Box 94818
Lincoln, NE 68509-4818
(402) 471-2971
(800) 742-7474
http://www.revenue.state.ne.us/index.html



Nebraska does not require you to use a state form to calculate state income tax withholding.


Not all states allow salary reductions made under Section 125 cafeteria plans or 401(k) to be treated in the same manner as the IRS code allows. In Nebraska cafeteria plans are not taxable for income tax calculation; not taxable for unemployment insurance purposes. 401(k) plan deferrals are not taxable for income taxes; taxable for unemployment purposes.

In Nebraska supplemental wages are taxed at a 5% flat rate.


You may file your Nebraska State W-2s by magnetic media if you choose to.


The Nebraska State Unemployment Insurance Agency is:

Department of Labor
550 S. 16th St.
P.O. Box 94600
Lincoln, NE 68509-4600
(402) 471-9835
http://www.dol.state.ne.us/


The State of Nebraska taxable wage base for unemployment purposes is wages up to $7000.00.


Nebraska has optional reporting of quarterly wages on magnetic media.

Unemployment records must be retained in Nebraska for a minimum period of four years. This information generally includes: name; social security number; dates of hire, rehire and termination; wages by period; payroll pay periods and pay dates; date and circumstances of termination.


The Nebraska State Agency charged with enforcing the state wage and hour laws is:

Department of Labor
Division of Safety
State Office Bldg.
301 Centennial Mall South
P.O. Box 95024
Lincoln, NE 68509-5024
(402) 471-2239
www.dol.state.ne.us/


The minimum wage in Nebraska is $5.15 per hour.


There is also no general provision in Nebraska State Law covering paying overtime in a non-FLSA covered employer.

Nebraska State new hire reporting requirements are that every employer must report every new hire and rehire. The employer must report the federally required elements of:

Employee's name
Employee's address
Employee's social security number
Employer's name
Employers address
Employer's Federal Employer Identification Number (EIN)

This information must be reported within 20 days of the hiring or rehiring.
The information can be sent as a W4 or equivalent by mail, fax or electronically.
There is a $25.00 penalty for a late report in Nebraska.

The Nebraska new hire-reporting agency can be reached at 888-256-0293 or 402-691-9957 or on the web at www.nenewhire.com

Nebraska does allow compulsory direct deposit but the employee's choice of financial institution must meet federal Regulation E regarding choice of financial institutions.


Nebraska has no State Wage and Hour Law provisions concerning pay stub information.

Nebraska requires that employee be paid on paydays designated by employer or agreed to by employer and employee.


In Nebraska there are no statutory requirements concerning the lag time between when the services are performed and when the employee must be paid.

Nebraska payroll law requires that involuntarily terminated employees must be paid their final pay earlier of next regular payday or within 2 weeks and that voluntarily terminated employees must be paid their final pay earlier of next regular payday or within 2 weeks.



There is no provision in Nebraska law concerning paying deceased employees.


Escheat laws in Nebraska require that unclaimed wages be paid over to the state after one year.

The employer is further required in Nebraska to keep a record of the wages abandoned and turned over to the state for a period of 7 years.


Nebraska payroll law mandates no more than $3.02 of minimum wage may be used as a tip credit.



In Nebraska the payroll laws covering mandatory rest or meal breaks are only that manufacturing employees must have a 30-minute meal period between noon and 1 p.m. or another suitable hour.

There is no provision in Nebraska law concerning record retention of wage and hour records therefor it is probably wise to follow FLSA guidelines.


The Nebraska agency charged with enforcing Child Support Orders and laws is:

Child Support Enforcement Office
Department of Health and Human Services
P.O. Box 94728
301 Centennial Mall So., 5th Fl.
Lincoln, NE 68509-4728
(402) 479-5555
http://www.hhs.state.ne.us/cse/cseindex.htm

Nebraska has the following provisions for child support deductions:

When to start Withholding? First pay period after receipt of notice.
When to send Payment? Within 7 days of Payday.
When to send Termination Notice? 30 days after termination.
Maximum Administrative Fee? $2.50 per month.
Withholding Limits? Federal Rules under CCPA.




Please note that this article is not updated for changes that can and will happen from time to time.




About the author:

Charles J. Read, CPA has been in the payroll, accounting and tax business for 30 years, the last fifteen in private practice.
Mr. Read is the author of “How to Start a New Business.”

To find professional payroll service at a budget price go to www.PayrollonaBudget.com a paperless payroll company.

For a full service payroll bureau with CPA’s on staff visit www.CustomPayroll.com .

See an excerpt of Mr. Read’s interviews from William Shatners “Heartbeat of America” television show on the web sites linked above.


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