For purposes of the Wage and Hour Act, unless the context otherwise requires:
(1) Employ shall include to permit to work;
(2) Employer shall include any individual, partnership, limited liability company, association, corporation, business trust, legal representative, or organized group of persons employing four or more employees at any one time except for seasonal employment of not more than twenty weeks in any calendar year, acting directly or indirectly in the interest of an employer in relation to an employee, but shall not include the United States, the state, or any political subdivision thereof;
(3) Employee shall include any individual employed by any employer but shall not include:
(a) Any individual employed in agriculture;
(b) Any individual employed as a baby-sitter in or about a private home;
(c) Any individual employed in a bona fide executive, administrative, or professional capacity or as a superintendent or supervisor;
(d) Any individual employed by the United States or by the state or any political subdivision thereof;
(e) Any individual engaged in the activities of an educational, charitable, religious, or nonprofit organization when the employer-employee relationship does not in fact exist or when the services rendered to such organization are on a voluntary basis;
(f) Apprentices and learners otherwise provided by law;
(g) Veterans in training under supervision of the United States Department of Veterans Affairs;
(h) A child in the employment of his or her parent or a parent in the employment of his or her child; or
(i) Any person who, directly or indirectly, is receiving any form of federal, state, county, or local aid or welfare and who is physically or mentally disabled and employed in a program of rehabilitation, who shall receive a wage at a level consistent with his or her health, efficiency, and general well-being;
(4) Occupational classification shall mean a classification established by the Dictionary of Occupational Titles prepared by the United States Department of Labor; and
(5) Wages shall mean all remuneration for personal services, including commissions and bonuses and the cash value of all remunerations in any medium other than cash.
Notes of Decisions
Mays v. Midnite Dreams, Inc., 300 Neb. 485 (Neb. 2018).
· cites it 4× “The court determined Mays was an "employee" entitled to minimum wage compensation under the FLSA and Nebraska law, applying the "ABC test" under § 48-1229(1)(a) through (c) and the 10-factor test under § 48-1202(3). The court concluded that by instituting and enforcing the house…”
Mays v. Midnite Dreams, 300 Neb. 485 (Neb. 2018).
· cites it 4× “The court determined Mays was an “employee” entitled to minimum wage compensation under the FLSA and Nebraska law, applying the “ABC test” under § 48-1229(1)(a) through (c) and the 10-factor test under § 48-1202(3).”
Baouch v. Werner Enter., Inc., 244 F. Supp. 3d 980 (D. Neb. 2017).
· cites it 3× “” Neb. Rev. Stat. § 48-1202 (5), Thus, an individual who does not receive as compensation for services rendered at least the minimum wage is harmed under the statute.”
Grove v. Meltech (D. Neb. 2021).
· cites it 2× “The FLSA broadly defines “employer” as “any person acting directly or indirectly in the interest of an employer in relation to an employee[.]” 29 U.S.C. § 203 (d).”
Midgett v. Werner Enter., Inc. (D. Neb. 2021).
· cites it 2× “” Neb. Rev. Stat. § 48-1202 (3). That definition is not limited to those who reside in Nebraska.”
— Neb. Rev. Stat. § 48-1202(3) — 2 cases
Mays v. Midnite Dreams, Inc., 300 Neb. 485 (Neb. 2018).
“The court determined Mays was an "employee" entitled to minimum wage compensation under the FLSA and Nebraska law, applying the "ABC test" under § 48-1229(1)(a) through (c) and the 10-factor test under § 48-1202(3). The court concluded that by instituting and enforcing the house…”
Mays v. Midnite Dreams, 300 Neb. 485 (Neb. 2018).
“The court determined Mays was an “employee” entitled to minimum wage compensation under the FLSA and Nebraska law, applying the “ABC test” under § 48-1229(1)(a) through (c) and the 10-factor test under § 48-1202(3).”
— Neb. Rev. Stat. § 48-1202(5) — 1 case
Baouch v. Werner Enter., Inc., 244 F. Supp. 3d 980 (D. Neb. 2017).
“” Neb. Rev. Stat. § 48-1202 (5), Thus, an individual who does not receive as compensation for services rendered at least the minimum wage is harmed under the statute.”
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