Waivers and exceptions
The lunch rule does not apply to work covered by a valid collective bargaining agreement or another written agreement between the employer and employee. Source: nebraskalegislature.gov↗ (opens in a new tab)
Industry-specific rules
The meal break rule covers only assembly plants, workshops and mechanical establishments. Other Nebraska employers have no state meal break duty. Source: nebraskalegislature.gov↗ (opens in a new tab)
Penalties
Breaking the lunch rule is a Class III misdemeanor. Source: nebraskalegislature.gov↗ (opens in a new tab)
The law and where to check
The law: Neb. Rev. Stat. 48-212 (opens in a new tab)
The agency: Nebraska Department of Labor, Labor Standards (opens in a new tab)
What federal law says
Federal law does not require meal or rest breaks. If you give short breaks (about 5 to 20 minutes), they must be paid. Meal periods of 30 minutes or more can be unpaid if the employee is fully relieved of duty. Nursing employees get reasonable break time under the federal PUMP Act. Source: U.S. Department of Labor↗ (opens in a new tab) Source: U.S. DOL — PUMP Act↗ (opens in a new tab)
Meal and rest breaks checklist for Nebraska employers
A simple order of work, based on the rules above. It is not a legal checklist.
- Check which of your staff the break rules above cover, including minors.
- Build required meal and rest breaks into your schedules.
- Decide which breaks are paid and record them correctly in your timekeeping.
- Set up a private, non-bathroom space for nursing employees.
- Put your break policy in writing and share it with staff.
- Keep time records that show breaks were taken.
More Nebraska employment law guides
- All Nebraska employment laws
- Nebraska final paycheck law
- Nebraska paid sick leave law
- Nebraska overtime law
- Nebraska pay frequency law
- Nebraska vacation and PTO payout law
- Nebraska new hire reporting
- Nebraska at-will exceptions
Meal and rest breaks laws in other states
See every state on one page, or pick a state:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Sources
All official government sources, last checked October 19, 2026.
- https://nebraskalegislature.gov/laws/statutes.php?statute=48-212
- https://www.dol.gov/agencies/whd/state/rest-periods
- https://www.dol.gov/agencies/whd/state/meal-breaks
- https://nebraskalegislature.gov/laws/statutes.php?statute=48-1102
- https://nebraskalegislature.gov/laws/statutes.php?statute=48-213
- https://dol.nebraska.gov/LaborStandards
- https://www.dol.gov/general/topic/workhours/breaks
- https://www.dol.gov/agencies/whd/pump-at-work
Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.
Last checked: . Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.