Meal and Rest Break Requirements in Nebraska

At a glance

Nebraska's rule in practice

Nebraska's meal requirement is industry-specific. Under Neb. Rev. Stat. § 48-212, an assembling plant, workshop, or mechanical establishment with at least one employee must give every employee at least 30 consecutive minutes for lunch in each eight-hour shift. During that lunch, the employer may not require the employee to remain in the buildings or on the work premises.

The Department of Labor's current Lunch Period Law fact sheet confirms that other breaks remain at the employer's discretion. Nebraska does not require a coffee, smoke, or short rest period for ordinary private-sector employees.

The state lunch statute does not say whether the 30 minutes must be paid. Federal pay rules answer that separate question. Under 29 C.F.R. § 785.18, a provided short rest of five minutes to about 20 minutes counts as hours worked. Under § 785.19(a), a bona fide meal may be unpaid only when the employee is completely relieved from duty; required active or inactive duties while eating keep the period compensable.

What trips people up

The lunch rule does not cover every Nebraska workplace. The employer must operate an assembling plant, workshop, or mechanical establishment. A retail, office, or service employer outside those categories generally has no state duty to schedule lunch merely because a shift lasts eight hours.

The agreement exception is broader than a collective-bargaining exception. Section 48-212 also excludes employment covered by another valid written agreement between the employer and employee. When the statute does apply, its off-premises language is mandatory: the employer may not require the employee to remain in the building or on the premises during lunch.

Nebraska does not create a separate meal schedule solely for minors. The statute covers "all" employees at covered establishments. Separate child-labor rules limit when and how long workers ages 14 and 15 may work, but the official minor-employment guidance does not add another meal or short-rest schedule.

Common questions

Must an office employee receive lunch on an eight-hour shift?

Not under the industry-specific Nebraska statute unless the workplace is an assembling plant, workshop, or mechanical establishment.

Can a covered employer require an employee to stay on site during lunch?

No. Section 48-212 says the employer may not require the employee to remain in the buildings or on the premises during the required lunch.

Does Nebraska require two paid 15-minute breaks?

No state law requires that schedule. If an employer provides a 15-minute rest, federal law generally requires the time to be counted as hours worked.

What happens if a covered employer denies lunch?

Under Neb. Rev. Stat. § 48-213, violating the lunch statute is a Class III misdemeanor. The statute does not create an extra hour of premium pay for the employee.

Statutes and sources

• Neb. Rev. Stat. § 48-212. The current official statute supplies the covered industries, 30-minute duration, eight-hour-shift trigger, off-premises right, and written-agreement exceptions. Official text (accessed July 12, 2026).
• Neb. Rev. Stat. § 48-213. The current official statute makes a violation a Class III misdemeanor. Official text (accessed July 12, 2026).
• Nebraska Department of Labor, Lunch Period Law. The official fact sheet confirms the narrow meal rule and the absence of a general short-rest mandate. Official fact sheet (accessed July 12, 2026).
• Nebraska Department of Labor, Employment of Minors. The official page states Nebraska's separate hours limits for ages 14 and 15. Official guidance (accessed July 12, 2026).
• 29 C.F.R. §§ 785.18-.19. The current federal rules treat short rests as paid work and require complete relief from duty for an unpaid bona fide meal. Short rests and meals (accessed July 12, 2026).