Nebraska's Federal All-In-One Poster Mandatory

EMPLOYEE RIGHTS
UNDER THE FAMILY AND MEDICAL LEAVE ACT	
Eligible employees who work for a covered employer can take up to 12 weeks of unpaid, job-protected leave in a 12-month period 
for the following reasons:•	 The birth of a child or placement of a child for adoption or foster care;
•	 To bond with a child (leave must be taken within 1 year of the child’s birth or placement);
•	 To care for the employee’s spouse, child, or parent who has a qualifying serious health condition;
•	 For the employee’s own qualifying serious health condition that makes the employee unable to perform the employee’s job;
•	 For qualifying exigencies related to the foreign deployment of a military member who is the employee’s spouse, 
child, or parent.
An eligible employee who is a covered servicemember’s spouse, child, parent, or next of kin may also take up to 26 weeks 
of FMLA leave in a single 12-month period to care for the servicemember with a serious injury or illness. 
An employee does not need to use leave in one block. When it is medically necessary or otherwise permitted, employees 
may take leave intermittently or on a reduced schedule. 
Employees may choose, or an employer may require, use of accrued paid leave while taking FMLA leave. If an employee 
substitutes accrued paid leave for FMLA leave, the employee must comply with the employer’s normal paid leave policies.
While employees are on FMLA leave, employers must continue health insurance coverage as if the employees were not on leave. 
Upon return from FMLA leave, most employees must be restored to the same job or one nearly identical to it with 
equivalent pay, benefits, and other employment terms and conditions. 
An employer may not interfere with an individual’s FMLA rights or retaliate against someone for using or trying to use FMLA leave, 
opposing any practice made unlawful by the FMLA, or being involved in any proceeding under or related to the FMLA.  
An employee who works for a covered employer must meet three criteria in order to be eligible for FMLA leave. The employee must: 
•	 Have worked for the employer for at least 12 months; 
•	 Have at least 1,250 hours of service in the 12 months before taking leave;* and 
•	 Work at a location where the employer has at least 50 employees within 75 miles of the employee’s worksite. 
*Special “hours of service” requirements apply to airline flight crew employees. 
Generally, employees must give 30-days’ advance notice of the need for FMLA leave. If it is not possible to give 30-days’ notice, 
an employee must notify the employer as soon as possible and, generally, follow the employer’s usual procedures. 
Employees do not have to share a medical diagnosis, but must provide enough information to the employer so it can determine 
if the leave qualifies for FMLA protection. Sufficient information could include informing an employer that the employee is or 
will be unable to perform his or her job functions, that a family member cannot perform daily activities, or that hospitalization or 
continuing medical treatment is necessary. Employees must inform the employer if the need for leave is for a reason for which 
FMLA leave was previously taken or certified.
Employers can require a certification or periodic recertification supporting the need for leave. If the employer determines that the 
certification is incomplete, it must provide a written notice indicating what additional information is required. 
Once an employer becomes aware that an employee’s need for leave is for a reason that may qualify under the FMLA, the 
employer must notify the employee if he or she is eligible for FMLA leave and, if eligible, must also provide a notice of rights and 
responsibilities under the FMLA. If the employee is not eligible, the employer must provide a reason for ineligibility.
Employers must notify its employees if leave will be designated as FMLA leave, and if so, how much leave will be designated as 
FMLA leave.    
Employees may file a complaint with the U.S. Department of Labor, Wage and Hour Division, or may bring a private lawsuit 
against an employer.
The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective 
bargaining agreement that provides greater family or medical leave rights.	LEAVE 
ENTITLEMENTS
BENEFITS &
PROTECTIONS ELIGIBILITY  
REQUIREMENTS	
1-866-4-USWAGE	
www.dol.gov/whd	
For additional information or to file a complaint: (1-866-487-9243)     TTY: 1-877-889-5627
U.S. Department of Labor     Wage and Hour Division	
 T HE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION	
WH1420  REV 04/16	
REQUESTING 
LEAVE
EMPLOYER 
RESPONSIBILITIES 
ENFORCEMENT 	
1-866-487-9243
TTY: 1-877-889-5627 www.dol.gov/whd	WAGE AND HOUR DIVISION
UNITED STATES DEPARTMENT OF LABOR	
WH1088  REV 07/16	
OVERTIME PAY	At least 1½ times the regular rate of pay for all hours worked over 40 in a workweek.	
CHILD LABOR	An employee must be at least 16 years old to work in most non-farm jobs \
and at least 18 to work 
in non-farm jobs declared hazardous by the Secretary of Labor. Youths 14 and 15 years old may 
work outside school hours in various non-manufacturing, non-mining, non-\
hazardous jobs with 
certain work hours restrictions. Different rules apply in agricultural employment.	
TIP CREDIT	Employers of “tipped employees” who meet certain conditions may cl\
aim a partial wage credit 
based on tips received by their employees. Employers must pay tipped employees a cash w\
age 
of at least $2.13 per hour if they claim a tip credit against their minimum wage obligation. If an 
employee’s tips combined with the employer’s cash wage of at least $2.13 per hour do not equal 
the minimum hourly wage, the employer must make up the difference.	
NURSING 
MOTHERS	The FLSA requires employers to provide reasonable break time for a nursing mother employee 
who is subject to the FLSA’s overtime requirements in order for the employee to express breast 
milk for her nursing child for one year after the child’s birth each time such employee has a need 
to express breast milk. Employers are also required to provide a place, other than a bathroom, 
that is shielded from view and free from intrusion from coworkers and the public, which may be 
used by the employee to express breast milk.	
ENFORCEMENT	The Department has authority to recover back wages and an equal amount in liquidated damages 
in instances of minimum wage, overtime, and other violations. The Depart\
ment may litigate 
and/or recommend criminal prosecution. Employers may be assessed civil money penalties for 
each willful or repeated violation of the minimum wage or overtime pay provisions of the law. 
Civil money penalties may also be assessed for violations of the FLSA’s child labor provisions. 
Heightened civil money penalties may be assessed for each child labor vi\
olation that results in 
the death or serious injury of any minor employee, and such assessments \
may be doubled when 
the violations are determined to be willful or repeated. The law also prohibits retaliating against or 
discharging workers who file a complaint or participate in any proceeding under the FLSA.	
ADDITIONAL 
INFORMATION	• Certain occupations and establishments are exempt from the minimum wage, and/or overtime 
pay provisions.
•  Special provisions apply to workers in American Samoa, the Commonwealth of the Nor\
thern 
Mariana Islands, and the Commonwealth of Puerto Rico.
•  Some state laws provide greater employee protections; employers must comply with both.
•  Some employers incorrectly classify workers as “independent contractors” when they are 
actually employees under the FLSA. It is important to know the difference between the two 
because employees (unless exempt) are entitled to the FLSA’s minimum wage and overtime 
pay protections and correctly classified independent contractors are not.
•  Certain full-time students, student learners, apprentices, and workers with disabilities may be 
paid less than the minimum wage under special certificates issued by the\
 Department of Labor.	
EMPLOYEE RIGHTS 
UNDER THE FAIR LABOR STANDARDS ACT
The law requires employers to display this poster where employees can readily see it.	
 	
Job Safety and Health
IT’S THE LAW!	
All workers have the right to:
 
ƒ A safe workplace.
 
ƒ Raise a safety or health concern with 
your  employer or OSHA, or report a work-
related injury or illness, without being 
retaliated against. 
 
ƒ Receive information and training on 
job hazards, including all hazardous 
substances in your workplace. 
 
ƒ Request an OSHA inspection of your 
workplace if you believe there are unsafe 
or unhealthy conditions. OSHA will keep 
your name confidential. You have the 
right  to have a representative contact 
OSHA  on your behalf.
 
ƒ Participate (or have your representative 
participate) in an OSHA inspection and 
speak  in private to the inspector.
 
ƒ File a complaint with OSHA within 
30  days (by phone, online or by mail) 
if  you have been retaliated against for 
using your  rights. 
 
ƒ See any OSHA citations issued to 
your  employer.
 
ƒ Request copies of your medical 
records, tests that measure hazards 
in the workplace, and the workplace 
injury  and illness log. Employers must:
 
ƒ Provide employees a workplace free from 
recognized hazards. It is illegal to retaliate 
against an employee for  using any of their 
rights under the law, including raising a 
health and safety concern with you or 
with OSHA, or reporting a work-related 
injury or illness.
 
ƒ Comply with all applicable OSHA standards. 
 
ƒ Report to OSHA all work-related 
fatalities within 8  hours, and all inpatient 
hospitalizations, amputations and losses 
of  an  eye within 24  hours.
 
ƒ Provide required training to all workers 
in a language and vocabulary they can 
understand. 
 
ƒ Prominently display this poster in the 
workplace.
 
ƒ Post OSHA citations at or near the 
place  of the alleged violations.
FREE ASSISTANCE to identify and correct 
hazards is available to small and medium-
sized employers, without citation or penalty, 
through  OSHA-supported consultation 
programs in every state.	
U.S. Department of Labor	
Contact OSHA. We can help. 
1-800-321-OSHA (6742)  •   TTY 1-877-889-5627  •  www.osha.gov
This poster is available free from OSHA.	
OSHA 3165-04R 2015	
This poster does not necessarily fulfill ALL federal workplace poster requirements for your business. The Employee Polygraph Protection Act Notice and federal poster supplements are not included. Go to www.dol.gov/general/topics/posters/ for posters, supplements, and posting requirements. 
Updated: 9/21/16