Nebraska Employment Screening Overview
Nebraska is relatively employer-friendly for background screening, though public employers must follow ban-the-box rules that delay criminal history inquiries until after determining minimum qualifications, and all employers face restrictions on considering sealed records.
Private employers have more flexibility but must comply with federal FCRA requirements, and public employers and contractors must use E-Verify for new hires—federal requirements and local ordinances may impose additional obligations.
What's Permitted
- Credit checks permitted for employment without state-level restrictions
- Drug and alcohol testing permitted under state procedural framework
- Salary history inquiries permitted statewide for all employers
- Private employers generally may ask about criminal history anytime
What's Prohibited
- Asking public employer applicants about criminal history before determining minimum qualifications
- Inquiring about or considering sealed criminal records in employment decisions
- Failing to use E-Verify for public employers and public contractors statewide
- Requiring applicants to disclose sealed juvenile records on employment applications
Ban the Box Laws
Public Employers OnlyStatus Summary
Nebraska ban-the-box covers only public employers; inquiries permitted only after determining minimum qualifications. Exceptions: law enforcement, legally mandated checks, limited school-district abuse disclosures. Lincoln and Omaha extend to contractors. Private employers lack mandate. See Neb. Rev. Stat. § 48-202 (https://nebraskalegislature.gov/laws/statutes.php?...
Key Requirements
Nebraska LB 907 — Neb. Rev. Stat. § 48-202
State ban-the-box for public employers:
- Public employers only
- No criminal-history questions initially
- Wait until minimum qualifications determined
- Background checks allowed after determination
- Exempt: law enforcement; legal mandates; schools
Sources: Neb. Rev. Stat. § 48-202, LB 907 (slip law)
Neb. Rev. Stat. § 29-2264 — Conviction set-aside
Rules on set-asides and sealed records:
- Set-aside convictions generally not reported
- Employers should exclude set-asides
- Sealed juvenile records excluded
- Vendors must account for set-asides
Source: Neb. Rev. Stat. chapter 29
Nebraska Criminal History Information Act (public-record limits)
Limits on circulation of criminal history records:
- Non-convictions limited in circulation
- Arrests without charges public one year
- Dismissed charges immediately excluded
- Nebraska State Patrol central repository
Sources: Nebraska State Patrol — background checks, Neb. Rev. Stat. chapter 29
Ban the Box Best Practices for Nebraska Employers
- Remove criminal-history questions from initial applications.
- Delay inquiries until applicant meets minimum job qualifications.
- Document qualification determinations and background check timing.
- Follow FCRA pre-adverse and adverse action procedures.
- Include exceptions: law enforcement, legally mandated background checks.
Salary History Ban
NoNo State Salary History Ban (Nebraska)
As of January 2026, Nebraska has no statewide prohibition on salary-history inquiries:
- Employers may ask prior salary.
- No state prohibition exists.
- Major cities lack local bans.
- Must still follow equal-pay laws.
Sources: https://dol.nebraska.gov/laborstandards ; https://nebraskalegislature.gov/laws/browse-chapte...
Nebraska Equal Pay Act (§48‑1221)
State law prohibiting sex-based wage discrimination:
- Prohibits sex-based wage discrimination.
- Applies to equal work, same establishment.
- Allowed reasons: seniority, merit, production.
- Liquidated damages for willful violations.
Source: https://nebraskalegislature.gov/laws/statutes.php?...
Nebraska Minimum Wage (§48‑1203)
State minimum-wage schedule and indexing rules:
- State minimum wage set annually.
- $13.50 (2025); $15.00 (2026).
- CPI‑U adjusts post‑2026 annually.
- Dept. of Labor publishes rate by Oct.15.
Source: https://nebraskalegislature.gov/laws/statutes.php?...
Wage Discussion Protections (§48‑1114)
Protections against retaliation for wage discussions:
- Employees protected for discussing wages.
- Employers cannot retaliate for disclosures.
- Proprietary/trade secrets may be withheld.
- Not applicable to certain exempt employers.
Source: https://nebraskalegislature.gov/laws/statutes.php?...
Employment History Disclosure (§48‑201)
Rules for disclosing former employee wage information:
- Written consent required to disclose wages.
- Consent must use specific statutory language.
- Consent valid up to six months.
- Employers not obligated to request disclosures.
Source: https://nebraskalegislature.gov/laws/statutes.php?...
Federal Equal Pay Act (1963) and Title VII
Federal prohibitions on compensation discrimination:
- Equal Pay Act prohibits sex-based discrimination.
- Title VII forbids other protected-class discrimination.
- EEOC enforces federal claims.
- Applies to employers with 15+ employees.
Sources: https://www.eeoc.gov/equal-paycompensation-discrim... ; https://www.eeoc.gov/statutes/equal-pay-act-1963
Salary History Best Practices for Nebraska Employers
- Nebraska permits asking applicants about prior salary
- Comply with Nebraska Equal Pay Act 48-1221
- Protect employees' wage discussion rights; prohibit retaliation
- Obtain written consent before requesting former employers' wage history
- Document legitimate non-discriminatory reasons for pay differentials
Consumer Credit Checks
NoNebraska defers to the FCRA: employers must obtain stand‑alone consent, follow adverse‑action and data‑security rules; the state Credit Report Protection Act narrowly exempts employment screening at §8‑2614.01 (not §8‑2613); ban‑the‑box (§48‑202) covers criminal history only.
Key Requirements
Fair Credit Reporting Act (FCRA)
Federal law governing consumer reports for employment purposes:
- Written stand-alone consent required
- Clear, separate disclosure required
- Pre-adverse notice with report copy
- Final adverse-action notice required
- Accuracy standards and lookback limits
Sources: https://www.consumer.ftc.gov/sites/default/files/a... https://www.eeoc.gov/laws/guidance/background-chec...
Nebraska Credit Report Protection Act
State security-freeze law with limited employment carve-out:
- Security-freeze protections for consumers
- Exemption in §8-2614.01, narrower scope
- Exemption limited to employment-screening databases
- Employers still must follow FCRA
Source: https://ndbf.nebraska.gov/sites/default/files/lega...
Nebraska Fair Employment Practice Act (NFPA)
State anti-discrimination law applicable to employment decisions:
- Prohibits discrimination on listed characteristics
- Protected classes include military/veteran status
- Credit use cannot cause disparate impact
- Enforced by Nebraska Equal Opportunity Commission
Source: https://nebraskalegislature.gov/laws/statutes.php?...
Nebraska ban-the-box (§48-202)
Limits criminal-history inquiries for public employers only:
- Applies only to public employers
- Delays criminal-history inquiries until qualifications
- Does not restrict credit checks
- Several safety and legal exceptions exist
Source: https://nebraskalegislature.gov/laws/statutes.php?...
Credit Check Best Practices for Nebraska Employers
- Obtain stand-alone written consent before ordering reports
- Provide clear disclosure explaining credit information use
- Follow FCRA pre‑and final adverse action procedures
- Recognize Nebraska's narrow exemption for employment‑screening databases
- Ensure credit checks are job‑related and non‑discriminatory
Marijuana Protection
Medicinal Marijuana
Nebraska’s medical cannabis law permits qualified patient use/possession, but provides no employment accommodation. Employers may enforce drug-free/zero-tolerance and testing policies, and may discipline for use/impairment at work. https://nebraskalegislature.gov/laws/statutes.php?...
Recreational Marijuana
Recreational marijuana is not legalized in Nebraska; no employee protections apply. Employers may prohibit cannabis use and test under written policies, subject to the Drug and Alcohol Testing in the Workplace Act’s procedural requirements if testing is used. https://nebraskalegislature.gov/laws/statutes.php?...
Drug Testing Regulations
Nebraska permits—but does not require—workplace drug testing (Neb. Rev. Stat. §§ 48‑1901–48‑1910). Positive screens used for employment actions must be confirmed by certified labs; results kept confidential. Medical cannabis need not be accommodated; federal DOT/contractor rules may mandate testing.
Permitted Testing Types
Pre-Employment
Permitted if employer policy provides; state law does not mandate testing.
Random Testing
Permitted under employer policy; must follow statutory procedures.
Reasonable Suspicion
Allowed with documented reasonable suspicion per state policy.
Post Accident
Permitted for post-accident investigations; may affect workers' compensation.
Workers' Compensation Discount
Nebraska law denies workers' compensation benefits if the employee was intoxicated during the workplace injury.
No statutory premium discount exists; post-accident testing proving intoxication can bar benefits and reduce employer costs.
Best Practices
- Require confirmatory testing by certified labs; treat tampering/refusal as positive.
- Maintain strict chain-of-custody and specimen preservation documentation.
- Keep results confidential; obtain written consent for third-party disclosures.
- Comply with federal DOT and federal-contractor testing requirements.
- Note medical cannabis: employers need not accommodate workplace cannabis use.
Clean Slate Laws
NoLB 215's Clean Slate Act provisions were removed by AM 556; the bill remains a carryover as of April 2026. Existing sealing law governs: https://nebraskalegislature.gov/bills/view_bill.ph... https://nebraskalegislature.gov/laws/statutes.php?... https://nebraskalegislature.gov/laws/statutes.php?... https://nebraskalegislature.gov/laws/statutes.php?...
E-Verify Requirements
Mandatory for Public ContractorsWho Must Use E-Verify
Private Employers [Nebraska Advantage Act; LB532 (carryover, not enacted)]
Private employers are not generally required statewide; employers receiving Nebraska tax incentives must use E-Verify. LB532 would expand mandates but is a carryover, not enacted. https://revenue.nebraska.gov/incentives/microenter... https://nebraskalegislature.gov/bills/view_bill.ph...
Federal Contractors [Federal acquisition regulations; federal E-Verify program requirements]
Federal contractors must comply with federal E-Verify contract clauses and verify employees per federal requirements and procurement regulations. https://www.congress.gov/crs_external_products/R/P...
Any other relevant groups [Neb. Rev. Stat. 4-114]
Public employers and public contractors must register with and use E-Verify for new employees performing services within Nebraska (effective Oct. 1, 2009). https://nebraskalegislature.gov/laws/statutes.php?...
Background Check Regulations
Federal FCRA governs employer use of consumer‑report background checks; Nebraska also imposes state rules — e.g., public‑employer restrictions on asking about criminal history before qualification — so employers must comply with both federal and applicable state law.
FCRA Compliance Process
Disclosure & Authorization
Provide clear, standalone written disclosure that a background check will be conducted. Obtain separate written authorization from the applicant before ordering the report.
Obtain Background Report
Order the background check from a Consumer Reporting Agency (CRA). Ensure the CRA is FCRA-compliant and provides accurate, up-to-date information.
Pre-Adverse Action Notice
If considering denying employment based on the report, provide the applicant with:
- Copy of the background report
- Copy of "A Summary of Your Rights Under the FCRA"
- Reasonable time to respond (typically 5 business days)
Adverse Action Notice
If final decision is made to deny employment, provide written notice including:
- Name, address, and phone number of the CRA
- Statement that the CRA did not make the decision
- Notice of right to dispute report accuracy
- Notice of right to request additional free copy within 60 days