Skip to main content
CityRuleLookup

Omaha, NE Employment Preemption: Minimum Wage Preemption (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

2026 rate
$15.00 per hour
Current rate
$13.50 per hour
Statute
NE §48-1203
Initiative
433 (Nov 2022)

Summary

Nebraska Revised Statute 48-1203 sets a statewide minimum wage and effectively preempts higher local rates. Voter-approved Initiative 433 (Nov 2022) raises the state floor in steps to $15 by January 2026, currently $13.50.

48-1203. Minimum wage; youth minimum wage; adjustments. (1) Except as otherwise provided in this section and section 48-1203.01, every employer shall pay to each of his or her employees a minimum wage of: (a) Nine dollars per hour through December 31, 2022; (b) Ten dollars and fifty cents per hour on and after January 1, 2023, through December 31, 2023; (c) Twelve dollars per hour on and after January 1, 2024, through December 31, 2024; (d) Thirteen dollars and fifty cents per hour on and after January 1, 2025, through December 31, 2025; and (e) Fifteen dollars per hour on and after January 1, 2026, through December 31, 2026. (2) The minimum wage established in subdivision (1)(e) of this section shall be increased on January 1, 2027, and on January 1 of successive years, by one and three-quarters percent. No later than October 15 of each year, commencing October 15, 2026, the Nebraska Department of Labor shall calculate and publish the minimum wage rate that will take effect the following January 1. (3) For persons compensated by way of gratuities such as waitresses, waiters, hotel bellhops, porters, and shoeshine persons, the employer shall pay wages at the minimum rate of two dollars and thirteen cents per hour, plus all gratuities given to them for services rendered.

Source: Nebraska Revised Statute 48-1203View official code

Full Breakdown

Nebraska Revised Statute 48-1203 establishes a single statewide minimum wage applicable in all cities including Omaha. Voter Initiative 433, approved in November 2022, scheduled phased increases reaching $15 per hour effective January 1, 2026, with annual cost-of-living adjustments thereafter. Tipped employees follow a separate $2.13 cash wage floor with employer top-up. Omaha cannot set a higher municipal minimum wage; attempts have been blocked by the state's general preemption framework over wages and hours.

Violations & Fines

Paying below the state minimum brings back-wages, liquidated damages, and possible enforcement by the Nebraska Department of Labor or private suit under the state wage statute.

Frequently Asked Questions

Can Omaha pass a higher minimum wage?
No. Nebraska's wage statute preempts local minimums, so Omaha cannot adopt a citywide rate above the state floor. Only the legislature or voters can raise it.
What about tipped workers?
Nebraska's $2.13 cash wage for tipped employees remains in place. Employers must make up the difference if tips plus cash wages do not meet the state minimum.

Sources & Official References

Other rules in Omaha

All Omaha rules

Compare Omaha to another location·View the Nebraska employment preemption overview

Get notified when Minimum Wage Preemption in Omaha, NE changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.