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Monday, April 20, 2026

At a glance: hiring and wage & hour law in the USA (Nebraska) - Lexology

Hiring

Advertising

What are the requirements relating to advertising open positions?

The Nebraska Fair Employment Practice Act prohibits employers from advertising in any way which would deprive an individual of employment opportunities because of the individual’s protected status. Neb. Rev. Stat. § 48-1104.

Background checks

(a)Criminal records and arrests

Public employers may not ask applicants to disclose information concerning their criminal record or history, including on an employment application, until the employer has determined the applicant meets the minimum employment qualifications. Neb. Rev. Stat. § 48-202.

Criminal history records maintained by a state criminal justice agency are public records, so private employers may inspect and copy those records. Neb. Rev. Stat. § 29-3520. Employers should note that certain arrest, citation in lieu of arrest, and referral for prosecution without citation records are removed from the public record. Neb. Rev. Stat. § 29-3523(3).

In an application for employment, applicants cannot be questioned with respect to an offense for which the record is sealed. If an inquiry is made in violation of this prohibition, the applicant may respond as if the offense never occurred. Neb. Rev. Stat. § 29-3523(8).

Applications for employment must contain language stating that an applicant is not obligated to disclose a sealed juvenile record. Neb. Rev. Stat. § 43-2,108.05.

(b)Medical history

The Nebraska Fair Employment Practice Act...



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