Payment for Overtime in Nebraska

Employees in Nebraska paid on an hourly basis are entitled to be paid their normal hourly rates times 1.5 (or one and a half times their normal hourly rate) for hours that they work over forty hours in a week. This is under the Federal Fair Labor Standards Act. However, employees can enforce this right under the Nebraska Wage Payment and Collection Act (Neb. Rev. Stat. 48-1229).

Overtime wages can be claimed under the Nebraska Wage Payment and Collection Act only if those overtime wages were previously agreed to by the employer and the employee. Nonetheless, even in the absence of a previous agreement concerning overtime compensation, compensation for overtime can be claimed under the federal Fair Labor Standards Act for hours worked in excess of 40 during a given week. Freeman v. Central States Health & Life Co., 2 Neb. App. 803, 515 N.W.2d 131 (1994).

If you believe that your employer has not properly paid overtime wages, or withheld payment for any time, you have a right to demand an itemized statement listing the wages earned and the deductions made pursuant to Neb. Rev. Stat. 48-1230.  If your employer fails to provide the statement within ten days, he or she may be guilty of an infraction. Neb. Rev. Stat. 48-1231(2).

If you are forced to make a claim for your wages, the court may award attorney fees to your lawyer. Neb. Rev. Stat. 48-1231(1).

If the court finds that the nonpayment of wages was willful, the employer can be forced to pay two times the amount of unpaid wages. Neb. Rev. Stat. 48-1232.

If your boss has refused to pay you what is due, you should consider retaining an attorney to represent you.  You may be able to bring a claim for any deductions in pay that your employer makes without your consent.

If you live in Omaha, Lincoln, Lancaster County, Douglas County, Otoe, or Cass Counties and you need an employment law attorney, consider contacting Angela Y. Madathil and the Madathil Law Firm.   The firm serves clients in all of these areas.

Contact us at angela@madathil-law.com or by telephone at 402.577.0686.  For more information feel free to look at our website www.madathil-law.com.

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