Nebraska Wage Payment and Collection Act

The Nebraska Wage Payment and Collection Act is in the Nebraska Statutes at 48-1228 to 48-1232, protects employees in Nebraska. The Nebraska Wage Payment Act provides that employers must pay all wages due to employees on regular days designated by the employer or agreed upon by the employer and employee. Thirty days' written notice must be given to an employee before regular paydays are altered by an employer.

An employer can only deduct, withhold, or divert a portion of an employee's wages when the employer is required to or may do so by state or federal law or by order of a court of competent jurisdiction or the employer has a written agreement with the employee to deduct, withhold, or divert. Neb. Rev. Stat. 48-1230.

One significant right under the Nebraska Wage Payment Act, is the right to request an itemized statement listing the wages earned and the deductions made from the employee's wages.   Neb. Rev. Stat. 48-1230(2). The employer must provide the statement within ten working days after a written request is made by an employee.  Id.  An employer who fails to furnish an itemized statement requested by an employee is guilty of an infraction as defined in section 29-431 and shall be subject to a fine pursuant to section 29-436. 48-1231(2).

Whenever an employee quits or is terminated in Nebraska, the employer must pay all unpaid wages on the next regular payday or within two weeks of the date of termination, whichever is sooner.

Attorneys Fees under the Nebraska Wage Payment Act

If an employee's claim for wages are not paid within thirty days of the regular payday designated or agreed upon, the employee may bring suit for the unpaid wages. 

If an employee establishes a claim and secures judgment on the claim, the employee is entitled to recover:

(a) the full amount of the judgment and all costs of such suit and 

(b) if such employee has employed an attorney in the case, an amount for attorney's fees assessed by the court.  The fees shall not be less than twenty-five percent of the unpaid wages. 

Penalties under the Nebraska Wage Payment Act

If an employee establishes a claim and secures judgment on the claim the employee is entitled to: (1) An amount equal to the judgment may be recovered from the employer; or

(2) if the nonpayment of wages is found to be willful, an amount equal to two times the amount of unpaid wages shall be recovered from the employer. Neb. Rev. Stat. 48-1232.

If you have questions about whether your employer is properly paying your wages or making odd deductions, contact Madathil Law Office for a free consultation.

Madathil Law Office, LLC
Omaha Employment and Business Lawyer

1625 Farnam Street #830

Omaha, NE 68102

angela@madathil-law.com

http://www.madathil-law.com/

T: 402.577.0686

F: 402.932.9551