Few things are more important to people than receiving their paycheck for the work they have performed. When an employer hires you, they make certain promises regarding your paycheck and have certain obligations they must meet under laws such as Nebraska’s Wage & Hour Act and the Wage Payment & Collection Act.
If you are having trouble getting your paycheck on time or have issues getting the right amount, you can turn to the Nebraska Department of Labor to determine if you have any recourse against your employer.
When Must Paychecks Be Sent Out According to Nebraska Law?
Unlike some states, Nebraska has no law that tells employers how often they need to pay their employees. However, state law does require that employers pay their employees regularly. If you are unsure how often per month you should be paid, you should ask your company to provide you with their policy concerning payment schedule. Alternatively, if you have an employment contract, check it to see if that information is contained there.
You may need to initiate legal action if your employer has violated your previously agreed payment schedule. They may be held legally liable for breaking their promise.
What Happens to My Paycheck If I Am Fired or If I Quit?
When you leave your job, you will be given your final paycheck by the next payday or within two weeks, whichever comes first. The rule is the same regardless of whether you were terminated or if you quit.
Nebraska does not require employers to provide paid vacation or sick days. However, if the company offers such benefits, you are entitled to receive compensation for any unused paid time off when you leave your job. Even if you quit your job, you are entitled to receive payment for your unused vacation days or other paid time off that may be used for vacation, even if you could use the paid time off for sick days instead of vacation time. However, you are not entitled to payment for any unused sick days.
Can My Paycheck Be Garnished Under Nebraska Law?
Wage garnishment is a special arrangement that allows an employer or creditor to access some of an employee’s wages and collect them to pay debt.
An automatic garnishment can be placed on your wages for specific debts, including back child support, defaulted student loans, and back taxes.
For other debts, such as credit card debt or hospital bills, the creditor must sue you in court before wage garnishment can occur. Only after they get a judgment against you giving them the right to deduct the debt from your wages can a creditor garnish your wages for that debt. The employer may send the amounts directly to court; in some cases, they can send the money to a third party, whose role will be to manage the funds and distribute them to the needed parties.
Your employer can also garnish your wages. However, your employer cannot deduct any money from your wages for work-related expenses unless you get written authorization from you to make such a deduction. Imagine that you damaged or lost your employer’s property. Your employer can deduct that cost from your paycheck if you agree.
If you have not, your employer must go through the court process first. Before your income can be garnished, your employer has to sue you for negligence and win a court judgment against you. After they obtain the judgment, your employer will have the authority from the court to have your paycheck garnished until the debt is paid off.
Can I Recover a Withheld Paycheck Under Nebraska Employment Law?
Even if they want to keep your paycheck as collateral for unreturned company property, an employer cannot keep or withhold your paycheck from you. If you do not receive your final paycheck because your employer is holding it as collateral, you can file a lawsuit to recover your wages.
Also, if some of your paycheck is missing or incomplete, you may need to file a wage and hour claim. This is especially important if the paycheck issues have been repeated over time or are an ongoing problem. A wage and hour lawsuit allows the court to review documentation such as pay stubs and work logs to determine the cause of the problem and the appropriate remedy. In most wage and hour claims, the dispute concerns wage rates, overtime pay, hours worked, wage rates, and tips. These can present some complex legal issues that require a professional’s assistance, such as a lawyer.
If many workers have had the same problem with their pay, the lawsuit may be filed as a class action suit. In a class action suit, a group of people with similar complaints band together and sue the defendant as one plaintiff. If the defendant loses, the defendant will have to make a very large payment to cover all owed to the whole group of people.
A class action suit can be very helpful if the amount of money you would individually sue over is not high – particularly, it is not high enough to be economically practical to file your own personal lawsuit. By uniting your claims with your co-workers, the group members share all the costs of bringing a lawsuit, and the amount of damages they can be collectively paid can be very high.
What Else Should I Know About Nebraska’s Paycheck Law?
Your employer can require you to pay for your work tools and related equipment; however, that money cannot be automatically deducted without your consent. Also, an employer cannot make such a deduction from your wages if it would make your paycheck fall below Nebraska’s minimum wage (as of 2023, that is $10.50 per hour).
Employers in Nebraska are prohibited from discriminating against their workers or against candidates for employment. For instance, employers are not allowed to withhold paychecks from an employee solely based on their race, age, sex, religion, national origin, political affiliation, pregnancy status, or based on their medical disability or condition. In cases involving discrimination, filing for a remedy with the Equal Employment Opportunity Commission (EEOC) may be necessary.
Where Can I Find the Right Lawyer for a Paycheck Issue in Nebraska?
If you need help enforcing your paycheck rights in Nebraska, you should consider hiring a Nebraska employment lawyer. An employment lawyer can fight on your behalf for the paycheck amounts you are owed. When you bring them your problem, an experienced local attorney can help you determine your next steps.
Your attorney will advise you regarding what documentation you should collect as evidence and can help you file a complaint with the necessary agencies. Further, should you take private legal action against your employer, your attorney can initiate a civil lawsuit and represent you in court as needed.
