There are few things that are more important to people than receiving their paycheck for the work they have performed. When an employer hires you, there are certain promises they make to you regarding your paycheck and 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 with getting your paycheck on time or if you 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?
Nebraska does not have a law that tells employers how often they need to pay their employees. However, state law does require that employers pay their employees on a regular basis. If you are unsure of how often per month you should be paid, you should ask your company to provide you with their payment schedule. Alternatively, you may reread your contract if that information is contained there.
If your employer has committed a violation with regards to your previously agreed payment schedule, then you may need to initiate legal action. For instance, if they have violated a contract term with regards to payment timing, then they may be legally liable for the conduct.
What Happens to My Paycheck If I Am Fired in Nebraska?
When you leave your job, you should be given your final paycheck either by the next payday or within two weeks, whichever comes first. The rule is the same regardless if you were terminated or if you quit.
The state of Nebraska does not require jobs to provide paid vacation or sick days. However, if the company does offer such benefits, then you are entitled to receive compensation for any unused paid time off when you leave your job. This does not include paid time off that is designated only for sick leave.
You do not receive any money for unused sick days that you have earned. 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 had the option to use the paid time off for sick days instead of vacation time.
Can My Paycheck Be Garnished Under Nebraska Law?
Wage garnishment is when an employer becomes authorized to take some of an employee’s paycheck, to be used for their outstanding debt payment. For instance, if you owe money for overdue child support, taxes, or student loans then that amount can be garnished from your paycheck even without a court judgment authorizing garnishment.
For other debts, the creditor must sue you in court first. It is only after they get a judgment against you giving them the right to deduct the debt from your wages that a creditor can 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 it will be to manage the funds and distribute them to the needed parties.
Your employer is not allowed to deduct any money from your wages for work-related expenses unless they get written authorization from you to make said deduction. Thus, if you cause damage to property while working, your employer can only take that money out of your paycheck if you agree in writing to let them do so.
Can I Recover a Withheld Paycheck Under Nebraska Employment Law?
An employer is not allowed to keep or withhold your paycheck from you, even if they want to keep it as collateral for unreturned property. If you are not receiving your paycheck as per your regular pay schedule, then 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. A wage and hour lawsuit allows the courts to review documentation such as work logs and pay stubs to determine the correct remedy for the employee.
In most wage and hour claims, the dispute has to do with hours worked, wage rates, or other issues such as overtime pay and tips. These can present some complex legal issues that require the assistance of a professional.
What Else Should I Know About Nebraska’s Paycheck Law?
Your employer can require you to pay for your own work tools and related equipment; however, that money cannot be automatically deducted from your paycheck 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 January 2019, it is $9.00/hour).
Lastly, there may be other issues that can arise in connection with specific items listed in the employment contract. These can also involve paycheck schedules and other similar issues. In order to avoid employment contract disputes, it may be necessary to work with a lawyer who can review the contract terms.
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 help you understand and resolve your issues with your employer regarding your paycheck and aid you in obtaining the wages to which you are entitled.