As an employer in Nebraska, you're required to comply with the Nebraska Wage Payment and Collection Act. This law sets clear guidelines for paying employees and handling wage disputes.
Employers must pay employees at least twice a month, on regular paydays designated in advance.
The act also requires employers to provide employees with a written statement of wages, including the amount of wages paid and the basis for calculating wages. This statement must be given to employees at the time of payment.
Employers must pay employees for all hours worked, including overtime, and provide accurate records of hours worked and wages paid.
Payment Frequency and Manner
In Nebraska, employers must establish regular pay days for employees, giving them 30 days' notice if they want to change the pay day. This ensures that employees know exactly when to expect their paycheck.
Employers must provide employees with 30 days' notice of any change in pay day. This helps employees plan their finances accordingly.
Nebraska allows employers to pay employees by payroll debit cards, giving employees the option to receive their wages electronically. This is a convenient option for both employers and employees.
Employers are not restricted to paying employees by payroll debit cards only, and can also pay by direct deposit. This flexibility allows employers to choose the payment method that best suits their business needs.
Commission and Separation
If you're an employee in Nebraska, it's essential to know how commission payments work in case you separate from your job.
Upon separation from employment, an employer must pay an employee commissions on the next regular payday following the employer's receipt of payment for the goods or services from which the commission was generated.
If you're fired, discharged, or laid off, your employer must pay you all wages due, except commission, on the next regular payday or within two weeks, whichever is sooner.
You're entitled to a periodic accounting of outstanding commissions until all commissions have been paid or the orders have been returned or canceled by the customer.
Commission Payment Upon Separation
When an employee separates from a job, they can expect to receive payment for outstanding commissions.
Employers must pay commissions on the next regular payday following their receipt of payment from the customer. This ensures that employees receive their hard-earned commissions in a timely manner.
Employers must also provide employees with a periodic accounting of outstanding commissions until all commissions have been paid or the orders have been returned or canceled by the customer. This transparency is essential for employees to track their commissions and plan their finances accordingly.
In Nebraska, the law requires employers to pay employees all wages due, except commission, within two weeks of separation. This means that employers have a limited timeframe to settle any outstanding commission payments.
Employees Suspended or Resign Due to Labor Dispute
If an employee is suspended or resigns due to a labor dispute, an employer should pay the employee all wages due, except commission, on the next regular payday or within two weeks, whichever is sooner.
In Nebraska, there is no specific law that addresses payment of wages to an employee who leaves employment due to a labor dispute. However, employers should still follow the guidelines outlined in NE Statute 48-1230.
This means that employers should prioritize paying employees their due wages, even in situations where there is a labor dispute.
Wage Disputes and Deductions
In Nebraska, wages in dispute can be a real challenge for employees. Nebraska does not have any laws requiring an employer to pay an employee wages conceded to be due when involved in a wage dispute with the employee.
An employer can only deduct certain items from an employee's paycheck if the employee has given written consent. These items include cash shortages, breakage, damage, or loss of the employer's property, required uniforms, required tools, and other items necessary for employment.
Here are some examples of deductions that require written consent:
- Cash shortages
- Breakage, damage, or loss of the employer's property
- Required uniforms
- Required tools
- Other items necessary for employment
Employers may not withhold or deduct wages from an employee's paycheck unless permitted to do so by state or federal law, required to do so, or the employee has given written consent.
Payroll Card
In Nebraska, employers can pay employees by payroll debit cards, but they must follow specific rules.
To comply, employers must allow employees to access their funds at least once per pay period, but no more frequently than once a week, without incurring any costs.
Employers can't require employees to pay fees or costs related to paying wages with a payroll debit card.
Here are the specific requirements for using payroll debit cards:
- Comply with the compulsory-use requirements in 15 U.S.C. 1693k
- Allow employees to withdraw their net wages, up to the total amount on their earnings statement, at no cost
- Don't require employees to pay fees or costs incurred by the employer
Wages in Dispute
In Nebraska, wages in dispute can be a tricky issue. Nebraska does not have any laws requiring an employer to pay an employee wages conceded to be due when involved in a wage dispute with the employee.
This means that if you're having a dispute with your employer over wages, they're not automatically obligated to pay you what you think you're owed. However, this doesn't mean you're out of luck - there may be other options available to you.
Employers in Nebraska are only required to pay employees all wages due, except commission, on the next regular payday or within two weeks, whichever is sooner, if the employee leaves due to a labor dispute.
Employment and Record Keeping
Employers in Nebraska are required to keep accurate records of their employees' work history.
An employer must make, keep, and maintain, for a period of at least four calendar years, records of each worker's information.
These records include details about each worker, which must be maintained for at least four years.
According to NE Statute 48-1225 and Neb. Admin. Code 221, the employer's record keeping responsibilities are outlined.
Here is a summary of the required records:
- For each worker:
- In General:
Note that these records must be maintained for a minimum of four years, as specified by law.
Employment Requirements
Employment Requirements can be a bit tricky, but understanding what's expected of you can make a big difference. An employer can require you to pay for a uniform, tools, or other necessary equipment, but they must get your written consent to deduct the costs from your wages.
If an employer wants to deduct costs from your wages, they need to obtain your written consent first. This is a law that's in place to protect employees.
In some cases, employers may require you to provide your own equipment or tools for work, but they must clearly communicate what's expected of you. This can help avoid any confusion or misunderstandings down the line.
NE Statute 48-1230 specifically states that an employer must obtain an employee's written consent to deduct costs from their wages. This is an important law to know, especially if you're new to a job or industry.
Record Keeping Requirements
As an employer in Nebraska, you're required to keep accurate records of your employees' information. This includes records for each worker, which must be maintained for at least four calendar years.
You'll need to keep track of various details, but don't worry, I'll break it down for you. NE Statute 48-1225 and Neb. Admin. Code 221 are the laws that govern this requirement.
Here are the specific records you'll need to keep:
- Records for each worker
By following these guidelines, you'll be well on your way to maintaining compliant records. This will not only help you stay on the right side of the law but also provide valuable insights into your workforce.
Frequently Asked Questions
What is the statute of limitations on wage payments in Nebraska?
In Nebraska, the statute of limitations for pursuing a wage payment claim is typically 2 years, but can be up to 3 years if the employer's actions were willful and intentional.
What is the payday law in Nebraska?
In Nebraska, employers must pay employees on designated regular paydays, which can be changed only with 30 days' written notice to the employee. This ensures a predictable and stable payment schedule for employees.
Sources
- https://www.employmentlawhandbook.com/employment-and-labor-laws/states/nebraska/wage-payment/
- https://nebraskalegislature.gov/laws/statutes.php
- https://eslaw.com/news-blog/2016/11/23/late-paycheck-or-unpaid-or-withheld-wages-nebraska-laws-might-be-on-your-side-fawje
- https://jsberrylaw.com/blog/nebraska-wage-payment-and-collection-act-what-employers-need-to-know/
- https://www.koleyjessen.com/insights/publications/nebraska-supreme-court-holds-that-pto-must-be-paid-out-upon-termination
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