(1) Except as otherwise provided in this section, each employer
shall pay all wages due its employees on regular days designated by the employer
or agreed upon by the employer and employee. Thirty days' written notice shall
be given to an employee before regular paydays are altered by an employer.
An employer may deduct, withhold, or divert a portion of an employee's wages
only 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.
(2) On each regular payday, the employer
shall deliver or make available to each employee, by mail or electronically,
or shall provide at the employee's normal place of employment during employment
hours for all shifts a wage statement showing, at a minimum, the identity
of the employer, the hours for which the employee was paid, the wages earned
by the employee, and deductions made for the employee. However, the employer
need not provide information on hours worked for employees who are exempt
from overtime under the federal Fair Labor Standards Act of 1938, under 29
C.F.R. part 541, unless the employer has established a policy or practice
of paying to or on behalf of exempt employees overtime, or bonus or a payment
based on hours worked, whereupon the employer shall send or otherwise provide
a statement to the exempt employees showing the hours the employee worked
or the payments made to the employee by the employer, as applicable.
(3) When an employer elects to pay wages with a payroll
debit card, the employer shall comply with the compulsory-use requirements
prescribed in 15 U.S.C. 1693k. Additionally, the employer shall allow an employee
at least one means of fund access withdrawal per pay period, but not more
frequently than once per week, at no cost to the employee for an amount up
to and including the total amount of the employee's net wages, as stated on
the employee's earnings statement. An employer shall not require an employee
to pay any fees or costs incurred by the employer in connection with paying
wages with a payroll debit card.
(4) Except as otherwise provided in section 48-1230.01:
(a) Whenever an employer, other than a political subdivision,
separates an employee from the payroll, the unpaid wages shall become due
on the next regular payday or within two weeks of the date of termination,
whichever is sooner; and
(b) Whenever a political subdivision separates an employee
from the payroll, the unpaid wages shall become due within two weeks of the
next regularly scheduled meeting of the governing body of the political subdivision
if such employee is separated from the payroll at least one week prior to
such meeting, or if an employee of a political subdivision is separated from
the payroll less than one week prior to the next regularly scheduled meeting
of the governing body of the political subdivision, the unpaid wages shall
be due within two weeks of the following regularly scheduled meeting of the
governing body of the political subdivision.
Notes of Decisions
Fisher v. PayFlex Sys. USA, 829 N.W.2d 703 (Neb. 2013).
· cites it 2× “4 But we independently review questions of law decided by a lower court.”
Drought v. Marsh, 304 Neb. 860 (Neb. 2020).
“, a wage that must be paid upon separation of employment.”
Timberlake v. Douglas Cnty., 291 Neb. 387 (Neb. 2015).
· cites it 2× “” Section 48-1230(1) provides that unless otherwise stated in the act, “each employer shall pay all wages due its employees on regular days designated by the employer or agreed upon by the employer and employee.”
Malone v. Am. Bus. Info., 634 N.W.2d 788 (Neb. 2001).
· cites it 2× “” § 48-1230. The act places certain restrictions upon the employer’s right to deduct, withhold, or divert a portion of an employee’s wages, and specifies when unpaid wages are due following an employee’s separation from the payroll.”
Heimbouch v. Victorio Ins. Serv., Inc., 369 N.W.2d 620 (Neb. 1985).
· cites it 2× “Section 48-1230 of the act provides in part: An employer may deduct, withhold, or divert a portion of an employee’s wages only 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…”
Rudolf v. Tombstone Pizza Corp., 333 N.W.2d 673 (Neb. 1983).
· cites it 2× “Section 48-1230 of the act requires a written agreement before an employer may deduct, withhold, or divert an employee’s wages.”
Mays v. Midnite Dreams, 300 Neb. 485 (Neb. 2018).
“”54 Under the NWPCA, “[a]n employee having a claim for wages which are not paid within thirty days of the 54 § 48-1230(1). - 507 - Nebraska Supreme Court A dvance Sheets 300 Nebraska R eports MAYS v.”
Loves v. World Ins. Co., 758 N.W.2d 640 (Neb. 2008).
“[8] § 48-1230(2)(a). [9] § 48-1229(3). [10] § 48-1229(4) (emphasis supplied).”
Hoagbin v. Sch. Dist. No. 28-0017, 984 N.W.2d 305 (Neb. 2023).
“” § 48-1230(1). An employee may sue his or her employer if the employer fails to pay the employee’s wages as they become due.”
LOVES v. World Ins. Co., 773 N.W.2d 348 (Neb. 2009).
“In this case, the agreement of the parties at the time of Loves' retirement, as reflected in the employee handbook, contemplated a benefit of this nature. Loves did not con-tend that she was entitled to the value of sick leave based on a qualifying illness or injury, and she did…”
— Neb. Rev. Stat. § 48-1230(1) — 5 cases
Timberlake v. Douglas Cnty., 291 Neb. 387 (Neb. 2015).
“” Section 48-1230(1) provides that unless otherwise stated in the act, “each employer shall pay all wages due its employees on regular days designated by the employer or agreed upon by the employer and employee.”
Mays v. Midnite Dreams, 300 Neb. 485 (Neb. 2018).
“”54 Under the NWPCA, “[a]n employee having a claim for wages which are not paid within thirty days of the 54 § 48-1230(1). - 507 - Nebraska Supreme Court A dvance Sheets 300 Nebraska R eports MAYS v.”
Hoagbin v. Sch. Dist. No. 28-0017, 984 N.W.2d 305 (Neb. 2023).
“” § 48-1230(1). An employee may sue his or her employer if the employer fails to pay the employee’s wages as they become due.”
— Neb. Rev. Stat. § 48-1230(2)(a) — 1 case
Loves v. World Ins. Co., 758 N.W.2d 640 (Neb. 2008).
“[8] § 48-1230(2)(a). [9] § 48-1229(3). [10] § 48-1229(4) (emphasis supplied).”
— Neb. Rev. Stat. § 48-1230(3)(a) — 1 case
Fisher v. PayFlex Sys. USA, 829 N.W.2d 703 (Neb. 2013).
“4 But we independently review questions of law decided by a lower court.”
— Neb. Rev. Stat. § 48-1230(4)(a) — 2 cases
Drought v. Marsh, 304 Neb. 860 (Neb. 2020).
“, a wage that must be paid upon separation of employment.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.