(1) An employee having a claim for wages which are not paid within thirty days of the regular payday designated or agreed upon may institute suit for such unpaid wages in the proper court. If an employee establishes a claim and secures judgment on the claim, such employee shall be entitled to recover the full amount of the judgment and all costs of such suit, including reasonable attorney's fees. If the cause is taken to an appellate court and the employee recovers a judgment, the appellate court shall award reasonable attorney's fees to the employee. If the employee fails to recover a judgment in excess of the amount that may have been tendered within thirty days of the regular payday by an employer, such employee shall not recover the attorney's fees provided by this subsection. If the court finds that no reasonable dispute existed as to the fact that wages were owed or as to the amount of such wages, the court may order the employee to pay the employer's attorney's fees and costs of the action as assessed by the court.
(2) If an employee works for an employer that is not subject to the Nebraska Fair Employment Practice Act and such employee is aggrieved by a violation of section 48-1235, the employee may bring a suit against such employer in the proper court to recover the damages sustained by reason of such violation. If an employee prevails in a suit brought pursuant to this subsection, such employee shall be entitled to recover the full amount of the judgment and all costs of such suit, including reasonable attorney's fees. If the cause is taken to an appellate court and the employee recovers a judgment, the appellate court shall award reasonable attorney's fees to the employee.
(3) If an employee institutes suit against an employer under subsection (1) or (2) of this section, any citation that is issued against such employer under section 48-1234 and that relates directly to the facts in dispute shall be admitted into evidence unless specifically excluded by the court. If a citation has been contested as described in subsection (3) of section 48-1234, it shall not be admitted into evidence under this subsection until after such contest has been resolved.
Notes of Decisions
Mays v. Midnite Dreams, Inc., 300 Neb. 485 (Neb. 2018).
· cites it 4× “Therefore, Mays was not entitled to relief under § 48-1231 of the NWPCA. While Mays is still entitled to recover minimum wage benefits under the WHA, the court's decision to grant relief under § 48-1231 affected a substantial right of the appellants by making them liable for…”
Rauscher v. City of Lincoln, 691 N.W.2d 844 (Neb. 2005).
· cites it 10× “With regard to an award of attorney fees, § 48-1231 provides in relevant part as follows: An employee having a claim for wages which are not paid within thirty days of the regular payday designated or agreed upon may institute suit for such unpaid wages in the proper court.”
Fisher v. PayFlex Sys. USA, 829 N.W.2d 703 (Neb. 2013).
· cites it 8× “An appellate court reviews a court’s award of attorney fees under Neb. Rev. Stat. § 48-1231 (Reissue 2010) for abuse of discretion.”
Polly v. Ray D. Hilderman & Co., 407 N.W.2d 751 (Neb. 1987).
· cites it 7× “Judgment was also entered for Polly for mandatory attorney fees of $1,050, pursuant to Neb. Rev. Stat. § 48-1231 (Reissue 1984).”
Brockley v. Lozier Corp., 488 N.W.2d 556 (Neb. 1992).
· cites it 5× “deferred compensation plan was unenforceable, for various reasons, where the clause provided for forfeiture of deferred compensation if a discharged employee obtained employment in a business which competed with the employer; (3) in failing to award certain damages to Brockley;…”
Waite v. AS Battiato Co., Inc., 469 N.W.2d 766 (Neb. 1991).
· cites it 8× “With regard to Waite's appeal from the judgment entered on the yearly bonus issue, Waite assigns as error the actions of the trial court in (1) finding that his claim was not a claim for wages under Neb.Rev.Stat. § 48-1231 (Reissue 1988) and (2) denying his motion for sanctions.”
Hawkins v. City of Omaha, 627 N.W.2d 118 (Neb. 2001).
· cites it 2× “Section 48-1231 of the act provides in relevant part: An employee having a claim for wages which are not paid within thirty days of the regular payday designated or agreed upon may institute suit for such unpaid wages in the proper court.”
Mays v. Midnite Dreams, 300 Neb. 485 (Neb. 2018).
· cites it 4× “Therefore, Mays was not entitled to relief under § 48-1231 of the NWPCA. While Mays is still entitled to recover minimum wage benefits under the WHA, the court’s decision to grant relief under § 48-1231 affected a substantial right of the appellants by making them liable for…”
Smith v. Mark Chrisman Trucking, 829 N.W.2d 717 (Neb. 2013).
“Because I would hold that PayFlex’s PTO is not vaca- tion leave within the meaning of § 48-1229(4), I would find that the employees were not entitled to recover attorney fees under § 48-1231. For these reasons, I would reverse the judgment of the district court in each of these…”
Acklie v. Greater Omaha Packing Co., 306 Neb. 108 (Neb. 2020).
“” The court found that based on Acklie’s claim, pursuant to § 48-1231, he is entitled to costs and attorney fees not less than 25 percent of the damages to be determined at trial.”
— Neb. Rev. Stat. § 48-1231(1) — 5 cases
Mays v. Midnite Dreams, Inc., 300 Neb. 485 (Neb. 2018).
“Therefore, Mays was not entitled to relief under § 48-1231 of the NWPCA. While Mays is still entitled to recover minimum wage benefits under the WHA, the court's decision to grant relief under § 48-1231 affected a substantial right of the appellants by making them liable for…”
Mays v. Midnite Dreams, 300 Neb. 485 (Neb. 2018).
“Therefore, Mays was not entitled to relief under § 48-1231 of the NWPCA. While Mays is still entitled to recover minimum wage benefits under the WHA, the court’s decision to grant relief under § 48-1231 affected a substantial right of the appellants by making them liable for…”
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