Nebraska Revised Statutes
Neb. Rev. Stat. § 48-1232 (2026)
Employee; claim; judgment; additional recovery from employer; when
✓ current as of July 2026
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If an employee establishes a claim and secures judgment on such claim under subsection (1) of section 48-1231: (1) An amount equal to the judgment may be recovered from the employer; or (2) if the nonpayment of wages is found to be willful, an amount equal to two times the amount of unpaid wages shall be recovered from the employer. Any amount recovered pursuant to subdivision (1) or (2) of this section shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1983–2025 · leading case: Law Offices of Ronald J. Palagi v. Howard, 747 N.W.2d 1 (Neb. 2008).
Law Offices of Ronald J. Palagi v. Howard, 747 N.W.2d 1 (Neb. 2008). “Although the jury resolved this issue in Howard's favor, we conclude that the district court did not abuse its discretion in declining to order Law Offices to pay an amount to the common schools fund under § 48-1232. (d) Breach of Fiduciary Duty In its cross-appeal, Law Offices…”
Mays v. Midnite Dreams, Inc., 300 Neb. 485 (Neb. 2018). “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 attorney fees from this appeal and requiring them to defend against the…”
Kinney v. H.P. Smith Ford, L.L.C., 667 N.W.2d 529 (Neb. 2003). “Pursuant to § 48-1232, *594 the court ordered H.P. Smith to pay $1,000 into a fund to be distributed to the common schools of the State of Nebraska.”
Suess v. Lee Sapp Leasing, Inc., 428 N.W.2d 899 (Neb. 1988). “86 plus interest as wages for 1984; and attorney fees in the amount of $12,495.67, for a total amount of $57,730.39, including interest.”
Tracy v. Tracy, 581 N.W.2d 96 (Neb. Ct. App. 1998). “As a result, they argue that they are entitled to an award of attorney fees pursuant to § 48-1231 and “a penalty of two times the [amount of the unpaid] wages” for willful conduct pursuant to § 48-1232. Section 48-1231 provides that an employee having a claim for wages that have…”
Waite v. AS Battiato Co., Inc., 469 N.W.2d 766 (Neb. 1991). “Waite contends that § 48-1231 (Reissue 1988) entitles him to minimum attorney fees of 25 percent of the judgment on the yearly bonus issue, plus 25 percent of the judgment on appeal.”
Malone v. Am. Bus. Info., 634 N.W.2d 788 (Neb. 2001). “The act also permits an employee to bring suit on a claim for wages which are not paid in a timely fashion and, if successful in prosecuting such a claim, to recover attorney fees. § 48-1231. In such an action, an amount equal to the unpaid wages, or an amount equal to two times…”
Mays v. Midnite Dreams, 300 Neb. 485 (Neb. 2018). “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 attorney fees from this appeal and requiring them to defend against the…”
Morris v. Rochester Midland Corp., 612 N.W.2d 921 (Neb. 2000). “Morris assigns, on cross-appeal, the district court’s error in failing to assess either an amount equal to the judgment or two times the amount of the judgment pursuant to § 48-1232. STANDARD OF REVIEW With regard to the overruling of a motion for directed verdict made at the…”
Rudolf v. Tombstone Pizza Corp., 333 N.W.2d 673 (Neb. 1983). “19 to the clerk to be distributed to the common schools of the State of Nebraska as provided in § 48-1232. The counterclaim was dismissed.”
Freeman v. Cent. States Health & Life Co., 515 N.W.2d 131 (Neb. Ct. App. 1994). “See § 48-1232. Central States denied that there was a contract or that the monthly salary was intended to compensate.”
Stowell v. Action Moving & Storage, Inc., 2007 VT 46 (Vt. 2007). “§§ 23:631, 23:632; Neb. Rev. Stat. § 48-1232 ; N.H. Rev. Stat.”
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