Nebraska Wage Payment Laws
- Frequency of wage payments
- Manner of wage payments
- Direct deposit
- Payment upon separation from employment
- Wage in dispute
- Deductions from wages
- Uniforms, tools, and other equipment necessary for employment
- Pre-hire medical, physical, or drug tests
- Notice of wage reduction
- Statement of wages (pay stubs)
- Record keeping requirements
- Notice requirements
Frequency of Wage Payments
An employer must establish regular pay days on which employees receive their pay check. An employer must give an employee thirty (30) days notice of any change in the pay day. Nebraska Stat. 48-1230
Manner of Wage Payments
Nebraska does not have any laws dictating how an employer must pay employees their wages. This means an employer can likely pay employee by direct deposit.
Nebraska does not have any laws regarding the payment of wages by direct deposit. This means an employer can likely pay employee by direct deposit.
Payment upon Separation from Employment
Employees who are fired, discharged, terminated, or laid off
When an employer discharges or lays off an employee, the employer must pay the employee all wages due, except commission, on the next regular payday or with in two (2) weeks, whichever is sooner. Nebraska Stat. 48-1230
Employees who quit or resign
When an employee quits, the employer must pay the employee all wages due, except commission, on the next regular payday or with in two (2) weeks, whichever is sooner. Nebraska Stat. 48-1230
Employees who are suspended or resigns due to a labor dispute (strike)
Nebraska does not have a law specifically addressing the payment of wages to an employee who leaves employment due to a labor dispute, however, to ensure compliance with known laws, an employer should pay employee all wages due, except commission, on the next regular payday or with in two (2) weeks, whichever is sooner. Nebraska Stat. 48-1230
Payment of commissions upon separation from employment
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 the which the commission was generated. The employer must provide an employee with a periodic accounting of outstanding commissions until all commissions have been paid or the orders have been returned or canceled by the customer. Nebraska Stat. 48-1230.1
Wages in Dispute
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.
Deductions from Wages
An employer can only deduct the following items from an employee’s pay check if the employee has consented to the deduction in writing:
- cash shortages
- breakage, damage, or loss of the employer’s property
- required uniforms
- required tools
- other items necessary for employment
An employer 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.
Uniforms, Tools, and Other Equipment Necessary for Employment
There is no law that prohibits an employer from requiring an employee to pay for a uniform, tools, or other necessary times. An employer must obtain an employee’s written consent to deduct the costs from the employee’s wages. Nebraska Stat. 48-1230
Pre-hire Medical, Physical, or Drug Tests
An employer may not require an applicant for employment to pay the cost of a medical examination as a condition of employment. Nebraska Stat. 48-221
Notice of Wage Reduction
Nebraska does not have any laws addressing when or how an employer may reduce an employees wages or whether an employer must provide employees notice prior to instituting a wage reduction. An employer must give an employee 30 days notice of any change in the pay day. Nebraska Stat. 48-1230
Statement of Wages (Pay Stub)
Nebraska does not have any laws requiring employers to provide employees at the time of payment any notice of wages paid, wage rates, deductions, or other wage payment information.
Record Keeping Requirements
An employer must make, keep, and maintain, for a period of at least four calendar years, record of:
- For each worker:
- Social security account number;
- Residence (by State);
- Nature of services and place or places in which services are performed and, if there is more than one such place, the worker’s base of operations or, if none, place of direction or control;
- Date on which the worker was hired, rehired, or returned to work after temporary layoff and date separated from work and reasons therefor.
- The gross remuneration paid for the worker’s services and period for which paid, showing separately:
- Cash remuneration, including special payments;
- Reasonable cash value of remuneration in any medium other than cash including special payments; and
- Amounts paid him as allowance or reimbursement for traveling or other business expenses.
- In General:
- Beginning and ending dates of each pay period;
- Total amount of remuneration and the total amount paid in each calendar quarter; and
- Date in each calendar week on which there was largest number of workers employed and number of such workers.
An employer must give an employee thirty (30) days notice of any change in the pay day. Nebraska Stat. 48-1230