State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter48 > 48-1230

48-1230. Employer; regularpaydays; altered; notice; deduct, withhold, or divert portion of wages; when; itemized statement; duty of employer tofurnish; unpaid wages; when due.(1)Except as otherwise provided in this section, each employer shall pay allwages due its employees on regular days designated by the employer or agreedupon by the employer and employee. Thirty days' written notice shall be givento an employee before regular paydays are altered by an employer. An employermay deduct, withhold, or divert a portion of an employee's wages only whenthe employer is required to or may do so by state or federal law or by orderof a court of competent jurisdiction or the employer has written agreementwith the employee to deduct, withhold, or divert.(2) Withinten working days after a written request is made by an employee, an employershall furnish such employee with an itemized statement listing the wages earnedand the deductions made from the employee's wages under subsection (1) ofthis section for each pay period that earnings and deductions were made. Thestatement may be in print or electronic format.(3) 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 dueon the next regular payday or within two weeks of the date of termination,whichever is sooner; and(b) Whenever a political subdivision separates an employeefrom the payroll, the unpaid wages shall become due within two weeks of thenext regularly scheduled meeting of the governing body of the political subdivisionif such employee is separated from the payroll at least one week prior tosuch meeting, or if an employee of a political subdivision is separated fromthe payroll less than one week prior to the next regularly scheduled meetingof the governing body of the political subdivision, the unpaid wages shallbe due within two weeks of the following regularly scheduled meeting of thegoverning body of the political subdivision. SourceLaws 1977, LB 220A, § 3; Laws 1988, LB 1130, § 2; Laws 2007, LB255, § 3; Laws 2010, LB884, § 2.AnnotationsThe Nebraska Wage Payment and Collection Act does not represent a very clear mandate of public policy which would warrant recognition of an exception to the employment-at-will doctrine. Malone v. American Bus. Info., 262 Neb. 733, 634 N.W.2d 788 (2001).Application of the Wage Payment and Collection Act does not affect the need to satisfy the requisites of pursuing a claim against a city of the metropolitan class. Thompson v. City of Omaha, 235 Neb. 346, 455 N.W.2d 538 (1990).