Dealing With Unpaid Wages in Nebraska
My employer hasn't paid me — here's what Nebraska law says and what to do next.
Statute: Neb. Rev. Stat. § 48-1230
Deadline: 14 days
Penalty: Employer may be liable for the unpaid wages plus reasonable attorney fees and costs. The Nebraska Department of Labor may also assess civil penalties
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How Nebraska differs from federal law
Nebraska voters approved Initiative 433 in 2022, raising the minimum wage incrementally:
- $12.00/hr as of January 1, 2024, rising to $15.00/hr by 2026
- Nebraska does not allow a tip credit — tipped employees must be paid the full minimum wage
- There is no separate youth minimum wage in Nebraska
- The ballot measure was approved by a wide margin, overriding the legislature
- No local jurisdictions have enacted higher minimums
Additional steps in Nebraska
File wage complaints with the Nebraska Department of Labor at (402) 471-2239 or online at dol.nebraska.gov.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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Generate your unpaid wages →This page is general legal information for Nebraska, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Nebraska.