Nebraska § 48-1230 Employer; regular
paydays; altered; notice; deduct, withhold, or divert portion of wages; when; wage statement;
use of payroll debit card; conditions; unpaid wages; when due

Nebraska Statutes

§ 48-1230 — Employer; regular paydays; altered; notice; deduct, withhold, or divert portion of wages; when; wage statement; use of payroll debit card; conditions; unpaid wages; when due

Nebraska § 48-1230

Ch. 48Labor

This text of Nebraska § 48-1230 (Employer; regular paydays; altered; notice; deduct, withhold, or divert portion of wages; when; wage statement; use of payroll debit card; conditions; unpaid wages; when due) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 48-1230 (2026).

Text

(1)Except as otherwise provided in this section, each employer shall pay all wages due its employees on regular days designated by the employer or agreed upon by the employer and employee. Thirty days' written notice shall be given to an employee before regular paydays are altered by an employer. An employer may deduct, withhold, or divert a portion of an employee's wages only when the employer is required to or may do so by state or federal law or by order of a court of competent jurisdiction or the employer has a written agreement with the employee to deduct, withhold, or divert.

(2)On each regular payday, the employer shall deliver or make available to each employee, by mail or electronically, or shall provide at the employee's normal place of employment during employment hours for al

Free access — add to your briefcase to read the full text and ask questions with AI

(1) Except as otherwise provided in this section, each employer
shall pay all wages due its employees on regular days designated by the employer
or agreed upon by the employer and employee. Thirty days' written notice shall
be given to an employee before regular paydays are altered by an employer.
An employer may deduct, withhold, or divert a portion of an employee's wages
only when the employer is required to or may do so by state or federal law
or by order of a court of competent jurisdiction or the employer has a written agreement with the
employee to deduct, withhold, or divert.
(2) On each regular payday, the employer
shall deliver or make available to each employee, by mail or electronically,
or shall provide at the employee's normal place of employment during employment
hours for all shifts a wage statement showing, at a minimum, the identity
of the employer, the hours for which the employee was paid, the wages earned
by the employee, and deductions made for the employee. However, the employer
need not provide information on hours worked for employees who are exempt
from overtime under the federal Fair Labor Standards Act of 1938, under 29
C.F.R. part 541, unless the employer has established a policy or practice
of paying to or on behalf of exempt employees overtime, or bonus or a payment
based on hours worked, whereupon the employer shall send or otherwise provide
a statement to the exempt employees showing the hours the employee worked
or the payments made to the employee by the employer, as applicable.
(3) When an employer elects to pay wages with a payroll
debit card, the employer shall comply with the compulsory-use requirements
prescribed in 15 U.S.C. 1693k. Additionally, the employer shall allow an employee
at least one means of fund access withdrawal per pay period, but not more
frequently than once per week, at no cost to the employee for an amount up
to and including the total amount of the employee's net wages, as stated on
the employee's earnings statement. An employer shall not require an employee
to pay any fees or costs incurred by the employer in connection with paying
wages with a payroll debit card.
(4) 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 due
on the next regular payday or within two weeks of the date of termination,
whichever is sooner; and
(b) Whenever a political subdivision separates an employee
from the payroll, the unpaid wages shall become due within two weeks of the
next regularly scheduled meeting of the governing body of the political subdivision
if such employee is separated from the payroll at least one week prior to
such meeting, or if an employee of a political subdivision is separated from
the payroll less than one week prior to the next regularly scheduled meeting
of the governing body of the political subdivision, the unpaid wages shall
be due within two weeks of the following regularly scheduled meeting of the
governing body of the political subdivision.

Legislative History

Source: Laws 1977, LB 220A, § 3; Laws 1988, LB 1130, § 2; Laws 2007, LB255, § 3; Laws 2010, LB884, § 2; Laws 2014, LB560, § 4; Laws 2014, LB765, § 2. Annotations: Under the Nebraska Wage Payment and Collection Act, the right to payment of wages arises from the contract between the parties; the act does not create an individual statutory right to receive wages. Hoagbin v. School Dist. No. 28-0017, 313 Neb. 397, 984 N.W.2d 305 (2023). The 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).