I’ve been fired. Can an attorney help me?

Nebraska is an employment at will state. Generally an employer can fire you for any reason and the employee can’t do anything about it. Usually an attorney can’t help you when you lose your job. However, an attorney maybe able to help you in the following circumstances:
1) Were you fired because of discrimination based on […]

Overtime Wage Claims

The Fair Labor Standards Act (FLSA) requires employers to pay overtime wages to employees, who are eligible for such wages. Not all employees are entitled to overtime pay because the FLSA provides exemptions. Whether an employee is exempt or nonexempt usually depends on 1) how much the employee is paid, 2) how the employee is paid and 3) the type […]

No “Reasonable Dispute” Defense in Wage Claims

The Nebraska Wage Payment and Collection Act (Neb. Rev. Stat. §§ 48-1228 -48-1234) provides that an employee has a wage claim, when wages are earned but not paid within thirty days of the regular payday designated. Wages include compensation for labor or services rendered, fringe benefits and unused vacation. The amount can be determined by time, fee, […]

Post Shift Security Screenings Not Compensable

The United States Supreme Court has ruled that the time spent waiting to undergo end of shift security screenings are not compensable under the Fair Labor Standards Act (FLSA). Under the FLSA an activity is compensable if the activity is integral and indispensable to the principal activities that the employee is hired to perform.  The Court stated that for the […]

Nebraska Legislature – Proposed Bills Could Affect Employers Withholding Wages

Two Nebraska bills have been proposed which would hold employers more accountable for withholding employee wages and provide employees with more protection. The Business and Labor Committee held hearings on LB 177 and LB 560 on February 4 and has not yet taken further action.
Senator Jim Smith introduced LB 177 which proposes to allow […]

By |February 8th, 2013|News|0 Comments

Another PTO payout challenge under the Nebraska Wage Payment and Collection Act

Nebraska employers know that unused vacation time must be paid out to an employee within two weeks of termination, or on the net regular payday, whichever is sooner.  In 2008, a judge of the Lancaster County Court applied that payout requirement to paid time off (PTO) as well, but the decision was overturned on appeal to […]