Nebraska · Unpaid wages · Updated Oct 2026
Nebraska wage claims: how to get your unpaid pay
Not paid for all your hours, no overtime, or no final paycheck? Here is Nebraska’s minimum wage, the final-paycheck rules, the deadlines and where to file, in plain English.
Where to file in Nebraska
Wage claims in Nebraska go to this state office. Filing is usually free.
- Office
- Nebraska Department of Labor, Office of Labor Standards
- Phone
- 402-471-2239
For federal minimum wage and overtime you can also contact the US Department of Labor, Wage and Hour Division: 1-866-487-9243. How federal claims work.
How to file a wage claim in Nebraska
Gather your records
Dates and hours worked, your pay rate, pay stubs or bank deposits, texts or schedules, and the employer's name and address.
Ask in writing first (optional)
A demand letter gives your employer a deadline to pay and shows you tried. Use the free letter on this page.
File with Nebraska Department of Labor
You file a wage complaint online with the Nebraska Department of Labor (NDOL), Office of Labor Standards. The form covers past-due or unpaid wages, unauthorized deductions, minimum-wage violations and other paycheck problems. NDOL contacts your employer, can investigate and issue a citation, and can collect money for you. Filing is free. You can also sue your employer in court if your wages are not paid within 30 days of the regular payday.
Minimum wage and overtime in Nebraska
Nebraska's minimum wage is $15.00 an hour since January 1, 2026 (Neb. Rev. Stat. § 48-1203). Since July 18, 2026, employers may pay a lower youth minimum wage of $13.50 an hour to workers who are 14 or 15 and not emancipated. Under the 2026 law (LB 258), the adult rate rises by 1.75% every January 1, starting January 1, 2027. NDOL must publish each new rate by October 15. Student-learners in a real vocational training program may be paid 75% of the minimum.
- Minimum wage (2026)
- $15.00
- Tipped cash wage
- $2.13
- Next change
- Rises 1.75% on January 1, 2027 (Neb. Rev. Stat. § 48-1203(2)); NDOL publishes the exact rate
Overtime
Nebraska has no state overtime law of its own. NDOL sends overtime questions to the US Department of Labor. Under federal law (FLSA), most hourly workers get 1.5 times their regular pay for hours over 40 in a workweek. Nebraska has no daily overtime.
Paydays: Your employer must pay all wages on regular paydays that it sets or agrees with you, and must give 30 days' written notice before changing paydays. State law sets no minimum number of paydays per month (Neb. Rev. Stat. § 48-1230(1)).
Your final paycheck in Nebraska
- If you are fired or laid off
- Your final pay is due on the next regular payday or within two weeks of the date you leave, whichever comes first.
- If you quit
- Same rule: the next regular payday or within two weeks, whichever comes first. Earned but unused vacation must also be paid.
- Law
- Neb. Rev. Stat. § 48-1230(4); § 48-1229(6)
When was your final paycheck due in Nebraska?
Enter how your job ended and your last day of work. We show your state’s rule and, when the rule is a simple number of days or your next payday, the date.
Penalties your employer may owe
If you sue and win, the court awards your unpaid wages plus court costs and reasonable attorney's fees (Neb. Rev. Stat. § 48-1231). The employer may also have to pay an extra amount equal to the judgment, or two times the unpaid wages if the nonpayment was willful. That extra money goes to the State Treasurer for public schools, not to you (§ 48-1232). NDOL can fine the employer up to $500 for a first violation and up to $5,000 for later violations (§ 48-1234). For minimum-wage suits, you pay no filing fee and the court awards attorney's fees (§ 48-1206).
Retaliation and immigration status
Your employer may not retaliate or discriminate against you for filing a wage complaint or lawsuit, or for testifying or helping in an investigation (Neb. Rev. Stat. § 48-1235). If your employer is not covered by the Nebraska Fair Employment Practice Act, you can sue for damages and attorney's fees (§ 48-1231(2)).
Federal law also makes it illegal to fire or punish you for filing a wage complaint or cooperating in an investigation (US DOL Fact Sheet #77A).
The US Department of Labor’s Wage and Hour Division enforces federal wage law without regard to immigration status, and its services are free and confidential whether you are documented or not (US DOL).
Deductions and tips
Your employer may take money out of your pay only when the law or a court order requires or allows it, or when you agreed in writing (Neb. Rev. Stat. § 48-1230(1)). NDOL says deductions cannot drop you below minimum wage. Tipped workers may be paid $2.13 an hour, but wages plus tips must reach the full minimum wage, and the employer must make up any difference (§ 48-1203(3)).
Good to know in Nebraska
- Earned but unused vacation counts as wages and must be paid when you leave (Neb. Rev. Stat. § 48-1229(6)). NDOL's Wages Fact Sheet says the same for earned but unused PTO.
- Commissions on orders delivered or on file when you leave are wages due to you, unless your contract says otherwise (Neb. Rev. Stat. § 48-1229(6)).
- If you are paid by payroll debit card, you get at least one free withdrawal of your full net pay each pay period (Neb. Rev. Stat. § 48-1230(3)).
Forms
Wage-theft calculator for Nebraska
Work out what you should have been paid: at least the minimum wage for every hour, plus overtime. Then compare it with what you got.
Free demand letter for unpaid wages
A short, firm letter asking your employer to pay what it owes by a deadline. Many workers get paid at this step, and in some states a written demand starts penalties or makes the employer pay your attorney fees later. Fill this in, then download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail or an email you keep.
Questions about wage claims in Nebraska
Where do I file a wage claim in Nebraska?
With Nebraska Department of Labor, Office of Labor Standards. Phone: 402-471-2239. You file a wage complaint online with the Nebraska Department of Labor (NDOL), Office of Labor Standards. The form covers past-due or unpaid wages, unauthorized deductions, minimum-wage violations and other paycheck problems. NDOL contacts your employer, can investigate and issue a citation, and can collect money for you. Filing is free. You can also sue your employer in court if your wages are not paid within 30 days of the regular payday.
What is the minimum wage in Nebraska in 2026?
Nebraska's minimum wage is $15.00 an hour since January 1, 2026 (Neb. Rev. Stat. § 48-1203). Since July 18, 2026, employers may pay a lower youth minimum wage of $13.50 an hour to workers who are 14 or 15 and not emancipated. Under the 2026 law (LB 258), the adult rate rises by 1.75% every January 1, starting January 1, 2027. NDOL must publish each new rate by October 15. Student-learners in a real vocational training program may be paid 75% of the minimum.
Does Nebraska have daily overtime?
Nebraska has no state overtime law of its own. NDOL sends overtime questions to the US Department of Labor. Under federal law (FLSA), most hourly workers get 1.5 times their regular pay for hours over 40 in a workweek. Nebraska has no daily overtime.
When is my final paycheck due in Nebraska if I'm fired?
Your final pay is due on the next regular payday or within two weeks of the date you leave, whichever comes first.
When is my final paycheck due in Nebraska if I quit?
Same rule: the next regular payday or within two weeks, whichever comes first. Earned but unused vacation must also be paid.
What can my employer owe besides my wages in Nebraska?
If you sue and win, the court awards your unpaid wages plus court costs and reasonable attorney's fees (Neb. Rev. Stat. § 48-1231). The employer may also have to pay an extra amount equal to the judgment, or two times the unpaid wages if the nonpayment was willful. That extra money goes to the State Treasurer for public schools, not to you (§ 48-1232). NDOL can fine the employer up to $500 for a first violation and up to $5,000 for later violations (§ 48-1234). For minimum-wage suits, you pay no filing fee and the court awards attorney's fees (§ 48-1206).
Can my employer fire me for filing a wage claim in Nebraska?
Your employer may not retaliate or discriminate against you for filing a wage complaint or lawsuit, or for testifying or helping in an investigation (Neb. Rev. Stat. § 48-1235). If your employer is not covered by the Nebraska Fair Employment Practice Act, you can sue for damages and attorney's fees (§ 48-1231(2)).
Employer still won't pay? Small claims court is often the next step for amounts under the state limit.
Small claims in Nebraska- Neb. Rev. Stat. § 48-1203 (minimum wage, as amended by LB 258, 2026)
- Neb. Rev. Stat. § 48-1230 (paydays, deductions, final wages)
- Neb. Rev. Stat. § 48-1231 (employee suit, attorney's fees)
- Neb. Rev. Stat. § 48-1232 (additional recovery)
- Neb. Rev. Stat. § 48-1235 (retaliation prohibited)
- NDOL - File a Wage Complaint
- NDOL Wages Fact Sheet (version 9/11/2026)
- LB 258 (2026) slip law
Last checked: Oct 2026.