Once a party is awarded a monetary judgment and becomes a judgment creditor, that party still needs to collect the judgment. The most common way a judgment creditor collects from a judgment debtor is by garnishment. Garnishments are sent to a person, entity or employer the judgment creditor believes has property that belongs to the [...]
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're fired from your job. However, an attorney may be able to help you in the following circumstances: Were you fired because of discrimination based [...]
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 of [...]
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, commission [...]
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 [...]
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 [...]
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 the District Court. The [...]