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I would like to ask a legal question regarding back pay in…

Customer Question
I would like to...

I would like to ask a legal question regarding back pay in Nebraska

Lawyer's Assistant: Has anything been filed or reported?

No because I am not sure if a employer is required to pay a worker back pay if they had been paying them the wrong wage in nebraska

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Nebraska

Submitted: 8 months ago.Category: Legal
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Answered in 5 minutes by:
11/18/2017
Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,274
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thanks so much for your patience. Under Nebraska law, at section 48-1230, it says, "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." This means that if your employer has not being paying the wages that were owed, you have two courses of action:

1. File a wage complaint with the state

2. File a breach of contract lawsuit

A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state and get started.

Also, as I mentioned, your state department of labor can handle these disputes as well. This is all of course if your employer refuses to pay up.

What other questions did you have for me today?

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Customer reply replied 8 months ago
I originally realized that my hourly wage on my paycheck had been lower than it should have been meaning I was being paid less than I should have been. I informed my supervisor and they corrected the issue and gave me back pay. a year later my friend realized that he was also being paid the incorrect hourly wage for multiple pay checks. My friend then confronted the supervisor who admitted that his wage was incorrect infront of several witness. He then followed up with the supervisor and she informed him that they wouldn't give him back pay because it took him to long to realize he was being payed the incorrect amount. Is this illegal under Nebraska state law.
Lawyer: Legal Eagle, Lawyer replied 8 months ago

Yes, it is illegal for them to do that. You may want to have your friend go to the department of labor and file a complaint. If you click here, you can send this link to your friend and they can get started. Any other questions at all?

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Customer reply replied 8 months ago
Also is it the responsibility of the employer or the employee to ensure that wages are correct? and is their any statue of limitations that would prevent a employer from having to pay if the mistake wasn't noticed quickly
Lawyer: Legal Eagle, Lawyer replied 8 months ago

It's the employer's responsibility to ensure that the wages are correct. The statute of limitations for a wage complaint is generally two years.

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Customer reply replied 8 months ago
Thank you for your help! Also sorry for the bad grammar i had to type in a hurry.
Lawyer: Legal Eagle, Lawyer replied 8 months ago

The pleasure is all mine! There’s just a few other things I’d like you to know before we wrap up this conversation:

  1. Could you look on your screen and provide me a star rating? 5-stars are always appreciated.

  2. For your benefit, you can also click here in the future to request me individually.

  3. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

  4. Don’t forget to tell your friends about justanswer.com!

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