Omaha, NE asked in Employment Law for Nebraska

Q: My job has not paid me from almost 3 months ago. What should I do?

I work at a gym and I started in early February. During the first couple of weeks I probably worked about 25-30 hours. Because I was not in their system yet, I had to clock in and out using time sheets instead of their online system. After the third payday of me being there, we get paid every 2 weeks, I finally got paid, but only the previous week and a half and not any of the hours from my first couple of weeks. I reminded my manager several times about it and she said she would talk to our corporate office but nothing has been done. Now we have been closed for the past 2 months due to COVID-19, and they don't plan on opening for another 2 months at least due to construction at the gym, but the other locations are opening sooner. My manager said she would resubmit the time sheets when we get back but I can't wait 2 more months. I am not sure what to do, but I want/need the money they owe me.

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2 Lawyer Answers

A: Are other people having the same issue or just you? It may be difficult getting an attorney to take your case due to the small amount at stake; but if other people weren't paid as well, you should reach out to an employment law attorney for a consultation. Otherwise, you could file in small claims court on your own.

Julie Fowler agrees with this answer

Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: The Nebraska Wage Payment and Collection Act is designed to help protect workers who are not paid for hours worked. It generally provides for the employer to be ordered to pay the attorney fees if the employee is successful. Thus, attorneys are generally more willing to take these cases in Nebraska even if the overall amount of wages earned are not a high dollar amount. You can also file a wage claim with the Nebraska Department of Labor which sometimes prompts the employer to act and pay you for the hours you worked without having to file an action with the Court.

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