Detailed Answer
Under Nebraska law, the Wage Payment and Collection Act requires employers to maintain accurate records of hours worked and wages paid. See Neb. Rev. Stat. § 48-1228 and § 48-1230. If your employer fails to keep these records, state law lets you reconstruct your lost wages using reasonable evidence. Nebraska courts and the Department of Labor will generally credit your reasonable estimate if the employer cannot disprove it.
1. Understand Nebraska’s Recordkeeping Rules
Nebraska employers must keep payroll records for at least three years. These records must show each employee’s name, hours worked daily and weekly, rate of pay, and gross wages. When records are missing, you can rely on other documents to prove your claim.
2. Reconstruct Hours Worked
Gather any of the following to estimate your hours:
- Bank statements showing consistent deposits.
- Pay stubs or W-2 forms indicating total earnings.
- Emails, text messages, or digital calendars documenting your work schedule.
- Handwritten logs or shift notes.
- Affidavits or declarations from coworkers and supervisors.
Nebraska courts accept reasonable inferences when employers fail to produce proper records.
3. Estimate Your Rate of Pay
If your pay rate records are missing, use:
- Offer letters or employment contracts.
- Previous pay stubs showing gross wages and hours.
- Job postings or industry surveys for similar roles and locations.
- Bank deposit records reflecting regular pay amounts.
The Department of Labor may credit your alleged rate if the employer cannot prove a different amount.
4. File a Claim with the Nebraska Department of Labor
To file an administrative wage claim:
- Visit dol.nebraska.gov/LaborStandards/WageComplaint.
- Complete the wage complaint form.
- Attach your reconstructed records and any affidavits.
State law grants the Department authority to order back pay, interest, and penalties. See Neb. Rev. Stat. § 48-1232.
5. Consider Private Legal Action
You can also file a lawsuit under the Wage Payment and Collection Act. Successful claimants may recover attorney fees and court costs. See Neb. Rev. Stat. § 48-1242.
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult an attorney or the Nebraska Department of Labor for guidance on your specific situation.
Helpful Hints
- Start gathering evidence as soon as you suspect missing records.
- Use multiple sources (bank, emails, pay stubs) to strengthen your claim.
- Ask former coworkers or supervisors for written statements.
- Keep a timeline of your work hours and pay estimates.
- File your administrative claim within one year of the last unpaid wage.