Nebraska final paycheck law

Layoffs and other situations

Commissions are due on the next regular payday after the employer receives the customer's payment for the sale, and the employer must give the former employee a periodic accounting of outstanding commissions (Neb. Rev. Stat. § 48-1230.01). Political subdivisions follow a different schedule tied to governing-body meetings. The Nebraska Department of Labor says final pay cannot be held back pending return of employer property. Source: nebraskalegislature.gov↗ (opens in a new tab) Source: dol.nebraska.gov↗ (opens in a new tab)

Unused vacation and PTO

Required. Earned but unused vacation is wages and must be paid at separation; the Department of Labor says there is no exception. Other paid leave (e.g. sick leave) need not be paid unless agreed. Source: nebraskalegislature.gov↗ (opens in a new tab)

If the final paycheck is late

If the employee wins a wage suit, they recover wages, costs and attorney's fees. The court may also order an extra amount equal to the judgment (twice the unpaid wages if willful), paid to the state school fund, not the employee. Source: nebraskalegislature.gov↗ (opens in a new tab) Source: nebraskalegislature.gov↗ (opens in a new tab)

Recent changes

LB847 (2026) made failing to give a wage statement an infraction with a fine. It did not change the final pay deadline. Source: nebraskalegislature.gov↗ (opens in a new tab)

The law and where to check

The law: Neb. Rev. Stat. §§ 48-1229, 48-1230, 48-1230.01, 48-1231, 48-1232 (opens in a new tab)

The agency: Nebraska Department of Labor, Labor Standards (opens in a new tab)

What federal law says

The federal Fair Labor Standards Act does not require employers to give a final paycheck immediately. The U.S. Department of Labor says an employee who has not received final pay by the regular payday for their last pay period can contact its Wage and Hour Division or the state labor department. Source: U.S. Department of Labor↗ (opens in a new tab)

Final paycheck checklist for Nebraska employers

A simple order of work, based on the rules above. It is not a legal checklist.

1. Write down how the job ended: fired or let go, or the employee quit. If they quit, note whether and when they gave notice.
2. Find the deadline for that situation in the table above.
3. Add up all hours worked up to the last day, including any overtime.
4. Check your written vacation or PTO policy and the vacation rule above.
5. Add any commission or bonus that was earned, using the rules above.
6. Pay on time by your usual method, or by mail if the rules above allow it and the employee asks.
7. Keep a dated record of what you paid and when.

More Nebraska employment law guides

• All Nebraska employment laws
• Nebraska paid sick leave law
• Nebraska meal and rest break laws
• Nebraska overtime law
• Nebraska pay frequency law
• Nebraska vacation and PTO payout law
• Nebraska new hire reporting
• Nebraska at-will exceptions

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Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.

Last checked: October 19, 2026. Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.