The deadline, and what it depends on
By your next regular payday or within 14 calendar days of your last day, whichever comes first.
It depends on your pay schedule, not on the day you left. Two people who leave on the same day can have deadlines a week or more apart.
Commissions run on their own clock: they are due on the next regular payday after your employer is paid by the customer, and it must keep sending you an accounting until every commission is settled. If a court finds no reasonable dispute existed, it may order you to pay the employer's fees — so do not sue over wages that plainly were not owed.
What “next regular payday” means
“Next regular payday” means the next date your employer would normally have paid you had you stayed. It is not a fixed number of days: paid weekly, it is at most a week away; paid monthly, it can be a month.
That is why the calculator asks for your pay schedule first. Take any recent payday from a pay stub and it works out the date for you.
Unused PTO — is it owed?
Yes. Earned but unused vacation counts as wages in Nebraska and belongs on the final paycheck. Other paid leave, such as sick time, does not have to be paid out unless you and your employer agreed otherwise. It is paid at your final rate of pay, as part of the same final paycheck and on the same deadline as your wages.
What happens if they are late
Nebraska has no daily penalty. Once wages have gone unpaid 30 days past the payday you can sue, and winning brings the judgment, court costs and reasonable attorney's fees, on appeal as well. A willful failure costs the employer twice the unpaid wages, but that money goes to the state school fund, not to you (Neb. Rev. Stat. § 48-1231, § 48-1232).
How to file a claim in Nebraska
File a wage complaint with the Nebraska Department of Labor, Labor Standards Division, or sue once wages have been unpaid 30 days past the payday. Filing is free, and you do not need a lawyer.
- Ask in writing first. Email creates a dated record.
- Send a short demand letter naming the amount, the deadline, and any penalty that applies in Nebraska.
- File the wage claim. Keep copies of pay stubs and your schedule — the time card calculator can total the unpaid hours for you.
Nebraska final paycheck: common questions
Can they hold my last check until I return my equipment?
No. In Nebraska your final wages are due by the deadline on this page whether or not you have returned a laptop, uniform or keys. Your employer can ask for the equipment back or pursue its cost separately, but federal law bars deductions for it that would cut your pay below minimum wage or eat into overtime.
Do I get paid for unused vacation?
Yes. Earned but unused vacation counts as wages in Nebraska and belongs on the final paycheck. Other paid leave, such as sick time, does not have to be paid out unless you and your employer agreed otherwise. It is paid at your final rate of pay, as part of the same final paycheck and on the same deadline as your wages.
What if I quit without notice?
No. Quitting without notice does not forfeit anything you earned in Nebraska. It is due by your next regular payday or within 14 calendar days of your last day, whichever comes first, exactly as if you had given notice. Notice only changes the timing, and only where state law says so.
When is my final paycheck due in Nebraska if I am fired?
By your next regular payday or within 14 calendar days of your last day, whichever comes first. Everything you earned is due on that deadline, along with any unused vacation your state or your policy makes payable. If it arrives late, the section on penalties above explains what follows.
What happens if my final paycheck is late in Nebraska?
Nebraska has no daily penalty. Once wages have gone unpaid 30 days past the payday you can sue, and winning brings the judgment, court costs and reasonable attorney's fees, on appeal as well. A willful failure costs the employer twice the unpaid wages, but that money goes to the state school fund, not to you (Neb. Rev. Stat. § 48-1231, § 48-1232).
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Nebraska overtime rules and calculator →
Other states that also tie the deadline to your next payday: Arizona, Arkansas and Delaware.
Worked across a state line? Colorado final paycheck law and Iowa final paycheck law.