Omaha FLSA Lawyer
At the cornerstone of America’s economic system is the right to work with dignity. Both federal and state laws govern how much someone must be paid, how often they must be paid, and what protections they have concerning their age, race, and gender. Unfortunately, some workplaces take advantage of employees who are unaware of their rights or feel intimidated against speaking out.
An Omaha FLSA lawyer at Inkelaar Law could help you stand up for yourself in the workplace against wage theft, illegal workplace practices, and harassment. Read on to learn more about how a dedicated attorney could offer you their assistance today. En Español.
Nebraska Labor Laws
The labor laws that cover employment in Omaha come from both federal laws and Nebraska laws. The baseline for employment laws comes from the Fair Labor Standards Act. This is a law passed by the U.S. Congress that controls:
- The minimum wage across the county
- Overtime rules
- How often a worker must be paid
- Rules concerning protections based on race, gender, and religion
However, the Nebraska state legislature has passed some additional laws that modify these baseline rules. For example, the federal minimum wage for 2018 is $7.25 per hour, but Nebraska Revised Statute 48-1203 states that all employers with at least four employees must pay them at a rate of at least $9.00. For all employers with fewer than four employees, the federal minimum applies.
Federal law also states that overtime must be paid at a rate of at least one and a half times an employee’s hourly wage. Therefore, under Nebraska overtime laws, all hours over 40 worked in a week must be paid at a rate of no less than $13.50 per hour for most workplaces.
Legal Options for Injured Omaha Workers
It is illegal for any employer to withhold wages earned by a worker for any reason. If you are clocked in and performing the work, you must be paid. Similarly, it is illegal for hourly workers to be paid at less than minimum wage.
If your wages are illegally withheld, you have two options for rehabilitative action. First, you may file a complaint with the Nebraska Department of Labor against your employer. The DOL will use their investigative powers to interview witnesses, gather documentation, and issue rulings that may order the payment of back wages or compensation for violations of overtime rules and illegally withheld wages.
Second, you can file a similar complaint with the Wage and Hour Division of the U.S. Department of Labor. The overall process is similar to that of the Nebraska Department of Labor, but naturally, the federal government has more gravitas when investigating these claims. They can interview witnesses, subpoena information, and may meet face to face with your employer to attempt a settlement.
Inkelaar Law’s Omaha FLSA attorneys can help ensure your wage complaints are properly filed, working with you to choose the path to recovery that offers you the best chance of success.
Omaha FLSA Lawyers Stand up for Workers’ Rights
Everyone has the right to work with dignity. This includes the right to be paid a fair wage for labor. When employers violate federal or state labor laws concerning minimum wage, overtime pay, or improperly withhold wages, workers have the right to file complaints to collect these wages.
An Omaha FLSA lawyer from Inkelaar Law could help you choose an agency to investigate the claim. By working together, we ensure that the complaint is filed properly and on time to give our clients the best chance to receive the payments that they have earned. Call us today to schedule an initial consultation.