You are here:

Employment Law/Nebraska laws on providing Paycheck stubs

Advertisement


Question
I receive child support from my daughter's father and there have been discrepancies between what he believes has been withheld from his paycheck and what is being disbursed to me through the state. His employer is not providing with check stubs at this time and has ignored several requests to do so. We have no way to confirm what has been withheld so we have to way to move forward. Can employers in NE refuse to proved check stubs?
Thank you!
Tracy

Answer
Nebraska does not have any laws requiring employers to provide employees at the time of payment any notice of wages paid, wage rates, deductions, or other wage payment information.

However the law does say the company should keep the following records on file:

An employer must make, keep, and maintain, for a period of at least four calendar years, record of:
•For each worker: ◦Name;
◦Social security account number;
◦Residence (by State);
◦Nature of services and place or places in which services are performed and, if there is more than one such place, the worker’s base of operations or, if none, place of direction or control;
◦Date on which the worker was hired, rehired, or returned to work after temporary layoff and date separated from work and reasons therefor.
◦The gross remuneration paid for the worker’s services and period for which paid, showing separately:
Cash remuneration, including special payments;
Reasonable cash value of remuneration in any medium other than cash including special payments; and
Amounts paid him as allowance or reimbursement for traveling or other business expenses.

•In General: ◦Beginning and ending dates of each pay period;
◦Total amount of remuneration and the total amount paid in each calendar quarter; and
◦Date in each calendar week on which there was largest number of workers employed and number of such workers.


Nebraska Stat. 48-1225; Neb. Admin. Code 221

http://uniweb.legislature.ne.gov/laws/statutes.php?statute=s4812025000

It also says if the employer requests a statement;

2) Within ten working days after a written request is made by an employee, an employer shall furnish such employee with an itemized statement listing the wages earned and the deductions made from the employee's wages under subsection (1) of this section for each pay period that earnings and deductions were made. The statement may be in print or electronic format.

So as this reads they have no requriement to give a statement, however, if you request an itemized statement it must be given to the employee within 10 days. The employee would have to request the itemized statement.

This is from Wisconsin Wage payment and collections act:

http://www.dol.nebraska.gov/resources/Statutes/Wage%20Payment%20&%20Collection%2

The other way the records could be retrieved is by subpoena from a court or an attorney for a child support action.

Shirley






--------------------------------------------------------------------------------

Employment Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

©2016 About.com. All rights reserved.