WAGE AND HOUR DEMAND LETTER
Nebraska Wage and Hour Act and FLSA Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Nebraska ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Nebraska State Bar Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
Demand for Unpaid Wages Under FLSA and Nebraska Law
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq., the Nebraska Wage and Hour Act, Neb. Rev. Stat. Section 48-1201 et seq., and the Nebraska Wage Payment and Collection Act, Neb. Rev. Stat. Section 48-1228 et seq.
Please direct all further communications regarding this matter to our office.
I. NEBRASKA-SPECIFIC LEGAL FRAMEWORK
A. Nebraska Minimum Wage
Nebraska's minimum wage is $15.00 per hour as of January 1, 2026, per voter-approved Initiative 433. Neb. Rev. Stat. Section 48-1203.01.
Nebraska allows a tip credit of up to $4.87 per hour, meaning tipped employees must receive a cash wage of at least $2.13 per hour plus tips equaling the minimum wage. Neb. Rev. Stat. Section 48-1203(3).
B. Overtime Requirements
Nebraska follows FLSA overtime requirements. Non-exempt employees must be paid 1.5 times the regular rate for all hours worked over 40 in a workweek. Neb. Rev. Stat. Section 48-1203. Nebraska does not require daily overtime.
C. Meal and Rest Break Requirements
Nebraska law requires employers to provide employees a 30-minute meal break during each 8-hour shift in assembling plants, workshops, or mechanical establishments. Neb. Rev. Stat. Section 48-212. Nebraska does not mandate paid rest breaks for adult employees.
D. Wage Payment Requirements
Under the Nebraska Wage Payment and Collection Act:
- Regular Pay Periods: Wages must be paid on regular paydays designated by the employer. Neb. Rev. Stat. Section 48-1230.
- Termination - Discharge or Resignation: All wages due must be paid on the next regular payday or within two weeks of termination, whichever is sooner. Neb. Rev. Stat. Section 48-1230.
E. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
| Nebraska Wage Payment and Collection Act | 4 years | Neb. Rev. Stat. Section 25-206 |
F. Liquidated Damages and Penalties
FLSA Liquidated Damages: Equal to the amount of unpaid wages (doubling recovery). 29 U.S.C. Section 216(b).
Nebraska Penalties: Under Neb. Rev. Stat. Section 48-1232, if an employer willfully fails to pay wages when due, the employee may recover unpaid wages plus reasonable attorney's fees.
G. Attorney's Fees
Both the FLSA and Nebraska law provide for recovery of reasonable attorney's fees and costs to the prevailing employee. 29 U.S.C. Section 216(b); Neb. Rev. Stat. Section 48-1232.
II. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es)] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
C. Specific Violations
[Company Short Name] violated federal and Nebraska wage and hour laws by:
- [ ] Failing to pay the minimum wage of $15.00 per hour required under Nebraska law
- [ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
- [ ] Misclassifying our client as exempt from overtime
- [ ] Misclassifying our client as an independent contractor
- [ ] Failing to pay for all hours worked (off-the-clock work)
- [ ] Failing to provide required 30-minute meal breaks under Neb. Rev. Stat. Section 48-212
- [ ] Making unlawful deductions from wages
- [ ] Failing to pay all wages due upon termination within the time required
III. LEGAL ANALYSIS
A. FLSA Violations
[Describe specific FLSA violations - minimum wage, overtime, misclassification, etc.]
B. Nebraska Wage and Hour Act Violations
[Company Short Name] violated the Nebraska Wage and Hour Act by [describe violation].
C. Nebraska Wage Payment and Collection Act Violations
[Company Short Name] violated the Nebraska Wage Payment and Collection Act by:
- [ ] Failing to pay wages on the regular payday. Neb. Rev. Stat. Section 48-1230.
- [ ] Failing to pay all wages due within two weeks of termination. Neb. Rev. Stat. Section 48-1230.
IV. DAMAGES CALCULATION
A. Unpaid Wages
| Category | Calculation | Amount |
|---|---|---|
| Unpaid Overtime | [X hours] x $[regular rate] x 0.5 | $[Amount] |
| Unpaid Minimum Wage | [X hours] x $[shortfall] | $[Amount] |
| Off-the-Clock Work | [X hours] x $[rate] | $[Amount] |
| Missed Meal Breaks | [X breaks] x $[rate] | $[Amount] |
| Total Unpaid Wages | $[Amount] |
B. FLSA Liquidated Damages
Liquidated damages equal to unpaid wages: $[Amount]
C. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| FLSA Liquidated Damages | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL | $[Amount] |
V. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name] arising from the wage and hour violations described herein.
This demand will remain open for twenty-one (21) calendar days from the date of this letter, until [Response Deadline Date].
If we do not receive a satisfactory response by that date, we will file suit without further notice in the appropriate Nebraska District Court or United States District Court for the District of Nebraska.
VI. DOCUMENT PRESERVATION
This letter constitutes formal notice of our client's claims and intent to file suit. [Company Short Name] must immediately implement a litigation hold to preserve all documents and electronically stored information relevant to these claims.
VII. CONFIDENTIALITY
This letter is a confidential settlement communication made in anticipation of litigation and is protected under Federal Rule of Evidence 408 and Nebraska Rule of Evidence 408.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Nebraska State Bar No.]
Enclosures:
- [ ] Authorization to Represent
- [ ] Pay stubs / wage statements
- [ ] Time records (if available)
cc: [Client Name] (via email)