"Never doubt that a small group of thoughtful, committed people can change the world. Indeed, it is the only thing that ever has."
- Margaret Mead -
The Nebraska Supreme Court Examines the Enforceability of Terms of an Employee Handbook The Nebraska Supreme Court recently examined the issue of accrued but unused vacation time under Nebraska's Wage Payment and Collection Act. In Roseland v. Strategic Staff Management, Inc. 272 Neb. 434, 722 N.W.2d 499 (2006), the Nebraska Supreme Court held that a provision in an employee handbook stating that employees would not be paid for unused vacation leave upon termination was in conflict with the Nebraska Wage Payment and Collection Act. The Supreme Court found that such a provision was void and unenforceable. The Nebraska Supreme Court noted that the payment of vacation pay was an "agreed to" benefit between the employer and its employees pursuant to the provisions of Neb. Rev. Stat 48-1229 (4) and the employer could not circumvent the payment of wages that had accrued by refusing to disburse accrued vacation pay because employment had been terminated. The attorneys at Copple, Rockey & McKeever P.C., L.L.O. are happy to discuss with prospective clients issues concerning the nonpayment of wages or other provisions of the Nebraska Wage Payment and Collection Act. The Nebraska Legislature is currently looking at legislation that may change the law in Nebraska in this area and the attorneys at Copple, Rockey & McKeever P.C., L.L.O. will be monitoring the changes in the law this legislative session.
