Wage theft
What is wage theft?
Wage theft can happen when an employer fails to pay workers all the wages they are legally owed. This may include:
- Not paying the required minimum wage
- Not paying overtime for extra hours worked (when legally required)
- Not keeping accurate records of hours worked
- Making unlawful deductions from pay
How to protect yourself
- Keep a written log of hours worked each day
- Record details: time in/out, breaks, tasks done
- Hold pay stubs or notes showing your hours/rate
- Compare what’s recorded vs. what you received
What workers can do
- File wage theft claims under Nebraska and federal laws
- Call Legal Aid of Nebraska (1-877-250-2016) for free, confidential help
- Remember: Your immigration status does not remove these rights
How to file a small claim or wage claim
- Fill Out the Form: Use a small claims or wage claim form that is easy to understand. While official small claims forms may not be available in Spanish, assistance may be available to help fill them out. Click here to find small claim forms.
- File the form: Take the completed form to the courthouse to file it. If you have questions about the process, consider reaching out to a legal aid organization for help.
- Prepare Your Case: Gather documents like pay stubs, work contracts, or photos.
- Attend your hearing
- Show up on the scheduled day. Explain clearly. Bring evidence.
Tips for success
- Before the hearing ask for an interpreter
- Make extra copies of your documents
- Practice telling your story simply
Retaliation
Retaliation is illegal. Your immigration status does not erase your rights.
Your protection under law
Both Nebraska and federal laws forbid retaliation—even for undocumented workers. You have the right to:
- Report unsafe work or housing
- File complaints
- Talk to Legal Aid or government agencies
What is retaliation?
- Any threat, demotion, or firing for asserting your rights is illegal
- This includes threats to call ICE if you speak up—or cooperate with wage claims or safety requests
What you should do
- Document all threats: write down dates, times, what was said
- Ask coworkers to sign witness statements if possible
- Seek legal advice immediately—do not wait until fired
Housing Conditions
If your employer provides housing as part of your job — required with an H-2A visa — that housing must be safe and clean, as required by Nebraska and federal law.
What counts as unsafe housing?
- Mold, leaks, broken windows
- No heat/ventilation
- Rodents or insect infestations
How to document problems
- Take clear photos of unsafe issues
- Note dates and times
- Keep copies of any housing agreement or rules
Your rights and remedies
- Housing provided by your employers must be safe and clean under Nebraska and federal law
- You can report the conditions and request repairs
- If ignored, call Legal Aid for help enforcing your rights
How Legal Aid can help
We offer free legal help for agricultural workers in Nebraska, including seasonal, migrant, farm, ranch, and meatpacking workers.
What we help with
- Wage claims: unpaid, stolen, or under‑recorded wages
- Retaliation: threats, firings, blacklists, or ICE intimidation
- Unsafe housing and working conditions
- Discrimination based on race, national origin, religion, gender
- Representation, advice, self‑help materials, and referrals
Who we serve
- Seasonal, migrant, year-round farm or meatpacking workers
- Workers in crop, livestock, food processing, paid hourly or by piece
Why it works
- Services are free for eligible workers
- Our team visits farms and rural communities to build trust
How to reach us
- AccessLine (24/7): 1‑877‑250‑2016, press 7
- Free interpretation: English, Spanish, and others on request
Note: due to federal restrictions Legal Aid of Nebraska may not be able to provide legal services to undocumented immigrants or workers in some situations. When in doubt, call to be screened.
