Employment and Labor Laws

Delaware

Delaware Wage Payment Laws



Frequency of Wage Payments

An employer must pay employees all wages due at least monthly on regularly scheduled pay days designated by the employer. If an employee is for any reason not present on the regular payday, the employer must make payment either by mail if requested by the employee or at the next regular workday that the employee is present or by the credit to the bank account designated by the employee.

Every employer must pay all wages due within seven (7) days from the end of the pay period in which the wages were earned. However, if the regular payday falls on a nonwork day, payment must be made on the preceding workday. If the regular payday is within the pay period (on or before the final day of the pay period) and the pay period does not exceed 16 days, the employer may delay until the next pay period compensation for the following:

  • Overtime hours worked by employees;
  • Employees hired or resuming employment during the pay period; and
  • Part-time or temporary employees with variable working time.

DE Statute 19-1102


Manner of Wage Payments

An employer may pay employees by cash, by check payable on demand without deduction or fee, or, with written consent of the employee, by direct deposit into an account at a financial institution of the employee’s choosing. DE Statute 19-1102


Direct Deposit

An employer may pay wages by direct deposit, so long as the employee has consented to the deposit and the wages are deposited into a financial institution of the employee’s choosing. DE Statute 19-1102


Payment upon Separation from Employment

Employees who are fired, discharged, terminated, or laid off

Whenever an employee is discharged from employment, the employer must pay the employee all wages due by the next regularly scheduled payday either through the usual pay channels or by mail, if requested by the employee. DE Statute 19-1103

Employees who quit or resign

Whenever an employee quits employment, the employer must pay the employee all wages due by the next regularly scheduled payday either through the usual pay channels or by mail, if requested by the employee. DE Statute 19-1103

Employees who are suspended or resigns due to a labor dispute (strike)

When an employee leaves employment as a result of a labor dispute, the employer must pay the employee all wages due by the next regularly scheduled payday either through the usual pay channels or by mail, if requested by the employee. DE Statute 19-1103


Wages in Dispute

In case of a dispute over the amount of wages between the employer and employee, the employer must timely pay, without condition, all wages conceded by the employer to be due, and the employee shall have all remedies provided by law. The acceptance by any employee of a payment does not constitute a release as to the balance of his claim and any release required by an employer as a condition to payment shall be void. DE Statute 19-1104


Deductions from Wages

An employer may not make any deductions from an employee’s wages for:

  • cash shortages
  • damage or lost property,
  • uniforms, tools, or other necessary equipment
  • dishonored or bad checks, or
  • any similar deductions.

Delaware Department of Labor

An employer may not may withhold or divert any portion of an employee’s wages unless:

  • required or empowered to do so by state or federal law;
  • the deductions are for medical, surgical or hospital care or service, without financial benefit to the employer, and are recorded in the employers’ books; or
  • The employer has a signed authorization by the employee for deductions for a lawful purpose accruing to the benefit of the employee.

DE Statute 19-1107


Uniforms, Tools, and Other Equipment Necessary for Employment

Delaware does not have any laws prohibiting an employer from requiring an employee to purchase a uniform, tools, or other items necessary for employment. However, if an employer does require an employee to purchase any of these items, it cannot deduct the expense from the employee’s wages. An employer also cannot deduct from an employee’s final wages the cost of unreturned uniforms, tools, or other items. Delaware Department of Labor


Pre-hire Medical, Physical, or Drug Tests

Delaware does not have any laws prohibiting an employer from requiring an applicant or employee to pay the cost of a medical examination or the cost of furnishing any records required by the employer as a condition of employment.


Notice of Wage Reduction

An employer with over three (3) employees must notify each employee in writing or through a posted notice of any reduction in the regular rate of pay prior to the time of such reduction, or any change to the day, hour and place of payment prior to the time of such change. The notice must be maintained in a place accessible to the employees and where they normally pass. DE Statute 19-1108


Statement of Wages (Pay Stub)

An employer with over three employees must furnish to each employee at the time of payment a statement showing:

  • the wages due,
  • the pay period for which the wages are due,
  • each deduction and the amount thereof, and
  • the total number of hours for the said pay period for hourly employees.

The statement may be provided either on the check, by a separate slip, or electronically, so long as the electronic statement is in a form capable of being retained by the employee. Where the statement is furnished electronically, an employee may request that the statement be provided in written form on a separate slip. DE Statute 19-1108


Record Keeping Requirements

An employer with over three employees must retain all wage and hour records for a period not less than three (3) years. DE Statute 19-1108


Notice Requirements

An employer with over three employees must notify each employee in writing, at the time of hire, of the rate of pay and of the day, hour and place of payment.

An employer must notify each employee in writing or through a posted notice of any reduction in the regular rate of pay prior to the time of such reduction, or any change to the day, hour and place of payment prior to the time of such change. The notice must be maintained in a place accessible to the employees and where they normally pass.

An employer must make available to each employee in writing or through a poster notice employment practices and policies with regard to vacation pay, sick leave and comparable matters. The notice must be maintained in a place accessible to the employees and where they normally pass.

DE Statute 19-1108


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