Employers are not permitted to deduct or withhold wages for:
Employers must keep records(including the rate of pay, hours
worked, and amount paid for each employee for three (3) years.
Notify employees in writing at the time of hire:
Notify employees in writing of any reductions in the rate of pay,
Furnish each employee with a pay statement showing:
1. Rate of Pay
2. Day, hour, and place of payment
3. Employer's fringe benefits policies
and any changes in the day, hour, or place of payment or benefits.
1. Amount of wages due;
2. Pay period covered by the payment;
3. Amounts of deductions (separately specified) which have
been made from the wages;
4. Total number of hours worked in the pay period (for employees who are
paid at an hourly rate).
EMPLOYERS OF FOUR (4) OR MORE EMPLOYEES ARE REQUIRED TO:
Fox Valley Offices
4425 North Market Street- 3rd Floor
Wilmington, DE 19802
(302) 761-8200
Georgetown American Job Center
8 Georgetown Plaza, Suite 2
Georgetown, DE 19947
(302) 856-5230
Blue Hen Corporate Center
655 S Bay Road, Ste. 2H
Dover, DE 19901
(302) 422-1134
Email: wages@delaware.gov | Email: workpermits@delaware.gov | Website: Labor.delaware.gov
PAYMENT OF WAGES MINIMUM WAGE (continued)
PAYMENT OF WAGES
Wages must be paid at least once each month.
Employees must be paid all wages within seven (7) days from the close of
each pay period [with some exceptions, see §1102(b)].
If the payday falls on a non-work day, payment shall be made on the
preceding work day.
If an employee is not present on the regular payday, payment shall be
made on the next regular workday that the employee is present or by
mail (only if requested by the employee).
Wages may be paid to a bank account designated by an employee(upon
the employee's written request).
Wages may be paid in cash or by check (provided that suitable
arrangements are made by the employer for cashing at a bank or other
business establishment convenient to the workplace).
Whenever an employee quits, resigns, is discharged, suspended or laid off,
the wages earned shall be paid on the next regularly scheduled payday(s)
either through the usual pay channels or by mail (if requested by the
employee) as if employment had not been suspended or terminated.
UNLAWFUL DEDUCTIONS
MINIMUM WAGE
effective: 06-01-15 - $8.25/hour
effective: 01-01-19 - $8.75/hour
effective: 10-01-19 - $9.25/hour
effective: 01-01-22- $10.50/hour
effective: 01-01-23 - $11.75/hour
effective: 01-01-24 - $13.25/hour
effective: 01-01-25 - $15.00/hour
Regular Rate:
MINIMUM WAGE EXEMPTIONS:
Tips may not be taken or retained by an employer except as required by
law. Tip-pooling is permitted (under certain conditions) in an amount
not to exceed 15% of the actual tips received by the employee.
Employees in agriculture.
Employees in domestic service in or about private homes.
Employees of the United States Government.
Outside commission paid salespeople.
Bona fide executives, administrators, and professionals.
Employees engaged in fishing and fish processing at sea.
Volunteer workers (for educational, religious or non-profit
organizations).
Junior camp counselors employed by non-profit summer camp
programs.
RECORD KEEPING REQUIREMENTS:
BREAKS
The employee is a professional employee certified by the State Board
of Education and employed by a local school board to work directly
with children.
There is a collective bargaining agreement or other employer-
employee written agreement which provides otherwise.
This rule does not apply when:
All employees must be offered a meal break of at least 30 consecutive
minutes if the employee is scheduled to work 7.5 or more hours per day.
Must be after the first 2 hours of work and before the last 2 hours of work.
Compliance would adversely affect public safety.
Only one (1) employee may perform the duties of a position.
An employer has fewer than five (5) employees on a shift at one
location (the exception would only apply to that shift).
The continuous nature of an employer's operations, such as chemical
production or research experiments, requires employees to respond
to urgent or unusual conditions at all times and the employees are
compensated for their meal breaks.
Rules have been issued granting exemptions when:
NOTE: Delaware's minimum cash wage for tipped employees is greater
than the cash wage required by federal law. Employers must pay
Delaware's higher rate.
Where exemptions are allowed, employees must be allowed to eat
meals at their work stations or other authorized locations and use
restroom facilities as reasonably necessary.
1. Cash or inventory shortages;
2. Cash advances or charges for goods and services (unless there is a signed
agreement specifying the amount owed and the repayment schedule);
3. Damaged Property
4. Failure to return employer's property
University Office Plaza
252 Chapman Road, 2nd Floor
Newark, DE 19702
(302) 761-8200
DELAWARE DEPARTMENT OF LABOR
DIVISION OF INDUSTRIAL AFFAIRS
EMPLOYEES WHO RECEIVE TIPS
The minimum cash wage payable to employees who receive tips is $ 2.23 per
hour, effective 10/1/96.
The employer must be able to prove that the employee received the balance of
the full minimum rate in tips.
Revised 01/17/2023
The minimum age for employment is 14.
Work Permits are required for all employed minors under the age of 18.
Employers are required to keep Work Permits on file for each employed
minor.
A new Work Permit is required when the employer of a minor changes.
General Provisions
Fox Valley Offices
4425 North Market Street- 3rd Floor
Wilmington, DE 19802
(302) 761-8200
Georgetown American Job Center
8 Georgetown Plaza, Suite 2
Georgetown, DE 19947
(302) 856-5230
Blue Hen Corporate Center
655 S Bay Road, Ste. 2H
Dover, DE 19901
(302) 422-1134
Email: wages@delaware.gov | Email: workpermits@delaware.gov | Website: Labor.delaware.gov
CHILD LABOR WAGE THEFT
Revised 01/17/2023
An employer may not do any of the following:
University Office Plaza
252 Chapman Road, 2nd Floor
Newark, DE 19702
(302) 761-8200
DELAWARE DEPARTMENT OF LABOR
DIVISION OF INDUSTRIAL AFFAIRS
Provisions for Individuals 14 and 15 Years of Age:
Before 7:00 a.m. or after 7:00 p.m. - except from June 1st through Labor Day
when the evening hour shall be extended to 9:00 p.m.
More than four (4) hours per day on school days
More than eight (8) hours per day on non-school days
More than eighteen (18) hours in any week when school is in session for five
(5) days
More than six (6) days in any week
More than forty (40) hours per week; and
More than five (5) hours continuously without a non-work period of at least
thirty (30) consecutive minutes.
MINORS 14-15 YEARS OF AGE SHALL NOT WORK:
Employ an individual without reporting the individual’s employment
to all appropriate government agencies and paying all applicable
taxes and fees for the individual.
Fail to properly withhold state and federal taxes from an employee.
Fail to forward money withheld from an employee’s wages to the
appropriate state or federal agency within 7 days of the applicable
pay period.
Pay an employee wages that are less than the minimum wage
established under state and federal law for the work performed.
Misclassify a worker as an independent contractor for purposes of
avoiding wage, tax, or workers' compensation obligations under this
title.
Knowingly conspire to assist, advise, or facilitate a violation of this
section.
Not more than twelve (12) hours in a combination of school and work
hours per day
Must have at least eight (8) consecutive hours of non-work, non-school
time in each twenty-four (24) hour period
May not work more than five (5) hours continuously without a non- work
period of at least thirty (30) consecutive minutes.
Specific Provisions for Individuals 16 and 17 Years of Age:
This poster provides only general information regarding the provisions of
Delaware's Child Labor Laws. The requirements of state law do not affect an
employer's obligation to comply with any provisions of federal law.
For a list of Prohibited Occupations, contact:
The Delaware Department of Labor, Division of Industrial Affairs, Office of
Labor Law Enforcement at any of the addresses listed.
It is unlawful to retaliate against an employee
because (s)he has made a complaint or given
information to the Dept of Labor about possible
labor law violations.
Employers Are Required By Law To Display
This Official Poster In A Place Accessible To
Employees And Where They Regularly Pass
Violations of Delaware Labor Laws
could result in fines of up to
$20,000 per violation.
Following an investigation in which the Department makes an
initial determination that an employer has violated one or more
provisions of subsection (a) of this section, the Department may
decide to impose a civil penalty.
An employer who violates this section is subject to a civil penalty of
not less than $2,000 and not more than $20,000 for each violation.
Each instance of a violation of subsection (a) of this section per
employee is a separate violation.
The Department may also refer cases to the Department of Justice
for criminal prosecution consistent with § 841D of Title 11
PENALTIES
RETALIATION
An employer is subject to a civil penalty of not less than $20,000 and
not more than $50,000 for each violation if the employer discharges or
in any manner retaliates or discriminates against an individual because
that individual does any of the following under this section:
a. Made a complaint or provided information to the Department.
b. Caused, or is going to cause, an investigation to be instituted.
c. Testified, or is going to testify, in a hearing.