Delaware Wage and Hour Law

Minimum Wage in Delaware

Effective July 24, 2009, the minimum wage in Delaware is $7.25 per hour.

Minimum Wage for Delaware Tipped Workers

The minimum wage for tipped employees is $2.23 per hour (effective Oct. 1, 1996.) Tips may not be taken or retained by an employer except as required by law.  Tip pooling is allowed in some instances, as long as the amount does not surpass 15% of tips received by the worker.

Overtime Law in Delaware

Delaware does not have state-specific laws regarding overtime. Delaware employers are therefore required to follow federal overtime regulations. For more information on overtime law in Delaware, visit the Delaware Dept. of Labor.

Notices

Companies with four or more workers must inform their employees upon hire of the following:

• Pay rate
• Place, day and hour of payment
• Benefits
• Company policies

Employees must also be informed of reductions of pay rates or changes in benefits of the hour, day or place of payment.

Employer Recordkeeping Requirements

Employers with four or more workers must also provide pay stubs detailing wages due; pay period covered by the check; deductions; and number of hours worked in that pay period.

Employers are also required to keep records for each employee containing pay rates, hours worked and wages paid for at least three years.

Paydays

Workers must be paid at least once per month.  Employees must be paid all wages within seven (7) days from the close of each pay period with some exceptions.  If the payday falls on a non-work day, payment shall be made on the preceding workday.  If an employee is not at work on the regular payday, payment shall be made on the next regular workday that the employee is present or by mail, upon request from the worker.  Wages can also be paid, upon written request from the worker, into a bank account.  Wages may be paid in cash or by check as long as the employer offers suitable arrangements for cashing at a bank or similar establishment nearby the workplace.

Final Wages

When an employees quits or is fired, they must receive all wages earned by the next payday, as if the separation had not occurred. The employee can be paid through the normal channel or by mail upon the employee's request.

For more information, view the Delaware Department of Labor Website