Delaware’s Minimum Wage will be increasing on 1/1/2023.
Click Here to download the Wage & Hour Announcement.

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 Del Code Title 19, § 1102(d).
• If the payday falls on a non-workday, payment shall be made on the preceding workday.
• 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

Employers are not permitted to deduct or withhold wages for:

• Cash or inventory shortages
• Cash advances or charges for goods and services (unless there is a signed agreement specifying the amount owed and the repayment schedule).
• Damaged property
• Failure to return employer’s property

Refer to the document, Rules Regulating Deductions from Wages for Wage Payment and Collection, for more information.

Employers of 4 or More Employees

Employers of 4 or more employees are required to:

• Notify employees in writing at the time of hire of:
  1. Rate of Pay
  2. Day, hour, and place of payment
  3. Employer’s fringe benefits and policies
• Notify employees in writing of any reductions in the rate of pay, and any changes in the day, hour or place of payment, or benefits.
• Furnish each employee with a pay statement showing:
  1. Amount of wages due
  2. Pay period covered by the payment
  3. Amounts of deductions (separately specified) that 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)

Record-Keeping Requirements

Employers must keep records including; rates of pay, hours worked, and amount paid for each worker, for three (3) years.

• Wage Payment Claim Form
• Labor Law Poster
• Labor Law Poster (en Español)
• Labor Law Poster (Haitian Creole)

Related Topics:  Employers, Labor Law, Wages