Delaware Overtime Law


Delaware Minimum Wage

The minimum wage is $7.25 as of July 24, 2009.

Delaware Tipped Minimum Wage

The minimum cash wage payable to employees who receive tips is $2.23 per hour effective October 1, 1996.  Tips may not be taken or retained by an employer except as required by law.  Tip pooling is permitted (under certain circumstances) in an amount not to exceed 15% of the actual tips received by the employee.

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.  If the payday falls on a non-work day, 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 work place). 

Last Paycheck

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.

Notice Requirements

Employers of 4 or more employees must notify employees in writing at the time of hire of: (1) Rate of pay; (2) Day, hour and place of payment; and (3) Employer's fringe benefits and policies.

They must also 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.

Recordkeeping

Employers of 4 or more employees must also furnish pay-stubs to employees laying out the: (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; and (4) Total number of hours worked in the pay period (for employees who are paid on an hourly rate).

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

Delaware Overtime Law

Currently, there is no state-specific Delaware Overtime Law.  Delaware follows the Federal Overtime Law (FLSA).

To learn more about Delaware Wage and Hour Law and Delaware Overtime Law visit the Delaware Department of Labor at http://www.delawareworks.com/

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