Delaware Labor Law Information Poster Mandatory

Fox Valley Offices
4425 North Market Street- 3rd Floor

Wilmington, DE 19802
(302) 761-8200

Blue Hen Corporate Center
655 S Bay Road, Ste. 2H
Dover, DE 19901
(302) 422-1134

Georgetown American Job Center
8 Georgetown Plaza, Suite 2
Georgetown, DE 19947
(302) 856-5230

University Office Plaza
252 Chapman Road, 2nd Floor
Newark, DE 19702
(302) 761-8200

DELAWARE DEPARTMENT OF LABOR
DIVISION OF INDUSTRIAL AFFAIRS

Email: [email protected] | Email: [email protected] | Website: Labor.delaware.gov

PAYMENT OF WAGES
EMPLOYERS OF FOUR (4) OR MORE EMPLOYEES ARE REQUIRED TO:
Notify employees in writing at the time of hire:
1. Rate of Pay
2. Day, hour, and place of payment
3. Employer's fringe benefits 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) 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).

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
Employers are not permitted to deduct or withhold wages for:
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

MINIMUM WAGE
Regular Rate:
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

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

MINIMUM WAGE (continued)
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.
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.

MINIMUM WAGE EXEMPTIONS:
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:
Employers must keep records(including the rate of pay, hours

worked, and amount paid for each employee for three (3) years.

BREAKS
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.

This rule does not apply when:
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 employeremployee written agreement which provides otherwise.

Rules have been issued granting exemptions when:
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.
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.

Fox Valley Offices
4425 North Market Street- 3rd Floor

Wilmington, DE 19802
(302) 761-8200

Blue Hen Corporate Center
655 S Bay Road, Ste. 2H
Dover, DE 19901
(302) 422-1134

Georgetown American Job Center
8 Georgetown Plaza, Suite 2
Georgetown, DE 19947
(302) 856-5230

University Office Plaza
252 Chapman Road, 2nd Floor
Newark, DE 19702
(302) 761-8200

DELAWARE DEPARTMENT OF LABOR
DIVISION OF INDUSTRIAL AFFAIRS

Email: [email protected] | Email: [email protected] | Website: Labor.delaware.gov

CHILD LABOR

WAGE THEFT
An employer may not do any of the following:

General Provisions
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.
Provisions for Individuals 14 and 15 Years of Age:

MINORS 14-15 YEARS OF AGE SHALL NOT WORK:
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.

Specific Provisions for Individuals 16 and 17 Years of Age:
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.

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.

PENALTIES
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

RETALIATION

The Delaware Department of Labor, Division of Industrial Affairs, Office of

Labor Law Enforcement at any of the addresses listed.

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:

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.

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.

For a list of Prohibited Occupations, contact:

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.

Revised 01/17/2023

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.