OFFICE OF LABOR LAW ENFORCEMENT
Minimum Wage: The Department of Labor can collect minimum wages on behalf of Delaware workers. The minimum wage is $7.15 as of January 1, 2008.
Special Minimum Wages:
- Special Minimum Wages for Disabled Workers in Sheltered Workshops (Regulation MW 101
) - Special Minimum Wages for Disabled Workers in Competitive Employment (Regulation MW 102)
- Special Minimum Wages for Apprentices (Regulation MW 103)
- Special Minimum Wages for Student-Learners (Regulation MW 104)
- 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.
- 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
- Inmates participating in Department of Correction programs
Wage Payment & Collection:The Department of Labor can collect unpaid wages and benefits on behalf of workers..
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, Section 1102(d).
- 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).
- 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.
Rules Regulating Deductions from Wages for Wage Payment and Collection - Regulation WP 101
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
Employers of 4 or More Employees are Required to:
- Notify employees in writing at the time of hire of:
- Rate of pay
- Day, hour and place of payment
- 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:
- Amount of wages due
- Pay period covered by the payment
- Amounts of deductions (separately specified) which have been made from the wages
- Total number of hours worked in the pay period (for employees who are paid on 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.
Prevailing Wage Law: General Provisions- The Department of Labor establishes and enforces the payment of wage rates for laborers and mechanics employed on state-funded construction projects.
Prevailing rates must be paid on new construction projects costing more than $100,000 and on alteration, repair, renovation, rehabilitation, demolition or reconstruction projects costing more than $15,000. For a project to be covered by the law, the State or any subdivision thereof must be a party to the publics works contract; and, the State must have appropriated any part of the funds.
The Department of Labor determines the classification of workers and the type of construction on state-funded construction projects. Wage rates are established by an annual survey conducted by the Department.
- Delaware Prevailing Wage Regulations
- Classification of Workers Under Prevailing Wage Law
- Sworn Payroll
- Sworn Payroll Report Form (Total 2 Pages)
- Certified Prevailing Wage Rates
- Certified Prevailing Wage Rates Request Form (Total 2 Pages)
- Current Prevailing Wage Rates
- Building Construction
- Heavy Construction
- Highway Construction
- Prevailing Wage Claim Form
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Apprenticeship and Training:
Registered Apprenticeship is a proven method of training involving on-the-job work experience coupled with related instruction, typically offered in a classroom setting. Registered apprentices work for their employer or sponsor and are paid while they learn their respective trade. Registered Apprenticeship, in simple terms, is a program of “learning while earning.”
The Federal Apprenticeship Act of 1937 authorizes the Federal government, in cooperation with the States, to oversee the nation's apprenticeship system. In Delaware, the Department of Labor manages and ensures compliance with all Registered Apprenticeship activity.
Apprenticeships are offered in a variety of occupations. The majority of apprenticeships are four years in length or 8000 hours of on-the-job training. For each year of training, a minimum of 144 hours of related instruction is required. Upon completion of the required on-the-job training and related instruction, the apprentice is eligible for Journey papers. A journeyperson is nationally recognized as having a well-rounded ability in all phases of their trade.
For more information, or to speak to someone about Registered Apprenticeship, please call the Delaware Department of Labor at (302) 451-3423.
| Rules and Regulations | Downloadable Forms | |
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• View Rules & Regulations
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• Apprenticeship & Training Agreement Form • Sponsor Application Form |
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Child Labor Law: Work Permits are required for minors 14 to 17 years old. The law restricts hours of work and prohibits employment in hazardous occupations..
General Provisions: (Contact the agency for a copy of the Delaware Child Labor Law Booklet, which contains further information.)
- 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 a minor changes employers.
- There are seperate hours restrictions and prohibited occupation requirements for 14 and 15 year-olds and 16 and 17 year-olds.
Specific 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 5 days.
- More than six (6) days in any week.
- More than forty (40) hours per week when school is not in session and
- More than five (5) hours continuously without a non-work period of at least 30 consecutive minutes.
Specific Provisions for individuals 16 and 17 Years of Age.
Minors 16-17 years of age:
- May not work 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 24-hour period.
- May not work more than five (5) hours continuously without a non-work period of at least 30 consecutive minutes.
Prohibited Occupations: (Contact agency for details) Delaware's Child Labor law prohibits minors from working in certain hazardous occupations. The law also incorporates by reference those hazardous/prohibited occupations set forth under the federal Fair Labor Standards Act. For information on the hazardous/prohibited occupations under the Fair Labor Standards Act, go to www.dol.gov/topic/youthlabor/hazardousjobs.
General Provisions: Employers are prohibited by State and/or federal law from discriminating against employees because of their race, color, religion, age, generally 40 years of age or older, sex (including pregnancy), marital status, genetic information, or national origin. Employers of 4 or more employees, labor organizations, employment agencies, and joint labor-management committees for apprenticeship or training are covered by this law.
Sexual Harassment: Sexual harassment is unlawful under both State and federal laws. Sexual harassment can be any unwelcome sexual advance, request for sexual favor, or other verbal or physical conduct of a sexual nature. If the harassment is by a supervisor, your employer is responsible even if you have not complained. If the harassment is by a fellow worker or non-employee, employers are responsible if you have complained to the employer and the employer has taken no action to stop the harassment.
Disability: Employers are prohibited by State and federal law from discriminating against any employee because of disability and requires the employment and advancement of qualified individuals with a disability who, with or without reasonable accommodation, can perform the essential functions of a job. This law applies to any employer with 15 or more employees.
Disabled Persons Employment Protections Regulations: (Contact agency for details)
Discrimination Case processing:Any person who believes he or she has been discriminated against should contact the Delaware Department of Labor's Office of Labor Law Enforcement at any of the telephone numbers listed above. A charge of discrimination must be filed within 90 days of of the alleged unlawfull employment practice under state law and 300 days under federal law.
Procedures of the Delaware Equal Employment Review Board: (Contact agency for details)
For Futher guidance on federal employmnet discrimination laws, procedures and guidelines, visit the website of the Equal Employment Opportunity Center at www.eeoc.gov.
General Provisions
All employees must receive a meal break of at least 30 consecutive minutes if the employee is scheduled to work 7.5 or more hours per day. Meal breaks must be given sometime after the first two (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 employer-employee written agreement, which provides otherwise.
Rules have been issued granting exemptions when:
- Compliance would adversely affect public safety
- Only one employee may perform the duties of a position
- An employer has fewer than five employees on a shift at one location (the exception would only apply to that shift).
- 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 workstations or other authorized locations and use rest room facilities as reasonably necessary.
Rules Relating to Exemptions from Meal Break Requirements:
General Provisions
No person shall smoke in any enclosed area in which the general public is invited or in which the general public is permitted, including but not limited to ... any workplace not exempted. (Contact agency for further details)
Clean Indoor Air Act Regulations
Special Employment Practices Laws:
General Provisions - Delaware's Special Employment Practice Laws include 19 Del.C. §708 (Special Employment Practices relating to Health Care and Child Care facilities), 11 Del.C. §8563 (Child Abuse Registry Check), and 11 Del.C. §8564(Requirement for Adult Abuse Registry Check).
Together, the laws require employers who operate health care and child care businesses to obtain a reference check, or "service letter", and check two registries to insure that they are not hiring individuals with a past history of violent behavior, or who have engaged in abuse or neglect to adults and children who are dependent on their care.
Delaware Special Employment Practices For Health Care and Child Care Facilities Regulations.
