Delaware Labor Law Information Poster Required

Regular Rate: 
effec�ve: 06-01-15 - $8.25/hour 
effec�ve: 01-01-19 - $8.75/hour 
effec�ve: 10-01-19 - $9.25/hourYouth Rate: (Ages 14-17) and 
Training Rate: (adults, 1st 90 days on
the job)
 
effec�ve: 01-01-19 - $8.25/hour 
effec�ve: 10-01-19 - $8.75/hour
PAYMENT OF WAGES
EMPLOYERS OF FOUR (4) OR MORE EMPLOYEES ARE
REQUIRED TO:	
No�fy employees in wri�ng at the �me of hire: 1. Rate of Pay
2 . Day, hour and place of payment
3 . Employer's fringe benefits policies
No�fy employees in wri�ng of any reduc�ons 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 deduc�ons (separately specified) which have been
made fr	
 om the wages;
4 . Total number of hours worked in pay period (for employees
who ar
 e 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 excep�ons, 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 wri�en 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 permi�ed 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 agr
 eement specifying the amount owed and the repayment
schedule);
3 . Damaged Property
4 . Failure to return employer's property.
MINIMUM W
 AGE	
MINIMUM WAGE (con�nued)
EMPLOYEES WHO RECEIVE TIPS
The minimum cash wage payable to employees who receive �ps is $2.23 per
hour, effec�ve 10/1/96.
The employer must be able to prove that the employee received the balance of
the full minimum rate in �ps.
NOTE: Delaware's minimum cash wage for �pped 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 permi�ed (under certain condi�ons) in an amount not to exceed
15% of the actual �ps received by the employee.
MINIMUM WAGE EXEMPTIONS:	
Employees in agriculture.
Employees in domes�c service in or about private homes.
Employees of the United States Government.
Outside commission paid salespeople.
Bona fide execu�ves, administrators, and professionals.
Employees engaged in fishing and fish processing at sea.
Volunteer workers (for educa�onal, religious or non-profit
organiza�ons).
Junior camp counselors employed by non-profit summer camp
programs.
RECORD KEEPING REQUIREMENTS:
Employers must keep records (including 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 consecu�ve
minutes if the employee is scheduled to work 7.5 or more hours per day.
Must be a�er 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 cer�fied by the State Board
of Educa�on and employed by a local school board to work directly
with children.
There is a collec�ve bargaining agreement or other employer-
employee wri�en agreement which provides otherwise.
Rules have been issued gran�ng exemp�ons when:
Compliance would adversely affect public safety.
Only one (1) employee may perform the du�es of a posi�on.
An employer has fewer than five (5) employees on a shi� at one
loca�on (the excep�on would only apply to that shi�).
The con�nuous nature of an employer's opera�ons, such as chemical
produc�on or research experiments, requires employees to respond to
urgent or unusual condi�ons at all �mes and the employees are
compensated for their meal breaks.
Where exemp�ons are allowed, employees must be allowed to eat meals at
their work sta�ons or other authorized loca�ons and use restroom facili�es
as reasonably necessary.
Fox Valley Offices 
4425 North Market Street - 3rd Floor 
Wilmington, DE 19802 
(302) 761-8200
Georgetown American Job Center 
8 Georgetown Plaza, Suite 2 
Georgetown, DE 19947 
(302) 856-5230	
Delaware Department of Labor 
Division of Industrial Affairs Blue Hen Corporate Center 
655 S Bay Road, Ste. 2H  Dover, DE 19901 (302) 422-1134

DISCRIMINATION
Employers are prohibited by state law from discrimina�ng against employees
because of their RACE; COLOR; NATIONAL ORIGIN; SEX (INCLUDING
PREGNANCY); RELIGION; DISABILITY; AGE (40+); GENETIC INFORMATION;
SEXUAL ORIENTATION; GENDER IDENTITY; MARITAL STATUS; MEMBERSHIP IN
VOLUNTEER EMERGENCY RESPONDER ORGANIZATION (VOLUNTEER
FIREFIGHTERS, AMBULANCE PERSONNEL, LADIES AUXILIARY); VICTIM OF
DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING; FAMILY CARE
RESPONSIBILITIES; REPRODUCTIVE HEALTH DECISIONS; and RETALIATION FOR
INI T I ATING A COMPLAINT OF EMPLOYMENT DISCRIMINATION, OR OPPOSING
OR PARTICIPATING IN THE INVESTIGATION OF A DISCRIMINATORY
EMPLOYMENT PRACTICE . Employers of four (4) or more employees, labor
organiza�ons, employment agencies and joint labor management commi�ees
for appren�ceship or training are covered by this law.
SEXUAL HARASSMENT:  Sexual harassment of employees, applicants,
appren�ces, staffing agency workers, unpaid interns, and independent
contractors is unlawful. Sexual harassment can be unwelcome sexual advances,
requests for sexual favor, or other verbal or physical conduct of a sexual nature
when (1) the employee is expected to submit to such conduct; or (2) the
employee's submission to or rejec�on of such conduct is used as the basis for
employment decisions; or (3) such conduct has the effect of unreasonably
interfering with the employee's work performance or crea�ng an in�mida�ng,
hos�le, or offensive working environment. If the harassment is by a supervisor,
the employer may be responsible even if the employee has not complained. If
the harassment is by a fellow worker or non-employee, employers are
responsible if the employee complained to the employer and the employer has
taken no ac�on to stop or correct the sexual harassment. Effec�ve January 1,
2019, employers must distribute the Department of Labor Sexual Harassment
Informa�onal worksheet to all employees. Employers with 50 or more
employees must provide interac�ve sexual harassment training to all new
employees, and every two years a�er.
DISABILITY:  Employers are prohibited by state law from discrimina�ng against
any employee because of disability. State law requires the employment and
advancement of qualified individuals with a disability who, with or without
reasonable accommoda�on, can perform the essen�al func�ons of a job.
PREGNANCY:  Employers must provide reasonable accommoda�ons to
employees with respect to pregnancy, childbirth, lacta�on and related
condi�ons. Employers may not deny job applicants a posi�on based on the
need for a pregnancy-related workplace accommoda�on, make unnecessary
changes to a pregnant employee's job func�ons or require a pregnant
employee to take paid or unpaid leave when a reasonable accommoda�on
would permit the employee to con�nue working.
ANY PERSON:  who believes he or she has been discriminated against should
contact the Delaware Department of Labor, Office of An�-Discrimina�on at
(302) 761-8200.
A Charge of Discrimina�on must be filed within 300 days of the alleged
unla w	

ful employment prac�ce.
CHILD LABOR
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 a minor changes employers.	
CHILD LABOR  (con�nued)
Provisions for Individuals 14 and 15 Years of Age:
MINORS 14-15 YEARS OF AGE SHALL NOT WORK:	
Before 7:00 a.m. or a�er 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 con�nuously without a non-work period of at
least thirty (30) consecu�ve minutes.
Specific Provisions for Individuals 16 and 17 Years of Age:
Not more than twelve (12) hours in a combina�on of school and work
hours per day
Must have at least eight (8) consecu�ve hours of non-work, non-school
�me in each twenty-four (24) hour period
May not work more than five (5) hours con�nuously without a non-
work period of at least thirty (30) consecu�ve minutes.
For a list of Prohibited Occupa�ons, contact: 
The Delaware Department of Labor, Division of Industrial Affairs, Office of
Labor Law Enforcement at any of the addresses listed.
This poster provides only general informa�on regarding the provisions of
Delaware's Child Labor Laws. The requirements of state law do not affect an
employer's obliga�on to comply with any provisions of federal law.
WORKERS COMPENSATION	
IMPORTANT THINGS TO DO IN CASE OF INJURYTHE EMPLOYER SHOULD:
Carry Workers’ Compensa�on insurance coverage. Provide all necessary
medical, surgical, and hospital treatment from the accident date. Every
employer shall keep a record of all injuries received by employees and make a
report within ten (10) days thereof in wri�ng to the Office of Workers'
Compensa�on. Ascertain the average weekly wages of the employee and
provide compensa�on in accordance with the provisions of the law, for
disability beyond the third day a�er the accident. All agreements as to
compensa�on must be submi�ed to the Office of Workers' Compensa�on for
approval.
THE EMPLOYEE SHOULD:
Immediately no�fy the employer in wri�ng of accidental injury or occupa�onal
disease and request medical services. Failure to give no�ce or to accept
medical services may deprive the employee of the right to compensa�on. Give
promptly to the employer, directly or through a supervisor, no�ce of any claim
for compensa�on for the period of disability beyond the third day a�er the
accident. In case of fatal injuries, no�ce must be given by one or more
dependents of the deceased or by a person on their behalf. In case of failure to
reach an agreement with the employer in regard to compensa�on under the
law, file an applica�on with the Industrial Accident Board for a hearing on the
ma�ers at issue within two (2) years of the date of accidental injury or one (1)
year of knowledge of a diagnosis of an occupa�onal disease or an ionizing
radia�on injury. All forms can be obtained from the Office of Workers'
Compensa�on.
It is unlawful to retaliate against an
emplo	
 yee because (s)he has made a
complaint or given informa�on to the Dept of Labor about possible labor law viola�ons. EMPLOYERS ARE REQUIRED BY LAW TO
DISPLAY THIS OFFICIAL POSTER IN A PLACE ACCESSIBLE TO EMPLOYEES AND WHERE THEY REGULARLY PASS. Viola�ons of Delaware Labor Laws could
result in fines of up to $10,000 per viola�on.