Delaware Labor Law Information Poster Required
The Labor Law Information Poster is a labor law posters poster by the Delaware Department Of Labor. This is a mandatory posting for all employers in Delaware, and businesses who fail to comply may be subject to fines or sanctions.
This poster must be posted in a conspicuous place where all employees in the state of Delaware will see it. It describes the many different parts of labor laws including payment of wages such as how often wages must be paid, what employers are required to notify employees of when they are hired, and what unlawful deductions are. Also described is everything an injured employee needs to get workers' compensation, what the minimum wage is for tipped and untipped workers and what the exceptions are to minimum wage, what to do if discriminated against in the workplace, how the state deals with breaks, and the rules for child labor.
DE All-In-One Labor Poster: Instead of printing out dozens of posters, employers can also purchase an all-in-one poster that covers both Delaware and Federal poster requirements by clicking here .
Regular Rate: eﬀecve: 06-01-15 - $8.25/hour eﬀecve: 01-01-19 - $8.75/hour eﬀecve: 10-01-19 - $9.25/hourYouth Rate: (Ages 14-17) and Training Rate: (adults, 1st 90 days on the job) eﬀecve: 01-01-19 - $8.25/hour eﬀecve: 10-01-19 - $8.75/hour PAYMENT OF WAGES EMPLOYERS OF FOUR (4) OR MORE EMPLOYEES ARE REQUIRED TO: Nofy employees in wring at the me of hire: 1. Rate of Pay 2 . Day, hour and place of payment 3 . Employer's fringe beneﬁts policies Nofy employees in wring of any reducons 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 deducons (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 excepons, 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 wrien 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 permied 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 (connued) EMPLOYEES WHO RECEIVE TIPS The minimum cash wage payable to employees who receive ps is $2.23 per hour, eﬀecve 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 permied (under certain condions) in an amount not to exceed 15% of the actual ps received by the employee. MINIMUM WAGE EXEMPTIONS: Employees in agriculture. Employees in domesc service in or about private homes. Employees of the United States Government. Outside commission paid salespeople. Bona ﬁde execuves, administrators, and professionals. Employees engaged in ﬁshing and ﬁsh processing at sea. Volunteer workers (for educaonal, religious or non-proﬁt organizaons). 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 consecuve minutes if the employee is scheduled to work 7.5 or more hours per day. Must be aer 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 cerﬁed by the State Board of Educaon and employed by a local school board to work directly with children. There is a collecve bargaining agreement or other employer- employee wrien agreement which provides otherwise. Rules have been issued granng exempons when: Compliance would adversely aﬀect public safety. Only one (1) employee may perform the dues of a posion. An employer has fewer than ﬁve (5) employees on a shi at one locaon (the excepon would only apply to that shi). The connuous nature of an employer's operaons, such as chemical producon or research experiments, requires employees to respond to urgent or unusual condions at all mes and the employees are compensated for their meal breaks. Where exempons are allowed, employees must be allowed to eat meals at their work staons or other authorized locaons and use restroom facilies 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 discriminang 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 organizaons, employment agencies and joint labor management commiees for apprenceship or training are covered by this law. SEXUAL HARASSMENT: Sexual harassment of employees, applicants, apprences, 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 rejecon 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 creang an inmidang, hosle, 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 acon to stop or correct the sexual harassment. Eﬀecve January 1, 2019, employers must distribute the Department of Labor Sexual Harassment Informaonal worksheet to all employees. Employers with 50 or more employees must provide interacve sexual harassment training to all new employees, and every two years aer. DISABILITY: Employers are prohibited by state law from discriminang against any employee because of disability. State law requires the employment and advancement of qualiﬁed individuals with a disability who, with or without reasonable accommodaon, can perform the essenal funcons of a job. PREGNANCY: Employers must provide reasonable accommodaons to employees with respect to pregnancy, childbirth, lactaon and related condions. Employers may not deny job applicants a posion based on the need for a pregnancy-related workplace accommodaon, make unnecessary changes to a pregnant employee's job funcons or require a pregnant employee to take paid or unpaid leave when a reasonable accommodaon would permit the employee to connue working. ANY PERSON: who believes he or she has been discriminated against should contact the Delaware Department of Labor, Oﬃce of An-Discriminaon at (302) 761-8200. A Charge of Discriminaon must be ﬁled within 300 days of the alleged unla w ful employment pracce. 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 (connued) Provisions for Individuals 14 and 15 Years of Age: MINORS 14-15 YEARS OF AGE SHALL NOT WORK: Before 7:00 a.m. or aer 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 connuously without a non-work period of at least thirty (30) consecuve minutes. Speciﬁc Provisions for Individuals 16 and 17 Years of Age: Not more than twelve (12) hours in a combinaon of school and work hours per day Must have at least eight (8) consecuve hours of non-work, non-school me in each twenty-four (24) hour period May not work more than ﬁve (5) hours connuously without a non- work period of at least thirty (30) consecuve minutes. For a list of Prohibited Occupaons, 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 informaon regarding the provisions of Delaware's Child Labor Laws. The requirements of state law do not aﬀect an employer's obligaon to comply with any provisions of federal law. WORKERS COMPENSATION IMPORTANT THINGS TO DO IN CASE OF INJURYTHE EMPLOYER SHOULD: Carry Workers’ Compensaon 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 wring to the Oﬃce of Workers' Compensaon. Ascertain the average weekly wages of the employee and provide compensaon in accordance with the provisions of the law, for disability beyond the third day aer the accident. All agreements as to compensaon must be submied to the Oﬃce of Workers' Compensaon for approval. THE EMPLOYEE SHOULD: Immediately nofy the employer in wring of accidental injury or occupaonal disease and request medical services. Failure to give noce or to accept medical services may deprive the employee of the right to compensaon. Give promptly to the employer, directly or through a supervisor, noce of any claim for compensaon for the period of disability beyond the third day aer the accident. In case of fatal injuries, noce 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 compensaon under the law, ﬁle an applicaon with the Industrial Accident Board for a hearing on the maers at issue within two (2) years of the date of accidental injury or one (1) year of knowledge of a diagnosis of an occupaonal disease or an ionizing radiaon injury. All forms can be obtained from the Oﬃce of Workers' Compensaon. It is unlawful to retaliate against an emplo yee because (s)he has made a complaint or given informaon to the Dept of Labor about possible labor law violaons. EMPLOYERS ARE REQUIRED BY LAW TO DISPLAY THIS OFFICIAL POSTER IN A PLACE ACCESSIBLE TO EMPLOYEES AND WHERE THEY REGULARLY PASS. Violaons of Delaware Labor Laws could result in ﬁnes of up to $10,000 per violaon.
Other Delaware Labor Law Posters 3 PDFS
There are an additional three optional and mandatory Delaware labor law posters that may be relevant to your business. Be sure to also print all relevant state labor law posters, as well as all mandatory federal labor law posters.
- Original poster PDF https://dia.delawareworks.com/labor-law/documents/Labor%20Law%20Poster.pdf , updated November 2019
- Delaware Labor Law Posters at http://dol.delaware.gov/
- Delaware Department Of Labor
While we do our best to keep our list of Delaware labor law posters up to date and complete, we cannot be held liable for errors or omissions. Is the poster on this page out-of-date or not working? Please let us know and we will fix it ASAP.