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Summary of differences between federal and state regulations
The federal Fair Labor Standards Act contains certain provisions in regard to compensation in terms of minimum wage, overtime, child labor and recordkeeping requirements. Corresponding state provisions will be found under those topic areas. States are free to adopt additional provisions that are not regulated by the federal government such as frequency of payday and wage deductions. These provisions are discussed in this section.
Delaware law contains the following provisions:
Regular payday
An employer will pay wages on regular paydays designated in advance, in money or in checks, for the full amount of wages, or directly to a financial institution of an employee’s choice with the employee’s written authorization. Wages are due within seven days of the close of the pay period. If a payday falls on a non-work day, wages will be paid the preceding work day. Del. Code §1102
Wage deductions
An employer may withhold wages from an employee’s check only if required or empowered to do so by law, by signed employee authorization where the deduction is for the employee’s benefit, or if deductions are for medical care. §1107
Notification
An employer of more than three (four or more) employees must notify them in writing at the time of hire of their rate of pay, and the day, hour and place of payment; must notify employees in writing or by posting of any reduction in pay, and the day, hour and place of payment prior to the change; and must furnish a wage statement with the check itemizing deductions, indicating the pay period, and the number of hours worked in the pay period. §1108
Other compensation
An employer who has agreed to provide compensation other than wages, including reimbursement for expenses, health or retirement benefits, vacation, separation or holiday pay etc., must pay within 30 days from when such payments are due. §1109
State
Contact
Delaware Division of Industrial Affairs
Regulations
Regular payday
Delaware Code Title 19, Chapter 11, § 1102
Wage deductions
Delaware Code Title 19, Chapter 11, § 1107
Notification
Delaware Code Title 19, Chapter 11, § 1108
Other compensation
Delaware Code Title 19, Chapter 11, § 1109
Federal
Contacts
None.
Regulations
None.