Frequency of Payments
You must pay your employees at least monthly on regularly scheduled paydays.
You must pay all wages within seven (7) days after the end of the pay period. If the regular payday falls on a nonwork day, you must pay your employees on the preceding workday.
Manner of Payments
You may pay your employees by cash or check. If you have written consent from the employee, you may pay them via direct deposit.
Payment Upon Separation
If an employee leaves the company for any reason, you must pay them by the next regularly scheduled payday.
You may only deduct or withhold amounts from any employee’s paycheck if
- required or empowered to do so by state or federal law;
- deductions are for medical, surgical, or hospital care or service, without financial benefits to the employer and are recorded in the employers’ record book; or
- you have signed authorization for deductions for a lawful purpose to the benefit of the employee.
You cannot deduct the following:
- cash shortages;
- damaged or lost property;
- uniforms, tools, or other necessary equipment;
- dishonored or bad checks; or
- any similar deduction.
Uniforms & Other Required Equipment or Tools
Delaware does not have any laws about whether you can require an employee to purchase a uniform or equipment necessary for them to do their job. However, you cannot deduct the costs from an employee’s wages, and you cannot deduct the cost of unreturned items from an employee’s final paycheck.
Pre-Hire Medical, Physical, & Drug Tests
Delaware does not have any laws about whether you can require employees to pay for pre-hire exams.
Notice of Wage Reduction
If you have more than three (3) employees, then you must notify an employee in writing or through posted notice (prior to the changes) of any reduction in their regular rate of pay or of any change to the day, hour, and place of payment.
If you have more than three (3) employees, you must give them a paystub with each paycheck. The paystub must include:
- wages due,
- the pay period for which the wages are due,
- each deduction and the amount, and
- total number of hours worked for hourly employees.
The paystubs may be provided on the check, as a separate slip, or electronically (if it’s in a form capable of being retained by the employee).
If you have more than three (3) employees, you must keep all wage and hour records for at least three (3) years.
When you hire an employee, you must provide, in writing, their rate of pay and day, hour, and place of payment.
You must notify an employee in writing or through posted notice (prior to the changes) of any reduction in their regular rate of pay or of any change to the day, hour, and place of payment.
You also must make available, in writing or through a posted notice, any employment practices and policies in regard to
- vacation pay,
- sick leave, and
- any comparable matters.