Title 19 — Labor
26 chapters · 194 sections in this title.
19 Del. C. § 1101. Definitions.
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§ 1101. Definitions. (a) For purposes of this chapter: (1) “Check” means a draft drawn on a bank and payable on demand. (2) “Department” means the Department of Labor. (3) “Employ” means to suffer or permit to work. (4) “Employee” means a person suffered or permitted to work by a…
19 Del. C. § 1102. Payment of wages on regular paydays.
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§ 1102. Payment of wages on regular paydays. (a) Every employer shall pay all wages due to the employer’s employees on regular paydays designated in advance by the employer, which shall be at least once during each calendar month, and in lawful money of the United States or check…
19 Del. C. § 1102A. Wage theft.
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§ 1102A. Wage theft. (a) An employer may not do any of the following: (1) Employ an individual without reporting the individual’s employment to all appropriate government agencies and paying all applicable taxes and fees for the individual. (2) Fail to properly withhold state and…
19 Del. C. § 1103. Employees separated from the payroll before regular payday; damages for failure to pay wages.
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§ 1103. Employees separated from the payroll before regular payday; damages for failure to pay wages. (a) (1) Whenever an employee quits, resigns, is discharged, suspended, or laid off, the wages earned by the employee become due and payable by the employer on the later of the fo…
19 Del. C. § 1104. Unconditional payment of wages conceded to be due.
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§ 1104. Unconditional payment of wages conceded to be due. (a) In case of a dispute over the amount of wages, the employer shall pay without condition and within the time set by this chapter all wages or parts thereof conceded by the employer to be due, leaving to the employee al…
19 Del. C. § 1105. Prime contractor’s responsibility for wage payments.
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§ 1105. Prime contractor’s responsibility for wage payments. Whenever any person shall contract with another for the performance of any work which the contracting person has undertaken to perform, the person shall become civilly liable to employees engaged in the performance of w…
19 Del. C. § 1106. Deceased employees.
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§ 1106. Deceased employees. (a) In the event of the death of an employee the wages due the employee by an employer not in excess of $300 may, upon proper demand, be paid in the absence of actual notice of the pendency of probate proceedings without requiring letters testamentary …
19 Del. C. § 1107. Withholding of wages.
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§ 1107. Withholding of wages. No employer may withhold or divert any portion of an employee’s wages unless: (1) The employer is required or empowered to do so by state or federal law; or (2) The deductions are for medical, surgical or hospital care or service, without financial b…
19 Del. C. § 1107A. Differential rate of pay based on gender prohibited.
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§ 1107A. Differential rate of pay based on gender prohibited. (a) No employees shall be paid a wage at a rate less than the rate at which an employee of the opposite sex in the same establishment is paid for equal work on a job the performance of which requires equal skill, effor…
19 Del. C. § 1108. Duty of employer regarding notification, posting and records.
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§ 1108. Duty of employer regarding notification, posting and records. It shall be the duty of every employer of over 3 employees to: (1) Notify each employee in writing, at the time of hiring, of the rate of pay and of the day, hour and place of payment; (2) Notify each employee …
19 Del. C. § 1109. Benefits and wage supplements.
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§ 1109. Benefits and wage supplements. (a) Any employer who is party to an agreement to pay or provide benefits or wage supplements to any employee shall pay the amount or amounts necessary to provide such benefits or furnish such supplements within 30 days after such payments ar…
19 Del. C. § 1110. Provisions of law may not be waived by agreement.
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§ 1110. Provisions of law may not be waived by agreement. Except as provided in this chapter, no provision of this chapter may in any way be contravened or set aside by private agreement.19 Del. C. 1953, § 1110; 55 Del. Laws, c. 19, § 1; 56 Del. Laws, c. 442, § 1;
19 Del. C. § 1111. Powers of the Department.
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§ 1111. Powers of the Department. (a) The Department shall administer and enforce this chapter. (b) Upon ex parte application of the Department, showing reasonable ground to believe that any provision of this chapter or any regulation published thereunder has been or is being vio…
19 Del. C. § 1112. Penalties.
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§ 1112. Penalties. (a) Any employer who violates or fails to comply with any requirement of this chapter or any regulation published thereunder shall be deemed in violation of this chapter and shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for ea…
19 Del. C. § 1113. Remedies of employees.
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§ 1113. Remedies of employees. (a) A civil action to recover unpaid wages and liquidated damages may be maintained in any court of competent jurisdiction. (b) Whenever the Department determines that wages, as required under this chapter, have not been paid, the Department may bri…
19 Del. C. § 1114. Regulations.
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§ 1114. Regulations. The Department shall have the power to make and revise or rescind such regulations as it may deem necessary or appropriate to administer or enforce this chapter and such regulations shall, except as may be otherwise provided by the Department, take effect upo…
19 Del. C. § 1115. Short title.
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§ 1115. Short title. This chapter shall be known as the “Wage Payment and Collection Act of the State.”19 Del. C. 1953, § 1115; 55 Del. Laws, c. 19, § 1; 56 Del. Laws, c. 442, § 1;