Delaware Pay Period and Frequency Laws

Various labor laws and regulations are in effect across the United States. Some federal laws apply to all states, but no law is in place around pay period and frequency on a nationwide level. Explore the requirements around the schedule for paying employees in Delaware.

Does Delaware Have Pay Period and Frequency Laws That Differ from Federal Laws?

Yes, Delaware state law does establish rules for pay frequency. While the federal Fair Labor Standards Act requires employees to be paid for time worked, it does not specify frequency. 

How Often Do Employers Need to Pay Employees in Delaware?

Delaware labor law requires employees to be paid at least once a calendar month.

How Long After a Pay Period Must Wage be Paid in Delaware?

Employees in Delaware must be paid within seven days of the end of each pay period with a few exceptions:

• If the payday falls on a non-workday, payment must be given on the workday prior.
• If an employee is absent on a payday, and they receive cash or a paper check, they can be paid on the workday they return or may request their check by mail.
• Wages for overtime work, variable part-time work, or work performed by employees hired within a pay period may be delayed until the next pay period, provided it is not more than 16 days away

What Are the Penalties to Employers for Late Paychecks in Delaware?

Delaware state law says each violation of late payment is subject to a minimum penalty of $1,000 and $5,000 maximum. The same penalties may be assessed if an employer discriminates against an employee who files a complaint.

What Are the Paycheck Requirements for An Employee Whose Employment Has Been Terminated?

The statue for terminated employees includes those who have quit, resigned, been laid off, or suspended. It requires wages to be paid on the next scheduled payday or three business days after the last day worked, whichever is later.

What Are There Any Municipalities or Cities in Delaware That Have Differing Pay Period or Pay Frequency Laws?

Pay period and frequency laws apply to all cities and municipalities in Delaware.

Are There Any Other Laws in Delaware Regarding Pay Periods and Pay Frequency?

At the time of hiring, Delaware employers with four or more employees must provide in writing the following information:

• Rate of pay
• Day, hour, and place of payment
• Company benefits

Changes to any of the above must be provided in writing.

Employees are also entitled to a pay statement that shows:

• Amount of pay
• Pay period covered
• Any deductions
• Total hours worked for hourly employees

Accurate hours are critical to accurate paychecks. An automated time and labor platform like WorkforceHub streamlines how you collect employee time data. Integrations with top payroll platforms ensure that employees receive the proper pay for hours worked. Plus, you can set up pay periods within the platform that comply with Delaware regulations.