Delaware
Discussion
Delaware: Updates to Rules for Wage Payment
Effective May 7, 2026, Delaware updated its rules regarding deductions from wages and wage notification. The updates address meal breaks in certain situations. Employees exempt from meal breaks must be allowed to eat meals at their workstation or other authorized locations and to use restroom facilities as necessary. These employees should be compensated for this time. The 30-minute break requirement also does not apply where public safety or an individual or property may be injured, harmed, or damaged during the course of that break. There is now also an exception for employers who have fewer than five employees on a single shift. Employers can comply with the requirement to pay wages by issuing a payroll debit card. Wage theft is also defined as a crime punished by civil penalties and criminal charges and can include a potential felony conviction for repeat offenders. Deductions must be made only if allowed by law or are expressly authorized in writing by the employee and for the benefit of the employee. Employers also must provide written notice of wage rates to each new hire and post it in a prominent and accessible place at the worksite. The notice must contain: (1) rate or rates of pay, including any additional compensation related to the payment of wages; (2) how the employee is paid: by the hour, shift, day, week, commission, etc.; (3) the regular payday; (4) a detailed statement for each pay period; (5) official name of the employer and any other names used for doing business; (6) address and phone number of the employer’s main office or principal location; (7) allowances taken as part of minimum wages, including tips, meals and lodging deductions; and (8) employment practices and policies regarding vacation pay, sick leave and comparable matters. The rules have also expanded the scale of investigations into violations so employers need to ensure they are in compliance.
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