Wage and Hour

Key Concepts & Compliance Basics

• Who must comply with Delaware wage and hour laws?
• What is the difference between minimum wage, overtime, and wage theft?
• What pay information must employers give to employees?
• What happens if an employer does not follow Wage & Hour laws?
• What does Delaware Wage & Hour enforce?
• What are an employer’s basic responsibilities under Delaware Wage & Hour law?
• What workplace records must employers keep under Delaware law?
• How can employers stay compliant with Delaware Wage & Hour requirements?

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Minimum Wage Requirements

• What future minimum wage increases should employers prepare for?
• Are any employees exempt from Delaware’s minimum wage?
• What special rules apply to tipped employees?
• What is the minimum cash wage employers must pay tipped workers?
• Can employers require tip pooling, and what limits apply?
• Are employers allowed to keep any portion of employee tips?
• What is the current minimum wage in Delaware?

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Wage Payment, Deductions & Records

• How long must employers keep wage and hour records?
• How often must employers pay their employees in Delaware?
• What information must appear on an employee pay statement?
• What deductions are employers legally allowed to take from wages?
• What deductions are prohibited?
• What wage records are employers required to maintain?
• What should employers do if an employee reports missing or unpaid wages?

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Wage Theft Prevention & Enforcement

• How should employers respond if contacted by Wage & Hour Enforcement about a complaint?
• What is wage theft under Delaware law?
• What are the penalties for wage theft in Delaware?
• What actions commonly lead to wage theft complaints?
• What must employers do to avoid wage theft violations?

Overtime, Breaks & Scheduling

• Do employers need to provide rest breaks?
• What scheduling rules apply when minors are employed?
• When are employers required to pay overtime in Delaware?
• Are meal breaks required for adult workers?
• Are employers required to give employees certain days off?

Child Labor & Hiring Minors

• When is a work permit required, and who must obtain one?
• What jobs are prohibited for workers under 16?
• What penalties apply if employers violate child labor laws?
• What jobs are prohibited for workers under 18?
• What is the minimum age for employment in Delaware?
• What hours can 14–15 year-olds work?
• What hours can 16–17 year-olds work?
• What meal or rest breaks must employers provide to minors?

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Service Letters (Healthcare, Childcare & Positions of Trust)

• What penalties apply if an employer refuses to complete a service letter?
• What is a service letter, and when must employers request one?
• Which employers are legally required to obtain service letters?
• How quickly must an employer respond to a service letter request?
• What information must employers include in a service letter?
• Are employers protected from liability when completing a service letter?

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Workplace Posting Requirements

• What labor law posters must employers display in the workplace?
• Where must required posters be placed?
• Do employers need to provide posters in multiple languages?
• What happens if an employer does not display required postings?

Clean Indoor Air Act (Employer Responsibilities)

• Where is smoking prohibited under the Clean Indoor Air Act?
• What workplace smoking rules must employers follow in Delaware?
• What signs must employers post to comply with the smoking law?
• What penalties apply if an employer allows smoking in prohibited areas?
• How should employers handle violations by employees or customers?

Labor Trafficking Awareness & Employer Duties

• What industries are most at risk for labor trafficking?
• What is labor trafficking, and why should employers be aware of it?
• What should an employer do if they suspect labor trafficking?
• What signs of labor trafficking should employers look for?
• Are employers required to cooperate with DOL if labor trafficking is reported?

Inspections, Investigations & Employer Rights

• What rights do employers have during a Wage & Hour investigation?
• What happens after an investigation is completed?
• When can Wage & Hour conduct an inspection or investigation?
• What records must an employer provide during an investigation?
• What obligations do employers have during a Wage & Hour investigation?

Employer Penalties & Compliance Requirements

• What penalties can employers face for violating minimum wage laws?
• What penalties apply for failing to provide required service letters?
• What penalties apply for Clean Indoor Air Act violations?
• What penalties apply for child labor violations?
• What penalties apply for recordkeeping violations?