§ 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 checks provided suitable arrangements are made by the employer for cashing such checks for the full amount of the wages due at a bank or other business establishment convenient to the place of employment. But upon written request of an employee, an employer may pay such employee all wages due by credit to a bank account designated by the employee.

(b) Every employer shall pay all wages due within 7 days from the close of the pay period in which the wages were earned; provided, that if the regular payday falls on a nonwork day, payment shall be made on the preceding workday. If, however, the regular payday is within the pay period (on or before the final day of the pay period) and the pay period does not exceed 16 days, the employer may delay until the next pay period compensation for the following:

(1) Overtime hours worked by employees;

(2) Employees hired or resuming employment during the pay period; and

(3) Part-time or temporary employees with variable working time.

(c) If an employee is for any reason not present on the regular payday, payment shall be made either by mail if requested by the employee or at the next regular workday that the employee is present or by the credit to the bank account designated by the employee.

Legislative History

19 Del. C. 1953, § 1102; 55 Del. Laws, c. 19, § 1 ; 57 Del. Laws, c. 152, §§ 1, 2 ; 68 Del. Laws, c. 217, § 1 ; 70 Del. Laws, c. 103, §§ 2, 3 ; 70 Del. Laws, c. 186, § 1