Delaware § 1103 Employees separated from the payroll before regular payday; damages for failure to pay wages

Delaware Statutes

§ 1103 — Employees separated from the payroll before regular payday; damages for failure to pay wages

Delaware·Title 19·Part General Provisions·Ch. 11 WAGE PAYMENT AND COLLECTION

(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 following: a. The next date the wages would be paid through the last day worked under the employer’s regular pay cycle as if the employment had not stopped. b. Three business days after the last day worked.

(2)The employer must make the payment due under paragraph (a)(1) of this section using either of the following methods: a. The usual pay channels as if the employment had not been suspended or terminated. b. If requested by the employee, by mail to the address provided in the employee’s request or if no address is provided, the most recent address provided to the employer.

(b)(1) Wages paid under subsectio

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(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 following:

a. The next date the wages would be paid through the last day worked under the employer’s regular pay cycle as if the employment had not stopped.

b. Three business days after the last day worked.

(2) The employer must make the payment due under paragraph (a)(1) of this section using either of the following methods:

a. The usual pay channels as if the employment had not been suspended or terminated.

b. If requested by the employee, by mail to the address provided in the employee’s request or if no address is provided, the most recent address provided to the employer.

(b) (1) Wages paid under subsection (a) of this section must be paid in compliance with the requirements under §§ 1104 and 1107 of this title.

(2) If an employer, without any reasonable grounds for dispute under § 1104 or § 1107 of this title, fails to pay an employee wages as required under this chapter, the employer is also liable to the employee for liquidated damages in the amount of the lower of the following:

a. Ten percent of the unpaid wages for each day, except Sunday and legal holidays, upon which the failure continues after the day upon which payment is required.

b. An amount equal to the unpaid wages.

(3) For purposes of liquidated damages under paragraph (b)(2) of this section, the failure to pay is not deemed to continue after the date of the filing of a petition of bankruptcy with respect to the employer if the employer is adjudicated bankrupt.

(c) An employer who is unable to prepare the payroll due to a labor dispute, power failure, blizzard, or like weather catastrophe, epidemic, fire, or explosion is not in violation of this chapter.

Delaware § 1103 (Employees separated from the payroll before regular payday; damages for failure to pay wages) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

19 Del. C. 1953, § 1103; 55 Del. Laws, c. 19, § 1 ; 57 Del. Laws, c. 152, § 3 ; 64 Del. Laws, c. 226, § 1 ; 70 Del. Laws, c. 186, § 1 ; 83 Del. Laws, c. 444, § 1