Nobody ever said running a business was a walk in the park. As an employer, you have a lot of balls in the air, and compliance is just one of them. One really, really important one that, if dropped, could cost you a whole lot of money.
In addition to federal regulations, each state has their own share of employment-related laws that business owners need to be aware of. Here, we’re highlighting some of these key state-specific requirements and laws, and offering guidance to help you keep up.
Bear in mind, this list is not comprehensive, and there may be local or industry-specific employment requirements that your business needs to comply with. It’s best to consult with counsel to ensure compliance with all applicable laws, as Justworks does not provide legal advice.
Payroll Tax Accounts
Because Justworks reports state unemployment taxes on your behalf, you’ll need to provide us with some key pieces of information prior to joining our platform. The link below contains the steps to do that.
Recruiting & Hiring Practices
Salary History Ban
Employers in Delaware are prohibited from screening applicants based on their compensation histories and from seeking information about an applicant’s compensation history from the applicant or from a current or former employer of the applicant.
Delaware Department of Labor (DOL): Compensation History
Mineral: Salary History Bans by State*
Notice of Pay
Delaware employers of 4 or more employees are required to notify employees, in writing, at the time of hire, of the rate of pay and of the day, hour, or place of payment. Employers of this same size are also required to notify employees, in writing, of any reductions in the rate of pay and any changes to the day, hour, or place of payment or benefits, in advance of such changes.
Delaware DOL: Wage Payment
Mineral: Delaware Wage Payment*
When classifying workers as employees or independent contractors, there are a few things to consider, including the different tests that apply under different federal and state employment laws, and potential penalties and other liabilities for misclassifying employees as independent contractors. Certain state laws apply tests that are more stringent than the guidance provided by federal agencies, such as the IRS and Department of Labor, to apply in conjunction with federal laws.
You can read our general Help Center article on contractors, and view information on how to determine if someone is a contractor or employee in Delaware at the links below.
Mineral: Delaware Independent Contractors*
Delaware Department of Labor (DOL), Division of Unemployment Insurance: Employer FAQs
Delaware employers can find the most up-to-date minimum wage requirements from the Delaware Department of Labor (DOL). Delaware does not have a specific overtime law, but employers in the state are still subject to overtime rules under the federal Fair Labor and Standards Act (FLSA).
Delaware DOL: Minimum Wage
Mineral: Delaware Minimum Wage and Overtime*
Meal & Rest Breaks
Subject to a few exemptions, employees in Delaware must receive a meal break of at least 30 consecutive minutes if the employee is scheduled to work 7.5 or more hours per day. Meal breaks must occur after the first two hours but before the last two hours of the employee’s scheduled shift. These breaks need not be paid, provided the employee is completely relieved from their duties during the break.
Additionally, minors (under age 18) may not work more than five continuous hours without a break of at least 30 consecutive minutes.
Delaware DOL: Meal Breaks
Delaware DOL: Child Labor
Mineral: Delaware Meal and Rest Periods*
Harassment & Discrimination
In addition to protections under Federal law, Delaware law requires covered employers to create a workplace environment free from discrimination and harassment based on a number of protected characteristics defined under state law.
Delaware DOL: Office of Anti-Discrimination
Training & Notice Requirements
Employers with 50 or more employees in Delaware must provide interactive sexual harassment prevention training to employees within one year of hire. Supervisors must also receive additional interactive training within one year of taking on a supervisory role. For both supervisors and non-supervisors, training must be provided at least once every two years.
Employers with 4 or more employees in Delaware must provide a Sexual Harassment Notice to new employees at the beginning of employment.
Delaware DOL: Sexual Harassment
Mineral: Delaware Training Requirements*
Justworks has teamed up with EVERFI to offer customers free access to a suite of trainings, which meet or exceed Delaware minimum standards.
Harassment Prevention and Inclusion Trainings in Justworks
Delaware employers should familiarize themselves with specific compliance requirements for terminating employees.
When an employee quits or is discharged, the employee must receive their final wages in accordance with the employer’s regular pay schedule.
Delaware employers should clearly set forth in writing any policy with respect to unused vacation and its payment upon termination of employment.
Delaware DOL: Wage Payment
Business Closings and Layoffs
Federal and Delaware state laws impose certain notice and other obligations on covered businesses before conducting large-scale business closures, layoffs, or relocations. In Delaware, most businesses employing 100 or more employees must provide written notice to the Delaware Division of Employment and Training at least 60 days before implementing a mass layoff, plant closing, or relocation. For more information, visit the links below.
U.S. Department of Labor: Worker Adjustment and Retraining Notification (WARN) Act Advisor
Delaware DOL: Division of Employment & Training
Mineral: Delaware Layoffs*
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This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.