Recordkeeping/Posters Law Summaries

WHAT THE EMPLOYER MUST DO

Employers in Delaware have recordkeeping responsibilities under the state's minimum wage law, wage payment law, child labor law, unemployment insurance law, fair employment practices law and access to personnel files law. See RECORDKEEPING for specific requirements.

Delaware employers must display a summary of the minimum law, a wage payment notice, an unemployment insurance notice, a fair employment practices notice, a summary of the state's disability discrimination law and their vacation pay policy, according to reported law summaries. See POSTERS for specific requirements.

RECORDKEEPING

Minimum wages. --Every employer must make and keep records at the workplace that show the name, address and occupation of each employee, the rate of pay and the amount paid each pay period to each employee, the hours worked each day and each work week by each employee and any other information or records required by the Department of Labor (Del CodeAnn, Sec. 907).

Retention requirement: three years.

Wage payment. --Every employer of over three employees must make, keep and preserve the records specified in Delaware's wage payment law, including wage and hour records, in or about the premises or place of business or employment or at one or more central recordkeeping offices, and make required reports therefrom to the Department of Labor (Del CodeAnn, Sec. 1108).

Retention requirement: three years.

Upon ex parte application of the Department of Labor, showing reasonable ground to believe that any provision of Delaware's wage payment law has been or is being violated, the Superior Court will enter an order permitting the department to enter and inspect, after one day's notice to the employer, the premises or place of business or employment and upon demand examine and copy, wholly or partly, any or all books, registers, payrolls and other records, including those required to be made, kept and preserved under the wage payment law (Del CodeAnn, Sec. 1111).

Child labor. --The Secretary of Labor or the secretary's authorized representative may examine the employment records of any employee for the purpose of enforcing Delaware's child labor law (Del CodeAnn, Sec. 503).

An employer must keep employment certificates for minors on file at all times and make them accessible to the Department of Labor upon request (Del CodeAnn, Sec. 504).

Unemployment insurance. --Employers must keep true and accurate work records containing information prescribed by the Department of Labor, Division of Unemployment Insurance. The records must be kept open to inspection by the department at any reasonable time and as often as necessary.

Retention requirement: four years.

Reports. --The department may require employers to submit sworn or unsworn reports concerning their employees. Where the due date for any of the required reports falls on a Saturday, Sunday or a holiday, the reports may be filed on the first ensuing business day. When a report or notice is mailed to the department, the day of mailing is deemed to be the day of filing.

Information obtained by inspection or through reports will, except to the extent necessary for the proper presentation of a claim, be confidential and will not be published or be open to public inspection (other than to members or employees of governmental agencies in the performance of official duties) in any manner that reveals the employer's identity.

However, the department must disclose wage information to state or local child support enforcement agencies for the purpose of establishing and collecting child support obligations. Wage information will also be released to the U.S. Department of Agriculture and state food stamp agencies for the purpose of determining a benefit claimant's entitlement under such programs.

Access to personnel files. --The employer has the right to protect files from loss, damage or alteration to insure the integrity of the files (Del CodeAnn, Sec. 733).

POSTERS

PLEASE NOTE: Posters are provided for informational purposes only. Many states require posters to be of a particular size, or may require the official poster provided by the regulating agency to be posted, rather than a copy. Please check with the relevant agency to assure proper compliance.

Minimum wages. --Every employer must keep an approved summary of the minimum wage law and applicable regulations posted in a conspicuous and accessible location in or about the premises or place of employment and where employees normally pass (Del CodeAnn, Sec. 908).

How to order. --Employers will be furnished copies of the minimum wage law and regulations by the Department of Labor on request without charge. For information, contact the Secretary of the Department of Labor at the Carvel State Office Building, 820 N. French St., Wilmington, DE 19801. Telephone: (302) 577-2710. Fax: (302) 577-2735.

Wage payment. --Every employer of over three employees must (Del CodeAnn, Sec. 1108):

(1) notify each employee in writing or through a posted notice maintained in a place accessible to the employees and where they normally pass of any reduction in the regular rate of pay, and day, hour and place of payment prior to the time of such reduction;

(2) make available to each employee in writing or through a poster notice maintained in a place accessible to the employees and where they normally pass employment practices and policies with regard to vacation pay, sick leave and comparable matters;

(3) post and maintain in a place accessible to the employees and where they normally pass a summary of Delaware's wage payment law to be supplied by the Department of Labor upon request without charge.

How to order. --To obtain a summary of Delaware's wage payment law, contact the Secretary of the Department of Labor at the Carvel State Office Building, 820 N. French St., Wilmington, DE 19801. Telephone: (302) 577-2710. Fax: (302) 577-2735.

Unemployment insurance. --Every employer must post and maintain printed notices to its employees informing them that the employer is covered by Delaware's unemployment insurance law.

How to order. --To obtain Delaware's printed unemployment insurance notice, contact the Department of Labor, Division of Unemployment Insurance, P.O. Box 9950, Newark, DE 19809. Telephone: (302) 368-6745.

Fair employment practices. --Employers are required to conspicuously post notices setting forth pertinent provisions of the Delaware Fair Employment Practices Act and how to file a complaint (Del CodeAnn, Sec. 716, as amended by P.A. 356 (S. 154), L. 2003, effective September 10, 2004).

Disability: See 8-2600 .

Sexual harassment:

How to order. --To obtain a summary of the "Discrimination is Prohibited" poster, contact the Delaware Department of Labor, Carvel State Office Building, 820 N. French St., Wilmington, DE 19801. Telephone: (302) 577-2710. Fax: (302) 577-2735.

Holidays and vacations. --Every employer of over three employees must make available to each employee in writing or through a posted notice maintained in a place accessible to the employees and where they normally pass employment practices and policies with regard to vacation pay (Del CodeAnn, Sec. 1108).

This is a summary of Recordkeeping-Posters Laws in Delaware.