Delaware Wage and Hour Investigations laws & compensation compliance analysis

Delaware Wage and Hour Investigations: What you need to know

With 1 day's notice to an employer, the Delaware Department of Labor may enter and inspect a place of employment and examine and copy any or all books, registers, payrolls, and other records that relate to wages, hours, or other conditions of employment. Among other things, the department has the authority to:
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• Question the employer, employees, or others on the premises;
• Require sworn statements from the employer regarding the payment of wages, hours, names, addresses, and other employee information; and
• Investigate facts to determine if minimum wage and wage payment provisions are being violated (DE Code Tit. 19 Sec. 903).
Employers face a civil penalty of $1,000 to $5,000 per offense for the following violations of minimum wage, payment of wages, and child labor provisions:
• Hindering or delaying the department's investigation or refusing to admit the department to the place of employment;
• Failing to make, keep, and preserve required records or falsifying records;
• Refusing to make records accessible to the department;
• Refusing to provide a sworn statement;
• Failing to post of a summary of pertinent laws;
• Paying or agreeing to pay wages at a rate less than the applicable rate; or
• Discharging or discriminating against an employee because that employee filed a wage-hour complaint, provided information to the Delaware Department of Labor, caused a wage-hour investigation, or testified or is about to testify in such an investigation. (DE Code Tit. 19 Sec. 910).
Note: If an employer “falsely makes, utters, draws or delivers” any receipt or statement that credit to an employee's bank account in payment of wages due, the employer must pay a civil penalty of $1,000 to $5,000 per violation (DE Code Tit. 19 Sec. 1112

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Delaware Wage and Hour Investigations Resources

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White Papers Increased Complaints, Enforcement, Warrant FLSA Changes
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