Wages must be paid at least once a month and within 7 days of the close of the pay period on a payday designated in advance (DE Code Tit. 19 Sec. 1102). Commissions are included in the definition of “wages” and must be paid at least monthly on a designated payday. Railroad employees must be paid every 2 weeks (DE Code Tit. 19 Sec. 702). If a payday falls on a nonworkday, wages due must be paid on the next preceding workday. If 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:
• Overtime hours worked by employees
• Employees hired or resuming employment during the pay period
• Part-time or temporary employees with variable working time (DE Code Tit. 19 Sec. 1102)
Employees who are absent on payday must be paid on the next workday they are present, by mail if requested, or by credit to the bank account designated by the employee.
Deceased employees. Employers may pay final wages due, up to $300, to the following persons, in the order listed: the decedent's dependent children under 21 years of age, then to any surviving spouse, then to any surviving children over 21 years of age and, finally, to the parents of a deceased employee wages due at the time of death up to $300 without a court order (DE Code Tit. 19 Sec. 1106).
An employer covered by the state wage payment laws includes any individual, partnership, association, joint stock company, trust, or corporation, or the administrator or executor of the estate of a deceased individual. The term "employer" does not include federal employees, ...