You have a right to be paid for all of the time that you work at a job. If you were not paid the wages that you earned or if your tips were withheld by an employer, you can file a wage theft claim. Your employer must comply with both Federal and state laws that protect workers from wage theft.
Delaware Wage Laws
Federal and state laws both have specific laws that mandate what employees must be paid and what time they must be paid for. All employers must pay at least minimum wage. There is a Federal minimum wage, and the minimum wage set by the state of Delaware. By law, your employer has to pay you the higher of the two, which is Delaware’s minimum wage.
Delaware minimum wage is $13.25 per hour as of 2024, which is higher than the Federal minimum wage which is $7.25 per hour as of 2024. Because the Delaware minimum wage is higher employers must pay employees at least $13.25 per hour. If your employer doesn’t pay you at least $13.25 you can file a claim for wage theft.
Tipped Jobs
If you work in a job where you receive tips the minimum wage rules are a bit different. The minimum cash wage payable to employees who receive tips is $2.23 per hour in 2024. However, your employer cannot take or keep your tips except as required by law.
Tip pooling is permitted in certain situations, as long as the amount pooled doesn’t exceed 15% of the actual tips received by the employee.
Overtime
Delaware follows the Fair Labor Standards Act which requires employees to be paid overtime if they work more than 40 hours in a week. If you work overtime, an employer must pay you a rate of time and a half for all hours over 40 that you work.
If you were not paid the overtime rate for overtime that you worked, you may be able to file a claim for wage theft against your employer. All time over 40 hours must be paid at the overtime rate, even if it’s not a full hour.
Minimum Wage Exceptions
There are some cases where the minimum wage laws don’t apply such as:
- Employees in agriculture
- Employees in domestic service in or about private homes
- Employees of the United States Government
- Outside commission-paid salespeople
- Bona fide executives, administrators, and professionals
- Employees engaged in fishing and fish processing at sea
- Volunteer workers (for educational, religious, or non-profit organizations)
- Junior camp counselors employed by non-profit summer camp programs
- Inmates participating in Department of Correction programs
How To File A Delaware Wage Theft Claim
To file a wage theft claim in Delaware you can fill out a complaint through the Office Of Wage And Hours. You can file a complaint online or email your claim. You can also call the Office of Wage & Hour at (302) 761-8200 and press option. But, you must file your claim within 10.5 months of the date that the claim arose.
What Do I Need When I File A Claim For Unpaid Wages In Delaware?
You must include as much proof as possible with your complaint to prove that your employer hasn’t paid you what they owe you. You should include things like:
- Copies of your pay stubs
- Copies of your schedule
- The employee handbook or at least the section about pay
- Any emails, texts, or other correspondence from your employer about pay
- Any proof you have showing your tip amounts
- Your W-2
- You will need your address, phone number, social security number
- Documentation of the unpaid wages, dates, hours worked, and calculations of hours owed.
Speak With A Wage Theft Lawyer Helping Those In Delaware
Working with a wage theft lawyer in Delaware can increase the chances of your claim being successful. A wage theft lawyer can help you navigate the legal process and help you by:
- Reducing stress and helping manage paperwork, guiding you through the legal process
- Helping gather evidence and build your case.
- Ensuring your rights are protected
- Negotiating on your behalf to ensure a fair settlement
- Helping you avoid common mistakes
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