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Women are
78%
more likely to
live in poverty
than white men in
Delaware
Single-woman led households are at the
highest risk
of poverty in
Delaware
In
Delaware
, women earn
$0.77
for every dollar a white man makes
Women in
Delaware
are
68%
more likely to earn
minimum wage
than white men
Women in
Delaware
are
30%
more likely to earn a
tipped wage
than white men
In
Delaware
, at least
70%
of women are essential to the financial security of their household
Generally, Delaware’s equal pay law requires equal pay for “equal work on a job the performance of which requires equal skill, effort and responsibility, and which is performed under similar working conditions,” based on sex.[1]
a. Affirmative Defenses: To justify a pay disparity, an employer can assert the disparity is based on a seniority system, merit system, system which measures earnings by quantity or quality of production, or any factor other than sex.[2]
b. Retaliation: Employers cannot fire you or discriminate against you in any way for making a complaint, instituting proceedings, or testifying related to a pay disparity.[3] An employer who does so is subject to a civil penalty.[4]
[1] Del. Code Ann. tit. 19, § 1107A(a)(2024).
[2] Del. Code Ann. tit. 19, §1107A(a) (2024).
[3] Del. Code Ann. tit. 19, § 1112 (2024).
[4] Del. Code Ann. tit. 19, §1112 (2024).
No. The state equal pay law mirrors the federal law.
No. Delaware does not current mandate any form of pay disclosure.
Yes. Employers cannot screen applicants based on their salary history, including by requiring that prior compensation satisfy minimum or maximum criteria, and they cannot seek salary history from a candidate or current or former employer.[1] However, employers may negotiate and discuss compensation expectations with candidates as long as they do not request compensation history and may confirm your compensation history after you accept an offer.[2]
[1] Del. Code Ann. tit. 19, § 709B (2024).
[2] Del. Code Ann. tit. 19, §709B (2024).
Yes. Employers cannot require that an employee refrain from asking about, discussing, or disclosing wages or the wages of another employee, or discipline an employee for doing so.[1]
[1] Del. Code Ann. tit. 19, § 711 (2024).
No. Delaware does not currently require employers to collect, report, or assess gender-based pay data.
Yes. The Delaware minimum wage exceeds the federal minimum wage and will increase annually until it reaches $15 in 2025.[1] Employers who violate minimum wage requirements are liable for the unpaid wages, plus the costs of the action, necessary expenses of prosecution, and reasonable attorney’s fees.[2] Employers may also face civil penalties.[3]
[1] Del. Code Ann. tit. 19, § 902(a) (2024).
[2] Del. Code Ann. tit. 19, § 911 (2024).
[3] Del. Code Ann. tit. 19, § 910 (2024).
No. Tipped employees maybe paid a lower minimum wage.[1] Additional minimum wage exemptions include agricultural workers.[2]
[1] Del. Code Ann. tit. 19, § 902 (2024); Minimum Wage, Delaware.gov, https://labor.delaware.gov/divisions/industrial-affairs/labor-law/minimum-wage/(last visited Apr. 5, 2024).
[2] Del. Code Ann. tit. 19, § 901 (2024).
Yes. Employers must pay their employees on regular paydays designated in advance, at least once per month.[1]
[1] Del. Code Ann. tit. 19, § 1102 (2024).
Yes. Employers must give each employee written notice at the time of hire of the rate of pay and day, hour, and place of payment.[1] Employers must also furnish a written pay statement for each pay period with the wages due, the pay period, deductions, and if the employee is hourly, the hours worked.[2]
[1] Del. Code Ann. tit. 19, § 1108 (2024).
[2] Del. Code Ann. tit. 19, §1108 (2024).
No. Delaware does not have a specific overtime provision, but federal law applies. Covered, non-exempt employees must receive overtime pay for any time worked beyond 40 hours in a workweek, at a rate no less than time and a half at the regular rate of pay.[1]
[1] 29 U.S.C. § 207.
Yes. For unpaid wages, you may seek recovery of unpaid wages, liquidated damages, costs, and attorney’s fees.[1] Additionally, employers may be subject to civil penalties of $1,000 to $5,000 for wage theft violations or for retaliating against an employee related to a wage theft complaint.[2]
[1] Del. Code Ann. tit. 19, § 1113 (2024).
[2] Del. Code Ann. tit. 19, § 1112 (2024).
