1. What laws are enforced by the Office of Labor Law Enforcement?
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2. Can my employer fire me without giving me notice?
Delaware is an employment-at-will state which means that, absent an employment contract (or collective bargaining agreement) which provides otherwise, an employer can discharge an employee for any reason, or no reason, with or without notice, as long as the discharge does not violate a law (such as the employment discrimination laws). In addition, under the employment-at-will doctrine, an employee can also terminayte the employment relationship with or without notice.
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3. Does my employer have to pay me time and a half for working overtime?
Delaware has no law which determines whether, in a particular circumstance, premium pay is required for overtime hours worked. The federal Fair Labor Standards Act (FLSA) sets the basic overtime pay regulations for employers covered by its provisions, but the law does contain exemptions. Please contact the United States Department of Labor (USDOL) Wage and Hour Division to determine if your employer is required to pay you at the time and a half rate for overtime hours worked. You may contact the Wilmington office of the United States Department of Labor at (302) 573-6112 or the Baltimore office at (410) 962-2265.
Delaware's Wage Payment and Collection Act requires the employer to pay the employee for all hours worked at the pay rate which the employer promised to pay. If the employer promised to pay overtime hours at time and a half, and then failed to pay that rate, you may file a wage claim with our office and the agency will attempt to obtain your unpaid wages.
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4. I work with my supervisor's daughter. He treats her better than me. Is that discrimination?
Employment discrimination laws only prohibit unfair or unjust treatment in the terms and conditions of employment based upon an individual's "protected class". The protected classes, as defined by Delaware and federal employment discrimination laws: race, sex, color, religion, national origin, age and disability. The laws also prohibit retaliation against an individual who has complained of discrimination based upon these classes. In addition, Delaware discrimination laws include marital status and genetic information as protected classes. Therefore, unless the employ
er is treating someone unfairly because of his/her race, sex, etc., the treatment is not considered illegal employment discrimination as defined by the laws.
If you believe that an employer is treating you unfairly because of your protected class, please contact the Office of Labor Law Enforcement in Wilmington at (302) 761-8200 or in Milford at (302) 422-1134. A Labor Law Enforcement Officer will speak with you to determine whether you have legally sufficient information to file a Charge of Discrimination.
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5. My employer has not paid me for my last two weeks of work? What can I do?
Delaware's Wage Payment and Collection Act requires that employers pay all wages due to an employee on the regularly scheduled payday. You can file a wage claim with the Office of Labor Law Enforcement and the agency will attempt to obtain your unpaid wages. Our office can mail you a wage claim form or you can come in to speak with a Labor Law Enforcement Officer and complete a wage claim form at our offices in Wilmington or Milford. The claim will be assigned to an investigator who will then call you to discuss the claim.
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6. As an employer, what labor law posters must I have to comply with the laws enforced by your office?
Of the laws enforced by our office, you must post summaries of the following laws:
- Wage Payment and Collection Act (19 Del. C. Ch. 11)
- Minimum Wage Act (19 Del. C. Ch. 9)
- Discrimination in Employment law (19 Del. C. Ch. 7)
Our office can furnish a comprehensive labor law poster, free of charge, which summarizes these laws and other laws enforced by the division. Please contact our Wilmington office at (302) 761-8200 or our Milford office at (302) 422-1134 to request a poster.
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