Delaware General Assembly


CHAPTER 152

AN ACT TO AMEND CHAPTER 11, TITLE 19, DELAWARE CODE, RELATING TO WAGE PAYMENT AND COLLECTION.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 1102 (a), Title 19, Delaware Code, is amended by striking out the following words:

"on banks convenient to the place of employment where suitable arrangements are made for cashing for the full amount of the wages due."

and by inserting in lieu thereof, the following words:

"provided suitable arrangements are made by the employer for cashing such checks for the full amount of the wages due at a bank or other business establishment convenient to the place of employment; and provided further however, that upon written request of an employee, an employer may pay such employee all wages due, by credit to a bank account designated by the employee."

Section 2. §1102 (c), Title 19, Delaware Code, is amended by striking the "." at the end thereof and adding the following:

"or by the credit to the bank account designated by the employee."

Section 3. § 1103 (d), Title 19, Delaware Code, is amended by adding thereto the following sentence:

"If an employer is unable to prepare the payroll due to labor disputes, power failure, blizzard or like weather catastrophe, epidemic, fire or explosion, said employer shall not be deemed in violation of this chapter."

Section 4. § 1108, Title 19, Delaware Code, is amended by repealing subsection (b) and enacting a new subsection (b) in lieu thereof to read as follows:

"(b) To notify each employee in writing or through a posted notice maintained in a place accessible to the employees and where they normally pass, of any reduction in the regular rate of pay, and day, hour, and place of payment prior to the time of such change."

Section 5. § 1108 (d), Title 19, Delaware Code, is amended by striking said subsection and substituting in lieu thereof a new subsection (d) to read as follows:

"(d) To furnish to each employee at the time of payment a statement, either on the check or by a separate slip, showing the wages due, the pay period for which wages are due, and the total amount of deductions, separately specified, which have been made from the wages due, provided such statement shall for an employee who is paid at an hourly rate, show the total number of hours for the said pay period."

Section 6. § 1108 (f), Title 19, Delaware Code, is amended by inserting therein, after the word "employment", the following words:

"or at one or more central record keeping offices"

Section 7. § 1112, Title 19, Delaware Code, is amended by adding a new subsection (c) to read as follows:

"(c) Any employer who falsely makes, utters, draws or delivers any receipt, or statement that credit to a bank account of an employee has been made in payment of wages due shall be fined not more than $500.00 or imprisoned not more than one year or both for each such violation."

Approved June 23, 1969.