CHAPTER 341

FORMERLY

SENATE BILL NO. 443

AN ACT TO AMEND TITLE 29, DELAWARE CODE, RELATING TO THE METHOD OF PAYMENT OF STATE OFFICIALS AND EMPLOYEES.

WHEREAS, §2711, Chapter 27, Title 29, Delaware Code, specifies that the payments of the salaries of State officials and employees shall be made on the fifteenth day of each calendar month and on the last day of each calendar month; and

WHEREAS, the Department of Highways and Transportation does employ a relatively large number of persons whose wages are based upon an hourly rate and whose semi-monthly compensations are determined by multiplying such hourly rate by the actual number of hours worked during a semi-monthly period; and

WHEREAS, it is impossible to determine the compensations of individuals so employed prior to the terminal dates of the semi-monthly periods on the fifteenth and last day of each calendar month; and

WHEREAS, it has been the practice within the Department of Highways and Transportation to determine the compensations of employees paid on an hourly basis upon conclusion of each semi-monthly period and to make payments to such employees on the twenty-second day of each calendar month for wages earned during the first fifteen days of such month, and to make payments on the seventh day of each calendar month for wages earned during the last half of the preceeding month; and

WHEREAS, if such dates of payments fall on Saturday, Sunday, or a holiday, the actual payments are delivered to personnel in this category on the last working day prior to such Saturday, Sunday, or holiday; NOW, THEREFORE:

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

Section 1. Amend §2711, Chapter 27, Title 29, Delaware Code, by adding a new paragraph thereto, to read as follows:

"The wages of persons employed by the Department of Highways and Transportation on the basis of an hourly rate of pay and whose compensation is determined by multiplying such hourly rate by the number of hours actually worked during a pay period shall be paid semi-monthly. In any calendar month the first payment shall be made on the seventh day of such month and shall represent all wages earned during the period from the sixteenth day through the last day of the preceding calendar month; the second payment shall be made on the twenty-second day of each month and shall represent all wages earned during the period from the first day through the fifteenth day of the current month. If any of the dates of payment specified herein should occur on a Saturday, Sunday, or holiday, payment shall be made on the last working day prior to such Saturday, Sunday, or holiday. The payments of wages, as outlined herein, shall be made from funds authorized for the period in which the work was performed."

Approved March 31, 1976