CHAPTER 103

FORMERLY

SENATE BILL NO. 166

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO WAGE PAYMENT AND COLLECTION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §1101(a), Title 19 of the Delaware Code by adding the following sentence to the end of both subsection (3) and (4):

"This chapter does not apply to employees of the United State Government, the State of Delaware or any political subdivision thereof."

Section 2. Amend § 1102, Title 19 of the Delaware Code by striking subsection (d) in its entirety.

Section 3. Further amend §1102, Title 19 of the Delaware Code by striking subsection (b) in its entirety and substituting in lieu thereof the following:

"(b) Every employer shall pay all wages due within 7 days from the close of the pay period in which the wages were earned, provided that if the regular payday falls on a non-work day, payment shall be made on the preceding workday. If, however, the regular payday is within the pay period (on or before the final day of the pay period) and the pay period does not exceed 16 days, the employer may delay until the next pay period compensation for the following:

(1) overtime hours worked by employees;

(2) employees hired or resuming employment during the pay period; and

(2) part-time or temporary employees with variable working time."

Approved June 26, 1995