Delaware: New-Hire Wage Notice Requirements

Requirements one by one

Employers over the threshold give a written hire notice

19 Del. C. § 1108(1)-(6) applies the notice duties to every employer of more
than three employees. At hiring, the employer must notify each employee in
writing of the rate of pay and the day, hour, and place of payment.

The statute does not prescribe a state form, paper versus electronic delivery,
employee language, translation, signature, acknowledgment, or receipt. It also
does not require pay basis, multiple rates, overtime, normal hours, employer
identity, insurance, allowances, deductions, or benefits in the hire notice.

Chapter coverage excludes government workers and contractors

19 Del. C. § 1101(a)(3)-(5), (8) broadly covers persons suffered or permitted
to work for private employers. The chapter excludes federal, Delaware state,
and local-government employees and independent contractors.

Section 1108 separately creates an employer-size threshold: an employer with
three or fewer employees is outside these notice duties.

Reductions may be announced in writing or by posting

Before reducing the regular rate of pay or the listed day, hour, and place of
payment, the employer must notify each employee in writing or maintain a notice
where employees can access it and normally pass. The statute states no fixed
number of advance days, but notice must precede the reduction.

The initial hire rule is different. It requires written notice to each
employee; the posting option appears in the later reduction provision.

Wage records last three years, not expressly notice copies

Section 1108(6) requires wage and hour records to be preserved for at least
three years. It does not expressly say the employer must keep a copy of the
hire or reduction notice for that period.

The same section separately requires employee-facing payday statements and
workplace postings, but those duties do not add fields to the hire notice.

Each violation can carry a civil penalty

19 Del. C. § 1111(a)-(c) authorizes the Department of Labor to administer and
enforce the chapter, inspect records, investigate violations, and bring
penalty actions. Under 19 Del. C. § 1112(a), a failure to comply with any
chapter requirement carries a civil penalty of $1,000 to $5,000 for each
violation.

The chapter's employee damages provisions concern unpaid wages and should not
be presented as automatic recovery for a notice-only defect.

What trips people up

The threshold is more than three employees. Section 1108 does not apply
its notice duties to every employer regardless of size.

Payment “place” remains a required hire field. A pay-frequency statement
or direct-deposit clause does not necessarily identify the statutory day,
hour, and place of payment.

Posting is a change-notice option, not the hire method. The initial notice
must be delivered to each employee in writing.

Common questions

What must the Delaware hire notice say?

The employee's pay rate and the day, hour, and place of payment.

Does an employer with three employees have to give this notice?

Not under § 1108. Its duties apply to an employer of more than three employees.

How early must a reduction be disclosed?

Before the reduction occurs. The statute sets no fixed number of advance days.

Must the employee sign the notice?

No signature, acknowledgment, or receipt requirement appears in § 1108.

Statutes and sources

• 19 Del. C. § 1101. Chapter coverage and wage definitions.
  Official statute
  (accessed July 22, 2026).
• 19 Del. C. § 1108. Written hire notice, reduction notice, policies,
  payday statements, postings, and three-year records. Official statute
  (accessed July 22, 2026).
• 19 Del. C. §§ 1111 to 1112. Department enforcement and civil penalty.
  Official statute
  (accessed July 22, 2026).