Delaware Wage Claim Demand Letter

WAGE CLAIM DEMAND LETTER

STATE OF DELAWARE

SENDER INFORMATION

From:

RECIPIENT INFORMATION

To:

Date of This Letter: [__/__/____]

RE: FORMAL DEMAND FOR PAYMENT OF UNPAID WAGES PURSUANT TO THE DELAWARE WAGE PAYMENT AND COLLECTION ACT, 19 DEL. C. § 1101 ET SEQ.

Employee Name: [________________________________]

Employee Job Title / Position: [________________________________]

Date of Hire: [__/__/____]

Date of Separation (if applicable): [__/__/____]

Type of Separation: ☐ Involuntary Termination / Discharge ☐ Voluntary Resignation ☐ Layoff / Reduction in Force ☐ Constructive Discharge ☐ Still Employed

Nature of Claim: ☐ Unpaid Regular Wages ☐ Unpaid Overtime ☐ Unpaid Final Wages ☐ Unpaid Commissions ☐ Unpaid Bonuses ☐ Unpaid Vacation / PTO (if promised) ☐ Minimum Wage Violation ☐ Unauthorized Deductions ☐ Failure to Provide Pay Statement ☐ Other: [________________________________]

I. INTRODUCTION AND PURPOSE

Dear [________________________________]:

This letter constitutes a formal demand for the immediate payment of all unpaid wages, compensation, and other amounts due and owing to [________________________________] ("Employee" or "Claimant") from [________________________________] ("Employer") pursuant to the Delaware Wage Payment and Collection Act, 19 Del. C. § 1101 et seq., and the Delaware Minimum Wage Law, 19 Del. C. § 902 et seq.

Under Delaware law, an employer who fails to pay wages as required is subject to significant penalties and liability, including:

• Civil penalties of not less than $1,000 nor more than $5,000 for each violation (19 Del. C. § 1112);
• Liquidated damages in a civil action for unpaid wages (19 Del. C. § 1113);
• Reasonable attorney fees and costs awarded to the prevailing employee;
• Criminal penalties for willful violations, including fines and imprisonment.

This letter serves as: (1) formal notice of the Claimant's demand for all unpaid wages; (2) an opportunity for the Employer to resolve this matter before the Claimant files a complaint with the Delaware Department of Labor or initiates a civil action; and (3) notice that the Claimant reserves all rights under Delaware law, including the right to seek liquidated damages, penalties, and attorney fees.

IMPORTANT — DELAWARE'S SHORT STATUTE OF LIMITATIONS: Delaware has one of the shortest statutes of limitations for wage claims in the nation. Claims must be filed within one (1) year from the date the claim arose. For administrative complaints filed with the Delaware Department of Labor, the complaint must be filed at least ninety (90) days before the statute of limitations expires — effectively requiring filing within approximately ten and one-half (10.5) months. The Claimant intends to protect all rights within the applicable time limitations.

II. EMPLOYMENT BACKGROUND AND FACTUAL BASIS

A. Employment Relationship

The following facts establish the employment relationship between the Claimant and the Employer:

B. Description of Wage Violation

[Provide a detailed narrative of the wage violation. Describe the specific wages that are owed, for what time period, and the employer's failure or refusal to pay. Include specific dates, pay periods, and any communications with the employer regarding the unpaid wages.]

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

III. DETAILED STATEMENT OF WAGES OWED

A. Unpaid Regular Wages

B. Unpaid Overtime Wages

Under 19 Del. C. § 908, employers are required to pay overtime compensation at one and one-half (1.5) times the employee's regular rate of pay for all hours worked in excess of forty (40) hours per workweek. Delaware follows the weekly overtime calculation only — there is no daily overtime requirement.

C. Unpaid Minimum Wage Differential

The Delaware minimum wage effective January 1, 2025 is $15.00 per hour (19 Del. C. § 902). This represents the final step in the series of legislated increases. For tipped employees, the minimum cash wage is $2.23 per hour, provided the employee's total compensation (cash wage plus tips) meets or exceeds the full minimum wage. The tipped minimum wage applies only to employees who regularly receive more than $30 per month in tips.

D. Unpaid Commissions, Bonuses, and Other Compensation

Under 19 Del. C. § 1101(a), "wages" means compensation for labor or services rendered by an employee, including commissions and bonuses in addition to compensation payable on an hourly, salary, or other basis.

E. Unpaid Vacation / PTO Benefits (If Contractually Promised)

Note: Delaware does not have a statute mandating paid vacation or PTO. However, if an employer has a written policy, practice, or employment agreement providing for paid vacation or PTO, those benefits may be enforceable as wages. Under Delaware case law, the terms of the employer's policy or agreement will control whether accrued but unused vacation must be paid out upon separation.

F. Unauthorized Deductions

Under 19 Del. C. § 1107, employers may not make deductions from wages except as authorized by law or with the employee's written consent. Deductions for the employer's benefit that reduce wages below the minimum wage are prohibited.

G. Summary of Total Wages Owed

IV. LEGAL BASIS FOR THIS DEMAND

A. Delaware Wage Payment and Collection Act — 19 Del. C. § 1101 et seq.

The Delaware Wage Payment and Collection Act is the primary statute governing the payment of wages to employees in the State of Delaware. It establishes requirements for the timely payment of wages, provides enforcement mechanisms, and imposes significant penalties for non-compliance.

1. Definition of Wages — 19 Del. C. § 1101(a):

"Wages" means compensation for labor or services rendered by an employee, including commissions and bonuses and including vacation pay and severance pay in addition to compensation payable on an hourly, salary, or other basis. The definition is broad and encompasses all forms of monetary compensation agreed upon between the employer and employee.

2. Frequency of Wage Payments — 19 Del. C. § 1102(a):

Every employer shall pay wages due to employees at least once during each calendar month. Wages must be paid within seven (7) days of the end of the pay period in which the wages were earned, or on the last working day before the regular payday if the regular payday falls on a non-working day.

3. Payment Upon Separation — Final Wages — 19 Del. C. § 1103:

When an employee is separated from the payroll for any reason — whether by discharge, layoff, resignation, or otherwise — the employer shall pay the employee all wages due no later than the next regularly scheduled payday for the pay period during which the separation occurred.

This applies regardless of whether the separation was voluntary or involuntary. There is no distinction in Delaware between final pay timing for discharged employees versus employees who resign.

4. Method of Payment — 19 Del. C. § 1102(b):

Wages must be paid in lawful money of the United States, by check, or by direct deposit (with written authorization from the employee). The employer must provide a pay statement to each employee at the time wages are paid if the employer has four (4) or more employees.

5. Required Pay Statement Information — 19 Del. C. § 1108:

For employers with four or more employees, each pay statement must include:

• Hours worked during the pay period;
• Rate of pay;
• Gross wages;
• Itemized deductions;
• Net pay.

6. Restrictions on Deductions — 19 Del. C. § 1107:

Employers may not make deductions from wages except as:

• Required by state or federal law (taxes, garnishments, etc.);
• Authorized in writing by the employee for lawful purposes;
• Provided for in a bona fide collective bargaining agreement.

Deductions that reduce wages below the applicable minimum wage are prohibited.

B. Penalty Provisions — 19 Del. C. § 1112

Any employer who violates or fails to comply with any requirement of the Delaware Wage Payment and Collection Act shall be subject to a civil penalty of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) for each violation.

These penalties are assessed by the Delaware Department of Labor and are in addition to any other remedies available to the employee, including the recovery of unpaid wages and liquidated damages.

C. Civil Actions and Liquidated Damages — 19 Del. C. § 1113

An employee may bring a civil action to recover unpaid wages. The statute provides for:

1. Recovery of unpaid wages: The full amount of wages due and owing;
2. Liquidated damages: An additional amount as liquidated damages;
3. Reasonable attorney fees and costs: Awarded to the prevailing employee;
4. Court costs and filing fees: The Department is exempt from filing fees when bringing enforcement actions on behalf of employees.

D. Department of Labor Enforcement — 19 Del. C. § 1110 and § 1111

The Delaware Department of Labor has authority to:

1. Investigate complaints: The Department may investigate allegations of wage payment violations;
2. Institute actions: The Department may file civil actions in the Superior Court to recover unpaid wages and penalties on behalf of employees;
3. Join claims: The Department may join various claimants in a single action for efficiency;
4. Preferred claims/liens: Wage claims constitute a preferred claim or lien against the employer's assets.

E. Criminal Penalties — 19 Del. C. § 1112

In addition to civil penalties, employers who willfully fail to pay wages as required may be subject to criminal prosecution. Willful violations may result in fines and potential imprisonment.

F. Delaware Minimum Wage Law — 19 Del. C. § 902 et seq.

The Delaware Minimum Wage Law requires employers to pay employees at least the applicable minimum wage:

• Effective January 1, 2025: $15.00 per hour (this represents the final step in the legislated series of increases).
• Tipped employees: $2.23 per hour cash wage (for employees who regularly receive more than $30/month in tips), with the employer required to ensure total compensation meets or exceeds $15.00 per hour.
• Overtime: 19 Del. C. § 908 requires overtime pay at 1.5x the regular rate for hours over 40 per workweek.

G. Statute of Limitations

Delaware has an unusually short statute of limitations for wage claims:

1. Civil Actions: Claims must be filed within one (1) year from the date the claim arose.
2. Administrative Complaints: For the Delaware Department of Labor to act on a complaint, it must be filed at least ninety (90) days before the statute of limitations expires — effectively requiring filing within approximately ten and one-half (10.5) months of the date the claim arose.
3. Continuing Violations: For ongoing wage violations, the limitations period may run from the last date of violation, but this must be carefully analyzed.

PRACTITIONER ALERT: The one-year statute of limitations is among the shortest in the nation for wage claims. Prompt action is essential to preserve the claim. Consider filing the administrative complaint and/or civil action as soon as practicable.

H. Preferred Claim Status — 19 Del. C. § 1110

Wage claims in Delaware have preferred claim status. In the event of an employer's insolvency, bankruptcy, or dissolution, claims for unpaid wages constitute a preferred lien on the employer's assets, ahead of certain other creditors.

V. CALCULATION OF POTENTIAL DAMAGES AND PENALTIES

Based on the amounts set forth in Section III above, the following represents the Claimant's potential recovery if this matter proceeds to litigation or administrative action:

NOTE: Civil penalties of $1,000 to $5,000 per violation are assessed in addition to the recovery of unpaid wages and liquidated damages. Each pay period in which wages were not properly paid may constitute a separate violation, potentially resulting in multiple penalties.

VI. DEMAND FOR PAYMENT

Based on the foregoing, the Claimant hereby demands that the Employer pay the full amount of $[________] in unpaid wages and compensation within ten (10) calendar days of the Employer's receipt of this letter.

Payment Instructions

Payment shall be made as follows:

☐ By certified check or cashier's check, payable to [________________________________], delivered to:

[________________________________]
[________________________________]
[________________________________]

☐ By wire transfer to the following account:

Bank Name: [________________________________]
Account Name: [________________________________]
Routing Number: [________________________________]
Account Number: [________________________________]

☐ By other arrangement: [________________________________]

Deadline for Payment

All amounts must be received no later than: [__/__/____]

VII. CONSEQUENCES OF NON-PAYMENT

If the Employer fails to pay the full amount demanded within the period specified above, the Claimant reserves the right to pursue any and all of the following remedies:

A. Administrative Complaint — Delaware Department of Labor

The Claimant may file a formal wage complaint with the Delaware Department of Labor, Office of Labor Law Enforcement (part of the Division of Industrial Affairs). Key aspects of this process include:

1. Filing: Complaints are filed with the Office of Labor Law Enforcement using the official wage claim form.

2. Investigation: The Department will investigate the complaint, which may include contacting the employer, reviewing payroll records, and conducting interviews.

3. Enforcement Actions: If the Department finds the complaint has merit, it may:
   - Demand the employer pay all wages owed;
   - Assess civil penalties of $1,000 to $5,000 per violation;
   - Institute a civil action in the Superior Court on behalf of the employee;
   - Join multiple claimants in a single enforcement action.

4. Time Limit: The complaint must be filed at least ninety (90) days before the one-year statute of limitations expires.

B. Civil Action in Court

The Claimant may file a civil action in a Delaware court of competent jurisdiction, including:

1. Delaware Court of Common Pleas (for claims up to $75,000);
2. Delaware Superior Court (for claims exceeding $75,000 or seeking equitable relief);
3. Justice of the Peace Court (for claims up to $25,000).

In a civil action, the Claimant may recover:

• All unpaid wages and compensation;
• Liquidated damages under 19 Del. C. § 1113;
• Reasonable attorney fees and costs;
• Pre-judgment and post-judgment interest;
• Court costs.

C. Federal Claims Under the FLSA

If applicable, the Claimant may also pursue claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., which provides for:

• Unpaid minimum wages and overtime compensation;
• Liquidated damages equal to the amount of unpaid wages;
• Reasonable attorney fees and costs.

Note: FLSA claims have a longer statute of limitations (two years for non-willful violations, three years for willful violations) and may be particularly valuable in Delaware given the state's short one-year limitations period.

D. Criminal Prosecution

In cases of willful non-payment, the Claimant may refer the matter to the Delaware Department of Labor or the Delaware Attorney General's office for potential criminal prosecution under 19 Del. C. § 1112.

VIII. DELAWARE ADMINISTRATIVE FILING PROCEDURES

For reference, the following outlines the procedure for filing a wage complaint with the Delaware Department of Labor:

Step 1: Determine Timeliness

Before filing, confirm that the claim is within the applicable limitations period:

• Statute of Limitations: One (1) year from the date the wages were due.
• Administrative Filing Deadline: The complaint must be filed at least ninety (90) days before the statute of limitations expires — meaning the effective deadline for administrative complaints is approximately ten and one-half (10.5) months from the date the claim arose.

Step 2: Obtain the Wage Complaint Form

The wage complaint form can be obtained from:

• Online: Delaware Department of Labor website at labor.delaware.gov
• Email Request: [email protected]
• Phone Request: (302) 761-8200 (Press Option 3)
• In Person: Office of Labor Law Enforcement, Delaware Department of Labor

Step 3: Complete the Form

The complaint form requires:

• Employee name, address, and contact information;
• Employer name, address, and contact information;
• Dates of employment;
• Rate of pay and pay frequency;
• Detailed description of wages owed;
• Pay periods affected;
• Amount claimed;
• Supporting documentation.

Step 4: Attach Supporting Documentation

Include all available supporting documents:

• Pay stubs and wage statements;
• Employment agreements or offer letters;
• Time records and work schedules;
• Correspondence with employer regarding wages;
• Bank deposit records;
• Any other relevant documentation.

Step 5: Submit the Complaint

The completed form and documentation may be submitted:

• By Email: [email protected]
• By Mail: Delaware Department of Labor, Division of Industrial Affairs, Office of Labor Law Enforcement, 4425 N. Market Street, Wilmington, DE 19802
• By Fax: (302) 661-7205
• In Person: At the above address

Step 6: Department Investigation and Resolution

Upon receipt, the Department will:

• Review the complaint for completeness and timeliness;
• Contact the employer to provide notice of the claim and request a response;
• Investigate the claim, which may include reviewing payroll records and conducting interviews;
• Attempt to resolve the matter through mediation or informal resolution;
• If unresolved, the Department may institute formal enforcement proceedings.

Contact Information

• Delaware Department of Labor — Office of Labor Law Enforcement
• Address: 4425 N. Market Street, Wilmington, DE 19802
• Phone: (302) 761-8200 (Press Option 3)
• Fax: (302) 661-7205
• Email: [email protected]
• Hours: Monday through Friday, 8:00 AM to 4:30 PM EST
• Website: https://labor.delaware.gov

IX. PRESERVATION OF EVIDENCE — LITIGATION HOLD NOTICE

This letter also serves as a formal litigation hold notice. The Employer is hereby directed to preserve all documents, records, and electronically stored information (ESI) that may be relevant to the Claimant's wage claim, including but not limited to:

• All payroll records, pay stubs, and wage statements;
• All time records, time sheets, clock-in/clock-out data, and scheduling records;
• All employment agreements, offer letters, and compensation agreements;
• All commission, bonus, and incentive compensation agreements and calculations;
• All personnel files and employee records;
• All correspondence (email, text, written) between the Claimant and any representative of the Employer;
• All policies and handbooks related to wages, overtime, PTO, vacation, and deductions;
• All records relating to the Claimant's separation from employment;
• All internal communications regarding the Claimant's compensation, hours, or wage claim;
• All payroll system records, HRIS data, and timekeeping software data;
• All records of deductions from the Claimant's wages;
• All records of tips (if applicable);
• All W-2 forms and tax records related to the Claimant's compensation.

NOTICE: Destruction, alteration, or concealment of relevant evidence after receipt of this letter may constitute spoliation and may result in adverse inferences and additional sanctions in any subsequent legal proceeding.

X. GOOD FAITH RESOLUTION

The Claimant is prepared to resolve this matter promptly and in good faith. The purpose of this demand letter is to provide the Employer with full notice of the amounts owed and a fair opportunity to remit payment before the Claimant incurs additional costs and fees in pursuing formal legal remedies.

Given the significant civil penalties available under Delaware law ($1,000 to $5,000 per violation) in addition to unpaid wages, liquidated damages, and attorney fees, it is in the Employer's interest to resolve this matter promptly.

The Claimant is willing to discuss this matter and explore resolution. Please contact the undersigned at the address and telephone number provided above within the deadline specified.

However, the Claimant's willingness to engage in discussions shall not be construed as a waiver of any rights, claims, or remedies available under Delaware or federal law. All rights, claims, and remedies are expressly reserved.

REMINDER: Given Delaware's one-year statute of limitations and the 10.5-month effective deadline for administrative complaints, the Claimant will not delay pursuit of formal legal remedies beyond the payment deadline specified in this letter.

XI. DOCUMENTATION CHECKLIST

The following documents should be gathered and preserved in support of this wage claim:

☐ Copy of this demand letter (with proof of delivery)

☐ Employment agreement / offer letter / compensation agreement

☐ All pay stubs and wage statements for the relevant period

☐ All time records, time sheets, and clock-in/clock-out records

☐ Commission, bonus, and incentive agreements and calculations

☐ Employee handbook and all relevant policies (wages, overtime, PTO, vacation, deductions)

☐ Written correspondence with employer regarding wages or compensation

☐ Termination letter or separation documentation

☐ Records of any unauthorized deductions from wages

☐ Calculations of wages owed (include spreadsheets if applicable)

☐ Records of vacation and PTO accruals and usage (if contractually promised)

☐ Bank statements or deposit records showing payments received

☐ Any written demands previously sent to the employer

☐ Employer's responses to prior demands (if any)

☐ Delaware Department of Labor wage complaint form (if filing administratively)

☐ Proof of mailing / delivery of this demand letter (certified mail receipt, confirmation)

☐ Witness contact information (co-workers who can corroborate hours, pay, or conditions)

☐ Photographs or copies of posted workplace notices (minimum wage poster, etc.)

☐ W-2 forms and tax records for the relevant year(s)

☐ Any text messages, emails, or other electronic communications relevant to the claim

☐ Attorney retainer agreement and fee documentation (if represented)

☐ Calendar/timeline of key dates (hire date, separation date, pay periods, statute of limitations deadline)

XII. SIGNATURE BLOCK

This demand is made in good faith and is based on the Claimant's knowledge and belief regarding the wages owed. The Claimant reserves all rights and remedies available under Delaware law, federal law, and equity.

CLAIMANT / EMPLOYEE:

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

ATTORNEY FOR CLAIMANT (if applicable):

Signature: ________________________________________

Printed Name: [________________________________]

Delaware Bar ID: [________________________________]

Firm: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Date: [__/__/____]

XIII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of this Wage Claim Demand Letter was served upon the Employer by the following method(s):

☐ Certified Mail, Return Receipt Requested
Tracking Number: [________________________________]
Addressed to: [________________________________]

☐ First-Class U.S. Mail
Addressed to: [________________________________]

☐ Personal / Hand Delivery
Delivered to: [________________________________]
Date and Time of Delivery: [________________________________]

☐ Email
Sent to: [________________________________]
Date and Time Sent: [________________________________]

☐ Facsimile (Fax)
Fax Number: [________________________________]
Date and Time Sent: [________________________________]
Confirmation Number: [________________________________]

☐ Commercial Carrier (FedEx, UPS, etc.)
Carrier: [________________________________]
Tracking Number: [________________________________]

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

XIV. DELAWARE-SPECIFIC NOTES AND PRACTICE CONSIDERATIONS

A. Critical Timing Issues — Delaware's Short Statute of Limitations

Delaware has one of the shortest statutes of limitations for wage claims in the United States:

1. One-Year Statute of Limitations: All wage claims must be filed within one (1) year from the date the wages became due.

2. 10.5-Month Administrative Deadline: For the Delaware Department of Labor to act on a complaint, it must be received at least ninety (90) days before the statute of limitations expires. This means administrative complaints should be filed within approximately ten and one-half (10.5) months.

3. Practical Implication: Employees must act quickly. A demand letter should be sent immediately upon discovering the wage violation, and if the employer does not respond promptly, the employee should proceed to file the administrative complaint or civil action without delay.

4. Comparison: Most states have two- to three-year statutes of limitations for wage claims. The FLSA provides two years (three years for willful violations). Practitioners should consider filing concurrent FLSA claims where applicable to preserve claims that might be time-barred under Delaware law.

B. Final Pay Timing

Under 19 Del. C. § 1103:

• All Separations (Discharge, Resignation, Layoff, etc.): Final wages are due on the next regularly scheduled payday for the pay period during which the separation occurred.
• Delaware does not distinguish between involuntary and voluntary separations for purposes of final pay timing — the same rule applies regardless of how the employment ended.
• This is less protective than many states that require immediate payment upon discharge.

C. Pay Statement Requirements

Under 19 Del. C. § 1108, employers with four (4) or more employees must provide a written pay statement with each wage payment showing:

• Hours worked;
• Rate of pay;
• Gross wages;
• Itemized deductions;
• Net pay.

Failure to provide required pay statements may be a separate violation subject to penalties.

D. Preferred Claim Status in Insolvency

Under 19 Del. C. § 1110, wage claims have preferred claim status in the event of an employer's insolvency or dissolution. This means:

• Unpaid wage claims constitute a preferred lien against the employer's assets;
• Wage claims may have priority over certain other creditors;
• The Department of Labor may assert this preferred claim on behalf of employees.

This provision is particularly relevant if the employer is facing financial difficulties, as it may provide greater recovery in bankruptcy or dissolution proceedings.

E. Department of Labor Authority to Join Claims

Under 19 Del. C. § 1111, the Delaware Department of Labor has authority to:

• Join multiple claimants in a single preferred claim or lien;
• In case of a lawsuit, join multiple claimants in a single cause of action.

This allows for efficient enforcement when multiple employees have been affected by the same employer's wage violations.

F. No Mandatory Paid Vacation or PTO

Delaware does not have a statute requiring employers to provide paid vacation, PTO, or sick leave. However:

• If the employer has a policy or agreement providing for such benefits, the terms of that policy or agreement are enforceable;
• The employer's written policy controls whether accrued but unused vacation is paid upon separation;
• An employer that promises vacation pay and fails to provide it may be liable under the Wage Payment and Collection Act.

G. Tipped Employee Considerations

For tipped employees in Delaware:

1. Tipped minimum wage: $2.23 per hour cash wage;
2. Tip credit: The employer may credit tips toward the minimum wage, but total compensation (cash + tips) must equal or exceed $15.00 per hour;
3. $30/month threshold: The tipped wage applies only to employees who regularly receive more than $30 per month in tips;
4. Employer restrictions: Employers may not retain employee tips or use tips improperly;
5. Overtime for tipped employees: Overtime must be calculated based on the full minimum wage rate, not the reduced tipped cash wage.

H. Independent Contractor Misclassification

If the Claimant was improperly classified as an independent contractor rather than an employee, additional claims may be available. Delaware uses a common-law test considering factors such as the degree of control exercised by the hiring entity, the worker's opportunity for profit or loss, and the nature of the working relationship. Misclassification may entitle the worker to recover all wages that would have been due as an employee.

I. Interaction with Federal Law

Delaware wage claims may be pursued concurrently with federal FLSA claims. Key considerations:

• FLSA statute of limitations is longer: Two years (non-willful) or three years (willful), compared to Delaware's one-year limitation. Filing concurrent FLSA claims may preserve claims that would be time-barred under state law.
• FLSA liquidated damages: Equal to the amount of unpaid wages (effectively double damages).
• No daily overtime under either law: Both Delaware and the FLSA use the 40-hour weekly threshold for overtime.
• Concurrent filing encouraged: Given Delaware's short statute of limitations, practitioners should strongly consider concurrent state and federal claims.

J. Small Claims and Filing Considerations

For smaller wage claims, consider:

• Justice of the Peace Court: Handles claims up to $25,000; more informal procedure, faster resolution.
• Court of Common Pleas: Handles claims up to $75,000.
• Superior Court: For larger claims or those requiring equitable relief.
• Department of Labor: No filing fee; the Department handles the investigation and may bring suit on the employee's behalf.

XV. SOURCES AND REFERENCES

1. Delaware Wage Payment and Collection Act, 19 Del. C. § 1101 et seq.
   https://delcode.delaware.gov/title19/c011/

2. Delaware Minimum Wage Law, 19 Del. C. § 902 et seq.
   https://delcode.delaware.gov/title19/c009/index.html

3. 19 Del. C. § 1112 (Penalties for Violations)
   https://law.justia.com/codes/delaware/2022/title-19/chapter-11/section-1112/

4. 19 Del. C. § 1113 (Civil Actions and Liquidated Damages)
   https://law.justia.com/codes/delaware/title-19/chapter-11/

5. Delaware Department of Labor — Office of Labor Law Enforcement
   https://labor.delaware.gov/divisions/industrial-affairs-old/labor-law/

6. Delaware Department of Labor — Office of Wage and Hour
   https://labor.delaware.gov/divisions/industrial-affairs/wage-hour/

7. Filing a Wage and Hour Claim — Delaware (Workplace Fairness)
   https://www.workplacefairness.org/wage-hour-claim-DE/

8. Delaware Employment Law Overview (Baker Donelson)
   https://www.bakerdonelson.com/easy-guide-delaware

9. Fair Labor Standards Act, 29 U.S.C. § 201 et seq.
   https://www.dol.gov/agencies/whd/flsa

This template is provided for informational purposes only and does not constitute legal advice. Delaware wage and hour laws are subject to amendment and judicial interpretation. Consult a qualified attorney licensed in Delaware for advice specific to your situation. This template was last updated on 2026-02-23.

PREPARED FOR USE ON THE EZEL.AI PLATFORM
FOR SOLO PRACTITIONERS AND SMALL FIRM ATTORNEYS