WAGE AND HOUR DEMAND LETTER
State of Delaware
Fair Labor Standards Act and Delaware Wage Law Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Delaware ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Delaware Supreme Court Attorney ID Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Re: Wage and Hour Violations - [Client Full Name]
Demand for Unpaid Wages Under Delaware Law and FLSA
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408 and D.R.E. 408
Dear [Mr./Ms./Mx. Last Name]:
This firm represents [Client Full Name] regarding claims for unpaid wages against [Company Legal Name] arising from violations of the Delaware Minimum Wage Act, 19 Del. C. Section 901 et seq., the Delaware Wage Payment and Collection Act, 19 Del. C. Section 1101 et seq., and the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq.
I. DELAWARE-SPECIFIC LEGAL FRAMEWORK
A. Delaware Wage and Hour Requirements
Key Requirements:
| Category | Delaware Requirement | Citation |
|---|---|---|
| Minimum Wage | $15.00/hour (2026) | 19 Del. C. Section 902(a) |
| Overtime | 1.5x after 40 hours/week | 19 Del. C. Section 906 |
| Tipped Minimum | $2.23/hour (with tip credit) | 19 Del. C. Section 902(c) |
| Pay Frequency | At least monthly | 19 Del. C. Section 1102 |
| Final Pay | Next regular payday | 19 Del. C. Section 1103 |
B. Delaware Minimum Wage
Recent Increases: Delaware has progressively increased its minimum wage:
- January 1, 2024: $13.25
- January 1, 2025: $15.00
- 2026 and beyond: $15.00 (check for legislative updates)
Tipped Employee Rules:
| Requirement | Delaware Standard |
|---|---|
| Minimum cash wage | $2.23/hour |
| Maximum tip credit | $12.77/hour |
| Total must equal | $15.00/hour minimum |
| Notice required | Yes |
| Tip pooling | Valid among customarily tipped employees |
C. Delaware Overtime
Coverage: Delaware overtime law generally follows federal FLSA standards.
| Requirement | Standard |
|---|---|
| Threshold | 40 hours per week |
| Rate | 1.5x regular rate |
| Exemptions | Follows FLSA exemptions |
D. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| Delaware wage claims | 3 years | 19 Del. C. Section 1113 |
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
E. Penalties and Remedies
Delaware Wage Payment and Collection Act (19 Del. C. Section 1113):
| Violation Type | Remedy |
|---|---|
| Unpaid wages | Full amount owed |
| Liquidated damages | Equal to unpaid wages (double damages) |
| Attorney's fees | Mandatory for prevailing employee |
| Costs | Recoverable |
F. Enforcement Mechanisms
Administrative:
- Delaware Department of Labor, Office of Labor Law Enforcement
- File wage complaint
- Investigation and administrative process
Private Right of Action:
- 19 Del. C. Section 1113: Express private right of action
- Liquidated damages (doubling)
- Mandatory attorney's fees
II. INTRODUCTION AND SUMMARY OF CLAIMS
Our client was employed by [Company Short Name] as a [Job Title] from [Start Date] to [End Date / Present] in Delaware. [Company Short Name] violated Delaware and federal wage laws by:
[ ] Failing to pay Delaware minimum wage of $15.00 per hour
[ ] Failing to pay overtime at 1.5 times the regular rate for hours over 40/week
[ ] Misclassifying our client as exempt from overtime
[ ] Misclassifying our client as an independent contractor
[ ] Improperly taking tip credit without meeting requirements
[ ] Failing to pay final wages on time
[ ] Making unlawful deductions from wages
III. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es) in Delaware] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per hour |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Monthly / Semi-monthly / Bi-weekly / Weekly] |
B. Hours Worked
Typical Weekly Schedule:
| Day | Hours Worked | Overtime Hours |
|---|---|---|
| Monday | [X.X hrs] | [X hrs] |
| Tuesday | [X.X hrs] | [X hrs] |
| Wednesday | [X.X hrs] | [X hrs] |
| Thursday | [X.X hrs] | [X hrs] |
| Friday | [X.X hrs] | [X hrs] |
| Saturday | [X.X hrs] | [X hrs] |
| Sunday | [X.X hrs] | [X hrs] |
| Weekly Total | [X hrs] | [X hrs] |
IV. LEGAL ANALYSIS
A. Delaware Wage Law Violations
1. Minimum Wage (19 Del. C. Section 902)
Delaware's minimum wage of $15.00/hour applies to covered employees. [Company Short Name] failed to pay this rate by [describe violation].
2. Overtime (19 Del. C. Section 906)
Delaware requires overtime pay at 1.5x for hours over 40 per week. Our client worked [X] hours per week without proper overtime.
3. Final Pay Violation (19 Del. C. Section 1103)
[If applicable:] [Company Short Name] failed to pay final wages by the next regular payday as required.
B. Liquidated Damages
Under 19 Del. C. Section 1113, our client is entitled to liquidated damages equal to the amount of unpaid wages.
V. DAMAGES CALCULATION
A. Delaware Wage Law Damages
| Category | Calculation | Amount |
|---|---|---|
| Unpaid overtime | [OT hrs] x $[premium] x [weeks] | $[Amount] |
| Minimum wage shortfall | [Hours] x $[shortfall] | $[Amount] |
| Subtotal Unpaid Wages | $[Amount] | |
| Liquidated Damages (equal amount) | $[Amount] |
B. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| Delaware Liquidated Damages | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs | $[Amount] |
| TOTAL DAMAGES | $[Amount] |
VI. SETTLEMENT DEMAND
We demand payment of $[Settlement Demand Amount] to resolve all claims.
This demand expires in twenty-one (21) days on [Response Deadline Date].
VII. RESPONSE AND LITIGATION
If not resolved, we will file:
- Wage complaint with Delaware Department of Labor
- Suit in Delaware Superior Court for state claims
- Suit in U.S. District Court for the District of Delaware for FLSA claims
VIII. DOCUMENT PRESERVATION
Preserve all time records, payroll records, personnel files, and policies immediately.
Sincerely,
[Attorney Name]
[Delaware Supreme Court ID No.]
[Firm Name]
DELAWARE-SPECIFIC PRACTICE NOTES
[ ] $15.00 Minimum Wage: Delaware significantly exceeds federal rate
[ ] 3-Year State SOL: Delaware provides longer limitations than federal 2 years
[ ] Liquidated Damages: Automatic doubling under state law
[ ] Mandatory Attorney's Fees: Available to prevailing employees
[ ] Delaware DOL Contact:
- Phone: (302) 761-8200
- Website: labor.delaware.gov
- Division of Industrial Affairs handles wage complaints