Pay stub requirements in Delaware
Calculated
Delaware attaches its stub duty to headcount. Section 1108 opens with the duty of every employer of over 3 employees, and the fourth item on its list is a statement furnished at the time of payment, on the check, by a separate slip, or electronically, showing the wages due, the pay period they cover and the total amount of deductions separately specified, with total hours added for anyone paid at an hourly rate. An electronic statement must be in a form capable of being retained, and the employee may still ask for it on paper. Wages fall due at least once a calendar month and within seven days of the close of the pay period, and the state minimum wage has stood at $15.00 since 1 January 2025.
- Pay stub required
- Yes, for employers of more than 3 employees
- Electronic delivery
- Yes, if it can be retained; paper slip on request
- Minimum wage 2026
- $15.00/hour since 1 January 2025
- Pay frequency
- At least monthly, within 7 days of the pay period closing
01 — The law
What Delaware law requires
A statement at the time of payment, in any of three forms
The employer must furnish to each employee at the time of payment a statement, either on the check, or by a separate slip, or electronically so long as the electronic statement is in a form capable of being retained by the employee, showing the wages due, the pay period for which they are due and the total amount of deductions separately specified. For an employee paid at an hourly rate it must also show the total number of hours for the pay period, and where it comes electronically the employee may request it in written form on a separate slip.
Delaware Code Title 19, Chapter 11 - Wage Payment and Collection →The duty begins above three employees
Section 1108 states its obligations as those of every employer of over 3 employees, so the smallest workplaces fall outside it. That boundary covers the whole section at once: the hiring notice, the posted notices, the payday statement and the three-year record-keeping duty all begin at the same headcount.
Delaware Code Title 19, Chapter 11 - Wage Payment and Collection →Monthly at minimum, seven days after the period closes
Every employer shall pay all wages due on regular paydays designated in advance, at least once during each calendar month, and shall pay all wages due within 7 days from the close of the pay period in which they were earned. Where the regular payday falls inside a pay period of no more than 16 days, overtime, new hires and variable-time part-timers may be carried to the next pay period.
Delaware Code Title 19, Chapter 11 - Wage Payment and Collection →Three gates for withholding, and nothing outside them
No employer may withhold or divert any portion of the wages of an employee unless the employer is required or empowered to do so by state or federal law, the deduction is for medical, surgical or hospital care or service without financial benefit to the employer and openly and clearly recorded in the books of the employer, or the employee has given a signed authorization for a lawful purpose accruing to the benefit of the employee.
Delaware Code Title 19, Chapter 11 - Wage Payment and Collection →Notice at hiring, and before any cut in pay
Covered employers must notify each employee in writing at the time of hiring of the rate of pay and of the day, hour and place of payment, and must give written or posted notice of any reduction in the regular rate of pay, or in the day, hour and place of payment, before the reduction takes effect. Practices and policies on vacation pay, sick leave and comparable matters must be made available in writing or by posted notice.
Delaware Code Title 19, Chapter 11 - Wage Payment and Collection →Fifteen dollars, the last step of a four-year schedule
Section 902 sets the minimum wage at not less than $15.00 per hour effective 1 January 2025, the final step of a schedule that ran $10.50 in 2022, $11.75 in 2023 and $13.25 in 2024, so 2026 carries the same figure. On the establishment of a federal minimum wage above the state one, the state rate rises to match it.
Delaware Code Title 19, Chapter 9 - Minimum Wage →
02 — Local rates
Local rates above the Delaware minimum
No city or county rate above the Delaware minimum is listed here. Where one exists it is set by a local ordinance, so an employer in a city with its own should check that ordinance before relying on the state figure.
03 — What we calculate
What this generator calculates for Delaware
| Withholding line | Source | Status |
|---|---|---|
| Federal income tax | irs.gov | Calculated |
| Social Security | ssa.gov | Calculated |
| Medicare | ssa.gov | Calculated |
| DE state income tax | revenue.delaware.gov | Calculated |
State withholding for Delaware is calculated from the 2026 figures the state publishes, and our test suite holds those figures against the state's own published calculation rather than against arithmetic of ours.
See the Delaware withholding tables and work out take-home pay →04 — Questions
Frequently asked questions
- Does Delaware require a pay stub?
- Yes, if your employer has more than three employees. At the time of payment you are owed a statement showing the wages due, the pay period they cover and the total of the deductions separately specified, and if you are paid hourly it must also show your total hours for that pay period. Below four employees the section does not reach the workplace at all.
- Can my Delaware employer give me an electronic pay stub?
- Yes, provided the electronic statement is in a form capable of being retained by you, which rules out anything you can only glance at once. The statute then adds a fallback: where the statement is furnished electronically, an employee may request that it be provided in written form on a separate slip.
- What is the Delaware minimum wage in 2026?
- Fifteen dollars an hour, unchanged since 1 January 2025. That was the last step written into section 902 after $10.50 in 2022, $11.75 in 2023 and $13.25 in 2024, and no further increase is scheduled in the statute. If the federal minimum wage ever exceeds it, the state rate rises to match.
- How often does Delaware require wages to be paid?
- At least once during each calendar month on paydays designated in advance, and all wages due must be paid within seven days from the close of the pay period in which they were earned. If the payday falls inside a pay period of sixteen days or less, an employer may defer overtime, the pay of new hires and the pay of variable-time part-timers to the following period.
- What can my Delaware employer deduct from my wages?
- Only three things: what state or federal law requires or empowers the employer to withhold, deductions for medical, surgical or hospital care that bring the employer no financial benefit and are openly recorded in its books, and deductions you signed an authorization for that serve a lawful purpose accruing to your benefit.
Sources
- Delaware Code Title 19, Chapter 11 - Wage Payment and Collection
- Delaware Code Title 19, Chapter 9 - Minimum Wage
Wage and hour law changes. Check the linked source before relying on any figure here, and treat this page as a starting point rather than legal advice.