Pay stub requirements in Delaware
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
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.
SourceThe 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.
SourceMonthly 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.
SourceThree 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.
SourceNotice 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.
SourceFifteen 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.
Source
What this generator calculates for Delaware
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.
Frequently asked questions
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.