Delaware Revises Labor Law Poster and Releases Whistleblowers’ Protection Act Notice; Updated EEOC Workplace Discrimination Poster

State Update Overview

Date Updated January 2023
Labor Law Update The State of Delaware Wages and Compensation Law and Whistleblowers’ Protection Act; federal EEO Workplace Discrimination Laws
What Changed Increased minimum wage, new wage theft and whistleblower’s protection notices; revised poster
Mandatory or Non-Mandatory Mandatory
Updated Poster Delaware Labor Law Poster

In January 2023, the Delaware Department of Labor released a revised labor law poster stating an increased minimum wage, new wage theft notice, and updated contact information. The Whistleblowers’ Protection Act notice was also released by the Delaware Department of Labor. 

Delaware Labor Law Update

  • Minimum wage increased to $11.75 per hour effective January 1, 2023
  • New wage theft notice provides information on the employer’s responsibility to report an individual’s income to appropriate agencies, withhold applicable taxes from an employee, properly classify workers, and pay workers in accordance with state and federal laws.
  • Increases maximum fine for violations to $20,000
  • Updated address and phone number
  • New QR Codes

Delaware Whistleblowers’ Protection Act Update

  • Employers are not permitted to take any adverse employment action against an employee who reports or refuses to commit a violation of a law, rule or regulation

Wage and Hour Exemptions

Employees may be exempt from wage and hour laws based on criteria associated with their salary, actual duties, and skills. Exempt employees neither receive overtime pay nor qualify for minimum wage. Delaware labor law defines these exemptions based on Executive, Administrative, or Professional status. Learn more here.

In October 2022, the U.S. Equal Employment Opportunity Commission (EEOC) published a revised Know Your Rights: Workplace Discrimination is Illegal poster.

Federal EEOC Workplace Discrimination Law Update

  • Revised poster includes additional information regarding who is protected, covered organizations, types of illegal employment discrimination, and types of employment practices that can be challenged as discriminatory.
  • Clarified process to file a discrimination complaint through the EEOC including updated websites and new phone number
  • Added QR code
  • Newly added information for the federal Department of Labor’s Office of Federal Contract Compliance Program and coverage of employees of a company with a federal contract or subcontract
  • Clarified process to report a contractor who has violated its nondiscrimination or affirmative action obligations under OFCCP’s authorities
  • Added access information for telecommunications relay services

Delaware Labor Law Poster Updates

All businesses within the State of Delaware must display the new Labor Law poster, Whistleblowers’ Protection Act notice, and federal EEOC Know Your Rights: Workplace Discrimination is Illegal poster along with other state-mandated posting requirements where they are sufficiently accessible and viewable to all employees. This change has been reflected in our Delaware & Federal Labor Law Poster and does require an immediate mandatory update. Failure to meet compliance requirements and display the updated poster could result in fines.

Order the Delaware Labor Law Poster to immediately include this required update.

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