Senate Substitute 1 for Senate Bill 208
151st General Assembly (2021 - 2022)
The General Assembly has ended, the current status is the final status.
AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO AN EMPLOYER'S FAILURE TO PAY WAGES.
Senate Bill No. 208 clarifies that an employer is liable to an employee for liquidated damages if the employer does not make wages available on the next payday after an employee quits, resigns, is discharged, suspended, or laid off. Senate Substitute No. 1 for Senate Bill No. 208 revises these clarifications so it is clear which sections of existing law, §§ 1104 and 1107 of Title 19, provide the basis for an employer to have reasonable grounds to dispute that an employee is owed wages, and like SB 208, does not make any changes to existing law regarding when an employer may withhold or divert any portion of an employee’s wages: 1. Section 1104 of Title 19 requires that in a dispute over the amount of wages, the employer must pay all wages conceded by the employer to be due and the employee may pursue a claim for any balance claimed. 2. Section 1107 of Title 19 prohibits an employer from withholding or diverting any portion of an employee’s wages unless required or empowered to do so by state or federal law. Since 1979, Regulation 1328 of Title 19 of the Delaware Administrative Code has provided that an employer may, under written agreement, withhold wages for a cash advance or the value of goods and services, but withholding wages for damaged or unreturned property is a violation of § 1107 of Title 19. Specifically, Senate Substitute No. 1 for SB 208 differs from SB 208 by doing the following: 1. In subsection (a), includes the changes from Senate Amendment No. 1 to SB 208, which clarify the manner that final wages earned by a former employee must be provided and a date by which that payment must be made. The date by which an employer must pay final wages changes current law by extending the time, allowing an employer to make this payment the later of the next regular pay cycle or 3 days after the last day the employee worked. 2. In subsection (b), clarifies that §§ 1104 and 1107 of Title 19 provide the reasonable grounds that may be a basis for an employer to dispute that an employee is owed wages. 3. In subsection (c), revises the correction of the grammar in existing law so that it is clear that an employer is not in violation of Chapter 11 of Title 19 if the employer is unable to prepare payroll due to a labor dispute, power failure, weather catastrophe, epidemic, fire, or explosion. Like SB 208, this Substitute Bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and revises the section heading to accurately describe the content of the section.