In late September of 2018, Delaware’s Department of Labor, Division of Industrial Affairs released a revised labor law poster to reflect updates in various employment and labor laws. Employers are required by law to display this official poster in a place both accessible to employees and where they regularly pass. The poster touches on a number of areas of compliance some, but not all of which, are affected by recently passed laws.
First of all, beginning January 1, 2019 employers in Delaware are required to pay a minimum of $8.75 an hour to adult employees and $8.25 for adult trainees (as well as youths). The minimum cash wage for tipped workers in the State of Delaware at $2.23, is greater than the federal wage, but employers must be able to prove that the balance of the minimum wage is made up by tips.
A change all employers need to be aware of is a change in how meal breaks are now treated. A wording change — swapping out ‘receive’ to ‘offered’ — now ensures that employees are offered a meal break of at least 30 consecutive minutes if they work for 7.5 or more hours a day. The rule, now in bold, reads:
- All employees must be offered a meal break of at least 30 consecutive minutes if the employee is scheduled to work 7.5 or more hours per day.
House Bill 360, which deals primarily with sexual harassment makes up the bulk of the changes to this notice. But aside from this notice the Delaware DOL-DIA requires employers to distribute an information sheet to new employees at the commencement of employment and to existing employees by July 1, 2019. This information sheet is available here as well as from the DOL.
The notice itself outlines sexual harassment training requirements as well as avenues of redress and protection from retaliation if an employee feels that they are subject to such harassment. Sexual harassment can be unwelcome sexual advances when:
- the employee is expected to submit to such conduct;
- the employee’s submission to or rejection of such conduct is used as the basis for employment decisions; or
- such conduct has the effect of unreasonably interfering with the employee’s work performance or creating an intimidating, hostile or offensive working environment.