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Can you summarize 19 DEAC 1328?
Office of Labor Law Enforcement > Rules Regulating Deductions from Wages for Wage Payment and Collection
Short Summary
These regulations, issued by the Delaware Department of Labor, govern deductions from wages for wage payment and collection. The regulations define key terms such as ‘check,’ ‘department,’ ’employee,’ ’employer,’ and ‘wages.’ Cash and/or inventory shortages may not be deducted from an employee’s pay, and any written agreement permitting such deductions is in violation of the Wage Payment and Collection Act. The regulations also apply to shortages resulting from failure to follow proper credit card, check cashing, or accounts receivable procedures. If a cash advance or charges for goods or services are to be repaid through payroll deductions, a written agreement signed by both the employer and employee is required. The agreement must specify the amount, repayment schedule, and method of repayment. The repayment schedule cannot exceed 15% of an employee’s gross wages per pay period. Upon termination, if an employee owes an amount greater than 15% of gross wages, that amount may be withheld from the employee’s final compensation if included in the original agreement. Deductions for damaged property or withholding of final compensation due to the employer awaiting return of property are prohibited. An employer may request a deposit on a particular piece of property, but it cannot be deducted from the employee’s wages without written consent. The deposit must be returned to the employee along with any financial compensation upon return of the property. Miscellaneous provisions state that nothing in these regulations prevents an employee from voluntarily reimbursing an employer, and acceptance of a disputed amount of wages does not imply agreement to the deductions. The Secretary of Labor has the authority to amend or revoke any of the terms of these regulations.
Whom does it apply to?
Employees and Employers in Delaware
What does it govern?
Rules Regulating Deductions from Wages for Wage Payment and Collection
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
Violation of these regulations is in violation of 1107.3 of the Wage Payment and Collection Act.
Jurisdiction
Delaware