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Delaware Prevailing Wage Information

THRESHOLD

According to Delaware Prevailing Wage Law (Title 29, Section 6060), prevailing wage rates must be paid on:

1)    new construction projects (including painting and decorating) costing more than $100,000
2)    AND on alteration, repair, renovation rehabilitation, demolition, or reconstruction (including painting and decorating of buildings/works) costing more than $15,000

TIMING

Delaware's Department of Labor publishes its "Prevailing Wage Determination" annually on or before March 15th of each year. The Determination is valid for a period of one year or until subsequent rates or amendments are issued by the Department.

INCREASES

Prevailing wages in Delaware are determined based on survey results set by the Delaware Department of Labor. After the wage rates are published annually, rates may not be changed. On February 15, contractors are allow to submit opinions to the Delaware Department of Labor for reconsideration of wage rates. If the Department determines the wage rates should be changed, they may increase or decrease the wage rates

Links to view current prevailing wage rates:

1)    Building
2)    Heavy
3)    Highway

OVERTIME

In Delaware, overtime is compensated for any hours worked in excess of 40 hours in a work week. Delaware does not provide separate daily overtime rate per trade classification.

WORKING ON WEEKENDS

Delaware prevailing wage law does not provide different wages for working on the weekend. Same overtime rules apply for working on the weekend.

WORKING ON LEGAL HOLIDAYS

Delaware prevailing wage law does not regulate holiday pay. The employer determines whether an employee should receive holiday pay.

SHIFT DIFFERENTIALS

In Delaware, prevailing wages do not differ based on the shift worked.

FRINGE BENEFITS

Fringe benefits may be considered in determining whether an employer has met his/her prevailing wage obligations. The only fringe benefits that the Delaware DOL will recognize are the following:

1)    Health
2)    Welfare
3)    Retirement
4)    Vacation
5)    Holiday
6)    Sick leave pay
7)    AND education benefits relating to apprenticeship and training programs

Please review “Delaware’s Prevailing Wage Regulations” listed under “Helpful Links” to see how these fringe benefits may be applied/calculated.

TRAINING CONTRIBUTION

Delaware prevailing wage law does not require payment of training contributions. 

APPRENTICE REQUIREMENTS

Apprenticeships are offered in a variety of occupations. There are two primary requirements for apprentices: 1) they must be indentured and employed in a bona fide apprenticeship program; and 2) individually registered by the program sponsor with the Delaware Department of Labor. Any apprentice or trainee that is not registered is paid the wage rate determined by the Department of Labor for the classification of work he or she actually performed.

The majority of apprenticeships are four years in length or 8000 hours of on-the-job training. For each year of training, a minimum of 144 hours of related instruction is required. Upon completion of the required on-the-job training and related instruction, the apprentice is eligible for Journey papers. A journeyperson is nationally recognized as having a well-rounded ability in all phases of their trade.

Apprenticeship Rules & Regulations
Apprenticeship Training & Agreement Form
Apprentice Sponsor Application Form

TRAVEL & SUBSISTENCE

Delaware prevailing wage law does not require payments for travel and subsistence.

CONTRACTOR LICENSING

Contractors bidding on jobs over $50,000 must apply for a license. If you don't have a Delaware plumber's license, you will need a license to contract for pump installer work. Find a contractor.

To check if an asbestos worker is certified in Delaware, call (302) 739-5644.

Search for an Asbestos Worker in Delaware
Delaware's Contractor Licensing Policy

PENALTIES

Any employer that knowingly fails or refuses to pay prevailing wage rates provided under Delaware Code Section 6960(e) or that fails to submit payroll reports or post notice of the wage rates that apply to the project is subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. No public construction contract shall be bid on, awarded to or received by any contractor or subcontractor or any person, firm, partnership or corporation in which such employer has an interest who, within 2 years after entry of a judgment, is adjudicated in violation of Section 6960 in a subsequent proceeding until 3 years have elapsed from the date of the subsequent penalty judgment. A civil penalty claim may be filed in any court of competent jurisdiction.

DEBARMENT

Delaware maintains a list of contractors that have been debarred for violations of its prevailing wage law. Therefore, no construction contract in the State of Delaware may be bid on, awarded to, or received by contractors and individuals that appear on the list below for a period of 3 years from the date of judgment:

Delaware Debarment list

HELPFUL LINKS

Delaware’s Prevailing Wage Regulations
Delaware Prevailing Wage Website
Delaware Prevailing Wage Law
Classification of Works Under Delaware's Prevailing Wage Law
Certified Prevailing Wages Request Form
Prevailing Wage Claim Form

CONTACT INFORMATION

Delaware Department of Labor
Office of Labor Law Enforcement
225 Corporate Blvd.
Newark, DE 19702
(302) 451-3423

Key Contact at DOL: 

Kyle Maguire (Prevailing Wage Investigator)
Phone:
 (302) 451-3409
Regional Offices:
Pencader: (302) 451-3423
Wilmington: (302) 761-8200
Milford: (302) 422-1134

Return to States List Index 

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