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Payroll Delaware, Unique Aspects of Delaware Payroll Law and Practice

The Delaware State Agency that oversees Identification Number (EIN) This
the collection and reporting of State information must be reported within 20
income taxes deducted from payroll checks days of the hiring or rehiring.
is: The information can be sent as a W4 or
equivalent by mail, fax or
Division of Revenue Withholding Division electronically.
820 N. French St. There is a $25.00 penalty for a late
Wilmington, DE 19801 report in Delaware.The Delaware new hire
302-577-8200 reporting agency can be reached at
allows you to use the Federal W-4 form 302-577-7171 or on the web site at
to calculate state income tax .Delaware does not allow compulsory
withholding.Not all states allow salary direct deposit.Delaware requires the
reductions made under Section 125 following information on an employee's
cafeteria plans or 401(k) to be treated pay stub:Wages due
in the same manner as the IRS code pay period dates
allows. In Delaware cafeteria plans are: hours worked for hourly workers
not taxable for income tax calculation; itemized deductionsDelaware requires
taxable for unemployment insurance that employee be paid no less often than
purposes. 401(k) plan deferrals are: monthly.Delaware requires that employees
not taxable for income taxes; taxable for must be paid within 7 days after the end
unemployment purposes.In Delaware of the pay period.Delaware payroll law
supplemental wages are required to be requires that involuntarily or
aggregated for the withholding voluntarily terminated employees must be
calculation..You must file your Delaware paid their final pay by the next regular
State W-2s by magnetic media if you are payday or by mail upon request.Deceased
required to file your federal W-2s by employee's wages up to $300.00 must be
magnetic media.The Delaware State paid to the surviving children under 21
Unemployment Insurance Agency is:The custodian, surviving spouse, children 21
Department of Labor and over or the deceased's parents (in
Division of Unemployment Insurance that order) when a "Proper Demand" has
4425 N. Market St. been made.Escheat laws in Delaware
Wilmington, DE 19802 require that unclaimed wages be paid over
302-761-8446 to the state after five years.There is no
State of Delaware taxable wage base for provision in Delaware law concerning
unemployment purposes is wages up to record retention of abandoned wage
$8,500.00.Delaware has optional reporting records.Delaware payroll laws allow for a
of quarterly wages on magnetic tip credit against Delaware State minimum
media.Unemployment records must be wage of $3.92 per hour.In Delaware the
retained in Delaware for a minimum period payroll laws covering mandatory rest or
of four years. This information meal breaks are: a 30-minute meal period
generally includes: name; social security during a 7 and one half-hour shift.
number; dates of hire, rehire and Taking place after the first two hours
termination; wages by period; payroll pay and before the last two hours o the
periods and pay dates; date and shift.The Delaware law requires that wage
circumstances of termination.The Delaware and hour records be retained for a period
State Agency charged with enforcing the of at least three years.The Delaware
state wage and hour laws is:The agency charged with enforcing Child
Department Labor Support Orders and laws is:Division of
Division of Industrial Affairs Child Support Enforcement
Labor Law Enforcement Section P.O. Box 904
4425 N. Market St. New Castle, DE 19720
Wilmington, DE 19802 302-577-7171
302-761-8200 has the following provisions for child
minimum wage in Delaware is $6.15 per support deductions:When to start
hour.There is also no general provision Withholding? 7 days after first payday
in Delaware State Law covering paying after receipt of order.
overtime in a non-FLSA covered When to send Payment? Payday.
employer.Delaware State new hire When to send Termination Notice?
reporting requirements are that every "Promptly"
employer must report every new hire and Maximum Administrative Fee? No
rehires. The employer must report the Provision
federally required elements of:Employee's Withholding Limits? Federal Rules
name under CCPA.
Employee's address Charles J. Read, CPA has been in the
Employee's social security number payroll, accounting and tax business for
Employer's name 30 years, the last fifteen in private
Employers address practice. Mr.
Employer's Federal Employer




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