Delaware Code Title 19 Sec. 911 – Remedies of employees
(a) Any employer who pays any employee less than the full amount of the wages to which the employee is entitled under this chapter shall be liable to such employee in a civil action for the full amount of such wages less any amount actually paid to such employee by the employer and for the costs of the action, necessary expenses of prosecution and reasonable attorney’s fees. Any agreement between such employee and the employer to work for less than the minimum wage rate under this chapter shall be no defense to such action.
Terms Used In Delaware Code Title 19 Sec. 911
- Department: means the Department of Labor or its authorized representatives. See Delaware Code Title 19 Sec. 901
- Employee: includes any individual employed by an employer but shall not include:
- Employer: includes any individual, partnership, association, corporation, statutory trust, business trust or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee. See Delaware Code Title 19 Sec. 901
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Wage: means compensation due to an employee by reason of the employee's employment, payable in legal tender of the United States or check or bank convertible into cash on demand at full face value, subject to such deductions, charges or allowances as may be permitted by the regulations of the Department under this chapter. See Delaware Code Title 19 Sec. 901
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) Whenever the Department believes that wages, as required under this chapter, have not been paid, the Department may bring any legal action necessary to collect such claim. The Department shall attempt to notify affected employees of its action. Should the Department prevail the employer shall also be liable to pay the costs of the action, necessary expenses of prosecution and reasonable attorney’s fees. All expenses and attorney’s fees collected by the Department shall be remitted by the Department to the State Treasurer. Any wages collected pursuant to this subsection but not claimed by the employee entitled thereto within 1 year from the date of collection shall be remitted by the Department to the State Treasurer.
19 Del. C. 1953, § ?911; 55 Del. Laws, c. 18, § ?1; 65 Del. Laws, c. 369, § ?1; 70 Del. Laws, c. 186, § ?1;