19 Del. Admin. Code §§ 1328-5.0

Current through Register Vol. 27, No. 12, June 1, 2024

Section 1328-5.0 - Return of Employer's Property

5.1 In no case shall an employer withhold all or part of the final compensation due an employee while the employer awaits return of property in the possession of the employee. Any written agreement which permits such withholding is in violation of § 1107.3 of the Wage Payment and Collection Act.

5.2 An employer may request that a deposit be paid on a particular piece of property but such a deposit may not be deducted from the employee's wages without the employee's written consent. If the deposit is to be paid out of the employee's wages, the full deduction must be made by the first regular payday following the issuance of the property to the employee.

5.3 A deposit must be returned to the employee along with any financial compensation, provided the employee has returned the property on which the deposit was paid.

5.4 If property is returned after all other final compensation has been paid, the deposit on the property must be given to the employee immediately upon return of the property, if possible, but in no case later than the next regular payday.

19 Del. Admin. Code §§ 1328-5.0