What liquidated damages does 19 Del. C. § 1103 add?

If an employer, without reasonable grounds for dispute under § 1104 or § 1107, fails to pay wages as required, the employer is also liable for liquidated damages equal to the lower of 10 percent of the unpaid wages for each day except Sunday and legal holidays upon which the failure continues after the due date, or an amount equal to the unpaid wages (Delaware Code Online § 1103(b)(2)).

When are Delaware final wages due?

Section 1103(a): on quit, resignation, discharge, suspension, or layoff, wages become due on the later of the next regular payday covering the last day worked or three business days after the last day worked.

Saturday counts. Sunday and legal holidays do not. That is the opposite of California LC 203 (every calendar day counts) and different from Oregon's calendar-day 8-hour units.

Classic contrast with California, Oregon, and Idaho?

Ten countable Delaware days on $400 unpaid wages: 10 × 10% × $400 = $400 (hits the unpaid cap). Five countable days: $200. The same 10 calendar days on California LC 203 at $20 × 8h is $1,600. Oregon ORS 652.150 with $400 unpaid and no written notice is $400 (8h × days capped at unpaid). Idaho Code § 45-607 on 10 last-employed 8h days at $20 is $1,600 raw capped at $750.

Same as /california-waiting-time-penalty/, /oregon-waiting-time-penalty/, or /idaho-waiting-time-penalty/?

No. Those pages are LC 203 (30 usual-day, no unpaid-wages cap), ORS 652.150 (always 8h × 30 with a 100% unpaid cap), and Idaho 15-day last-employed rate with $750/$500 dollar caps. This page is Delaware's 10%/day of unpaid wages, Saturday-in/Sunday-out, 100% unpaid cap, due later of payday or +3 business days.

Delaware Wage-Payment Liquidated Damages Calculator

What this page computes

Enter last day worked, next payday, paid date (or as-of if still unpaid), unpaid wages, and the dispute / catastrophe toggles. The ticket shows 10% × countable days (Sunday and legal holidays out), the 100% unpaid cap, and payable liquidated damages. Not a weekly punch OT calculator.

How § 1103 pays

§ 1103(a): quit, resign, discharge, suspend, or layoff — wages earned become due on the later of the next date wages would be paid through the last day under the regular cycle, or three business days after the last day worked.

§ 1103(b)(2): without reasonable grounds for dispute under § 1104 or § 1107, liquidated damages = the lower of 10% of unpaid wages for each day the failure continues after the due date except Sunday and legal holidays, or an amount equal to the unpaid wages. § 1103(c) labor dispute / power failure / blizzard / epidemic / fire / explosion is not a violation.

In scope

Private-sector Delaware Wage Payment and Collection Act separations
10%/day of unpaid wages; Saturday in; Sunday and legal holidays out
100% unpaid-wages cap (not a $750 dollar cap, not a usual-day × 30)
Due: later of next payday or +3 business days
Reasonable dispute and § 1103(c) catastrophe → $0

Out of scope

California LC 203 usual-day waiting-time penalty (separate page)
Oregon ORS 652.150 8-hour / 100%-cap penalty wages (separate page)
Idaho Code § 45-607 15-day $750/$500 (separate page)
Maine 26 M.R.S. § 626 2× lump (not this URL)
Federal / State of Delaware / political-subdivision employees (§ 1101 carve-out)

Classic statutory contrast

10 countable days late, unpaid wages $400 → 10 × $40 = $400, capped at $400.
5 countable days, unpaid $400 → $200.
Due Friday, paid Monday (Sat counts, Sun does not) unpaid $400 → $80 (2 days).
Same 10 calendar days on /california-waiting-time-penalty/ @ $20×8h → $1,600.
Same 10 days on /oregon-waiting-time-penalty/ unpaid $400 no notice → $400.
Same 10 days on /idaho-waiting-time-penalty/ @ $20×8h → $750 cap.

Sources

19 Del. C. ch. 11 — Wage Payment and Collection Act, § 1103 (Delaware Code Online, HTTP 200)
Delaware DOL — Wage Payment and Collection Act

CA waiting-time penalty (LC 203) · OR penalty wages (ORS 652.150) · ID wage-claim penalty (§ 45-607)

Is this 8 hours per day like Oregon?

No. Delaware measures 10% of the unpaid wage balance per countable day. Oregon is always eight hours × hourly × calendar days, then a 100% unpaid cap. The 5-day Delaware result on $400 unpaid is $200; Oregon on the same 5 calendar days is $400.

Does a good-faith wage dispute wipe the 10%?

Yes, if the employer has reasonable grounds for dispute under § 1104 or § 1107. Check the dispute box. § 1103(c) payroll catastrophe is a separate off-switch.

Same as California or Idaho waiting-time?

No. LC 203 is 30 usual-day units including weekends. Idaho § 45-607 is 15 last-employed days with a $750/$500 dollar cap. Delaware is 10% of unpaid per weekday-plus-Saturday, capped at unpaid wages.

Delaware wage-payment liquidated damages (10%/day, 100% cap)