THE DELAWARE LABOR LAW GUIDE:
What You Need To Know
Discover your rights and protections regarding wages, overtime, and employee classification. If you've faced unpaid overtime or workplace violations, contact Josephson Dunlap for expert representation and guidance.
Unravel the complexities of labor regulations and ensure fair treatment in your workplace.
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$10.50
Delaware Minimum Wage Laws
Delaware's minimum wage, as governed by wage and hour laws, is currently $10.50/hour. For tipped employees however, the minimum wage is $2.23/hour.
30 Minutes
Per 7.5 Hours
Employers must offer adult employees who work 7.5 hours or more per day a minimum 30-minute meal break. This break can be unpaid and must be provided after the first 2 hours of work but before the last 2 hours.
2 Years
Filing Claims
Delaware’s Statute of Limitations for overtime claims aligns with the Fair Labor Standards Act, requiring lawsuits for unpaid back overtime wages to be filed within two years of the employer’s violation. This means that a lawsuit filed today can only seek back overtime pay for the previous 2 (or sometimes 3) years.
1.5x
Delaware Overtime Laws
Delaware law aligns with the FLSA, mandating employers to compensate eligible employees at 1.5 times their regular rate for hours worked beyond 40 in a week, unless exempt. Employees subject to mandatory overtime can legally work extra hours but must be compensated appropriately.
Final Paychecks
in Delaware
According to Delaware Department of Labor laws, employers must pay all final wages to employees who separate from employment (whether due to termination, resignation, or separation because of a labor strike) by the next regularly scheduled payday.