State Labor Law Guide

Delaware
Labor Laws

What workers in Delaware need to know about minimum wage, overtime, breaks, final pay, and their rights when an employer has not paid them fairly.

DE DELAWARE
$15.00
Minimum Wage
$22.50
Overtime Rate*
30 MIN
Meal Break
2 YRS
Claim Deadline*
DEL.
Governing Law

Minimum Wage $15.00 PER HOUR

Delaware's minimum wage is $15.00 per hour. The current rate took effect on January 1, 2025. When federal and state law both apply, workers must receive the higher wage required by law.

Delaware allows a tip credit for tipped employees. Employers must pay a direct cash wage of at least $2.23 per hour, and tips must bring the worker's total pay to at least $15.00 per hour. If tips do not cover the difference, the employer must make up the shortfall.

Tipped Workers: A tip credit does not let an employer pay less than the minimum wage overall. The worker's direct wage and tips must still equal at least Delaware's minimum wage.

Overtime Laws 1.5X RATE

Most non-exempt Delaware employees must receive overtime at one and a half times their regular rate for hours worked over 40 in a workweek. At Delaware's $15.00 minimum wage, that equals $22.50 per hour.

Overtime is calculated by workweek. Working more than eight hours in one day does not automatically create overtime if total hours for the week do not exceed 40. Bonuses, commissions, and other pay may need to be included when calculating the regular rate.

Exempt Employees: A salary does not automatically remove overtime rights. Exempt status depends on pay, duties, and the actual work performed, not job title alone.

Meal & Rest Breaks 30 MIN AFTER 7.5 HRS

Delaware generally requires an unpaid meal break of at least 30 consecutive minutes when an employee works 7.5 or more consecutive hours. The break must be given after the first two hours of work and before the last two hours of work.

The meal break must be uninterrupted and off duty. If the employee must keep working, respond to calls, help customers, or remain responsible for job duties during the break, that time may need to be paid.

Exceptions: Delaware's meal-break rule has exceptions, including certain collective bargaining agreements, public-safety concerns, one-person positions, small shifts, and continuous operations where employees are paid for the break.

Final Paycheck NEXT PAYDAY

When a Delaware employee quits, resigns, is discharged, suspended, or laid off, earned wages are generally due on the next regularly scheduled payday. Final wages may be paid through the usual pay channels or by mail if requested by the employee.

Regular Paydays: Delaware generally requires wages to be paid at least once per month and within seven days after the close of the pay period.

Filing a Claim 2 YEAR WINDOW*

Delaware workers may file wage claims with the Delaware Department of Labor, Office of Wage and Hour Enforcement. Wage claims generally have a two-year statute of limitations from the date the money was allegedly due.

A wage claim filed with the Delaware Department of Labor generally must be filed at least 90 calendar days before the statute of limitations expires. Federal FLSA claims generally have a two-year limitations period, extended to three years for willful violations.

Important: Each unpaid paycheck can affect the amount of wages recoverable. Waiting too long can reduce or eliminate a claim.

Employee Misclassification COMMON VIOLATION

Some Delaware employers label workers as independent contractors or exempt employees to avoid paying overtime, payroll taxes, or other wage obligations. A job title, contract, or salary does not automatically decide whether wage protections apply. The actual working relationship, economic realities, and day-to-day duties matter.

This article is provided for informational and educational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Josephson Dunlap LLP. Wage and hour laws vary by state, and the application of these laws depends on the specific facts of each situation. The figures and information cited above are current as of the date of publication and are subject to change. Prior results in other matters do not guarantee or predict a similar outcome in any future matter. If you believe your wages were not paid correctly, consult a qualified, licensed employment attorney.

Think You May Be Owed Back Wages?

Josephson Dunlap reviews wage claims for Delaware workers at no cost. There is no fee unless wages are recovered. A case manager will go through your situation and tell you where you stand.