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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
Delaware employers must grant a meal break of at least 30 consecutive minutes to
employees 18 years of age or older scheduled to work 7.5 or more hours per day. The
meal break may be unpaid, except under rare circumstances. Meal breaks must be given
sometime after the first two (2) hours of work and before the last (2) hours of work.
This rule does not apply when:
workstations or other authorized locations and use rest room facilities as reasonably
necessary. Del. Code 19-707
Delaware employers must grant a meal break of at least 30 consecutive minutes to
employees under the age of 18 scheduled to work more than 5 hours continuously per
day. Del. Code 19-507
Delaware employers must grant a meal break of at least 30 consecutive minutes to
employees 18 years of age or older scheduled to work 7.5 or more hours per day. The
meal break may be unpaid, except under rare circumstances. Meal breaks must be given
sometime after the first two (2) hours of work and before the last (2) hours of work.
This rule does not apply when:
- a) The employee is a professional employee certified by Delaware’s State Board of
Education and employed by a local school board to work directly with children.
b) There is a collective bargaining agreement or other employer-employee written
agreement, which provides otherwise.
- a) Compliance would adversely affect public safety
b) Only one employee may perform the duties of a position
c) An employer has fewer than five employees on a shift at one location (the
exception would only apply to that shift).
d) Continuous nature of an employer's operations such as chemical production or
research experiments, requires employees to respond to urgent or unusual
conditions at all times and the employees are compensated for their meal breaks.
workstations or other authorized locations and use rest room facilities as reasonably
necessary. Del. Code 19-707
Delaware employers must grant a meal break of at least 30 consecutive minutes to
employees under the age of 18 scheduled to work more than 5 hours continuously per
day. Del. Code 19-507
Vacation
In Delaware, employers are not required to provide employees with vacation benefits, either
paid or unpaid. See 19 Del.C. § 1109; Willey v. Beneficial Corp., 1986 Del. Super. LEXIS
1072 (1986); Lloyd v. Wilmington Savings Fund Society, 1985 Del. Super. LEXIS 1194
(1985). If an employer chooses to provide such benefits, it must comply with the terms of
its established policy or employment contract.
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. See 19 Del.C. §
1109; Lloyd v. Wilmington Savings Fund Society, 1985 Del. Super. LEXIS 1194 (1985).
An employer may lawfully establish a policy or enter into a contract disqualifying employees
from payment of accrued vacation upon separation from employment if they are terminated.
See Lloyd v. Wilmington Savings Fund Society, 1985 Del. Super. LEXIS 1194 (1985).
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year. See Lloyd v. Wilmington Savings Fund Society, 1985 Del.
Super. LEXIS 1194 (1985).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. See 19 Del.C. § 1109.
An employer is not required to pay accrued vacation leave upon separation from
employment if the employer’s established policy or employment contract is silent on the
matter, unless the employer has established a practice of doing so. Santengelo v. Elite
Beverage, Inc., 783 A.2d 500, 65 Conn. App. 618 (2001).
An employer may lawfully cap the amount of leave an employee may accrue over time. See
Hullinger v. Corrin, 1987 Del. C.P. LEXIS 6 (1987); Willey v. Beneficial Corp., 1986 Del.
Super. LEXIS 1072 (1986).
An employer would also likely be free to implement a “use-it-or-lose-it” policy requiring
employees to use their leave by a set date or lose it. See 19 Del.C. § 1109; Lloyd v.
Wilmington Savings Fund Society, 1985 Del. Super. LEXIS 1194 (1985).
In Delaware, employers are not required to provide employees with vacation benefits, either
paid or unpaid. See 19 Del.C. § 1109; Willey v. Beneficial Corp., 1986 Del. Super. LEXIS
1072 (1986); Lloyd v. Wilmington Savings Fund Society, 1985 Del. Super. LEXIS 1194
(1985). If an employer chooses to provide such benefits, it must comply with the terms of
its established policy or employment contract.
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. See 19 Del.C. §
1109; Lloyd v. Wilmington Savings Fund Society, 1985 Del. Super. LEXIS 1194 (1985).
An employer may lawfully establish a policy or enter into a contract disqualifying employees
from payment of accrued vacation upon separation from employment if they are terminated.
See Lloyd v. Wilmington Savings Fund Society, 1985 Del. Super. LEXIS 1194 (1985).
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year. See Lloyd v. Wilmington Savings Fund Society, 1985 Del.
Super. LEXIS 1194 (1985).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. See 19 Del.C. § 1109.
An employer is not required to pay accrued vacation leave upon separation from
employment if the employer’s established policy or employment contract is silent on the
matter, unless the employer has established a practice of doing so. Santengelo v. Elite
Beverage, Inc., 783 A.2d 500, 65 Conn. App. 618 (2001).
An employer may lawfully cap the amount of leave an employee may accrue over time. See
Hullinger v. Corrin, 1987 Del. C.P. LEXIS 6 (1987); Willey v. Beneficial Corp., 1986 Del.
Super. LEXIS 1072 (1986).
An employer would also likely be free to implement a “use-it-or-lose-it” policy requiring
employees to use their leave by a set date or lose it. See 19 Del.C. § 1109; Lloyd v.
Wilmington Savings Fund Society, 1985 Del. Super. LEXIS 1194 (1985).
Sick Leave
In Delaware, employers are not required to provide employees with sick leave, either paid
or unpaid. See 19 Del.C. § 1109; Lloyd v. Wilmington Savings Fund Society, 1985 Del.
Super. LEXIS 1194 (1985). If an employer chooses to provide sick leave benefits, it must
comply with the terms of its established policy or employment contract.
An employer in Delaware may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
In Delaware, employers are not required to provide employees with sick leave, either paid
or unpaid. See 19 Del.C. § 1109; Lloyd v. Wilmington Savings Fund Society, 1985 Del.
Super. LEXIS 1194 (1985). If an employer chooses to provide sick leave benefits, it must
comply with the terms of its established policy or employment contract.
An employer in Delaware may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
Severance
Delaware law does not require employers to provide employees with severance pay. See
19 Del.C. § 1109; Lloyd v. Wilmington Savings Fund Society, 1985 Del. Super. LEXIS 1194
(1985). If an employer chooses to provide severance benefits, it must comply with the
terms of its established policy or employment contract.
Delaware law does not require employers to provide employees with severance pay. See
19 Del.C. § 1109; Lloyd v. Wilmington Savings Fund Society, 1985 Del. Super. LEXIS 1194
(1985). If an employer chooses to provide severance benefits, it must comply with the
terms of its established policy or employment contract.
Holidays
Delaware law does not require employers to provide employees with either paid or unpaid
holiday leave. See 19 Del.C. § 1109. In Delaware, an employer can require an employee to
work holidays. An employer does not have to pay an employee premium pay, such as 1 1/2
times the regular rate, for working on holidays, unless such time worked qualifies the
employee for overtime under standard overtime laws. If an employer chooses to provide
either paid or unpaid holiday leave, it must comply with the terms of its established policy or
employment contract.
Delaware law does not require employers to provide employees with either paid or unpaid
holiday leave. See 19 Del.C. § 1109. In Delaware, an employer can require an employee to
work holidays. An employer does not have to pay an employee premium pay, such as 1 1/2
times the regular rate, for working on holidays, unless such time worked qualifies the
employee for overtime under standard overtime laws. If an employer chooses to provide
either paid or unpaid holiday leave, it must comply with the terms of its established policy or
employment contract.
Minimum Wage
Delaware's current minimum wage rate is $7.15. DE Office of Labor Law Enforcement Info.
Some exceptions may apply.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in Delaware, the federal
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than state law.
Delaware's current minimum wage rate is $7.15. DE Office of Labor Law Enforcement Info.
Some exceptions may apply.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in Delaware, the federal
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than state law.
Overtime
Delaware does not have laws governing the payment of overtime. Federal overtime laws
apply. See FLSA: Overtime for more information regarding overtime requirements.
Delaware does not have laws governing the payment of overtime. Federal overtime laws
apply. See FLSA: Overtime for more information regarding overtime requirements.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
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| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer is not required to pay an employee for responding to a jury summons or for
serving on a jury. An employer may not consider as wages the fee paid by the state to an
employee for jury service.
Delaware Stat. 10-4514
An employer may not discharge, penalize, threaten, or otherwise coerce an employee
because the employee receives or responds to a summons or serves as a juror.
Delaware Stat. 10-4515
An employer is not required to pay an employee for responding to a jury summons or for
serving on a jury. An employer may not consider as wages the fee paid by the state to an
employee for jury service.
Delaware Stat. 10-4514
An employer may not discharge, penalize, threaten, or otherwise coerce an employee
because the employee receives or responds to a summons or serves as a juror.
Delaware Stat. 10-4515
