Minimum Wage

Delaware’s current minimum wage rate is $7.25. 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.

Overtime

Delaware does not have laws governing the payment of overtime. Federal overtime laws apply. See FLSA: Overtime for more information regarding overtime requirements.

Meals and Breaks

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 two (2) hours of work. This rule does not apply when:

• 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.
• There is a collective bargaining agreement or other employer-employee written agreement, which provides otherwise.

The Secretary of Labor has issued rules granting exemptions when:

• Compliance would adversely affect public safety
• Only one employee may perform the duties of a position
• An employer has fewer than five employees on a shift at one location (the exception would only apply to that shift).
• 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.

Where exemptions are allowed, employees must be allowed to eat meals at their workstations or other authorized locations and use rest room facilities as reasonably necessary. Delaware 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. Delaware Code 19-507

Vacation Leave

In Delaware, employers are not required to provide employees with vacation benefits, either paid or unpaid. See Delaware Code 19-1109; 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 Delaware Code 19-1109; 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 Delaware Code 19-1109.

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 Delaware Code 19-1109; 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.

Holiday Leave

Delaware law does not require employers to provide employees with either paid or unpaid holiday leave. See Delaware Code 19-1109. In Delaware, an employer can require an employee to work holidays. An employer does not have to pay an employee premium pay, such as 1½ 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.

Jury Duty Leave

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 Code 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 Code 10-4515

Voting Leave

Delaware law does not require an employer to allow employees time off, paid or unpaid, to vote.

If an employee has vacation time, an employer cannot prevent the employee from using accrued time to act as an election officer, so long as the employee is not in a critical need position. Critical Need Position is an employee in: public safety, corrections, transportation, health care, utilities, a small business employing twenty (20) or less people, or necessary for the business or industry to operate on election day.

An employer who refuses to allow an employee to use accrued vacation or personal leave to serve as an election officer may be found guilty of of criminal contempt which can result in a fine of up to a $500 or 180 days in jail or both. Also, if an employer fires an employee in violation of this law, the employee may file a law suit within 90 days for lost wages and reinstatement and may be awarded reasonable attorney’s fees.
Delaware Code 15-4709

Severance Pay

Delaware law does not require employers to provide employees with severance pay. See Delaware Code 19-1109; 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.