Employment and Labor Laws

Delaware

Delaware Minimum Wage, Overtime, Hours and Leave Laws


Minimum Wage

Delaware’s current minimum wage rate is $9.25.

For more information on Delaware’s minimum wage laws, visit our Delaware Minimum Wage Laws page, which includes topics such as minimum wage, tip minimum wage, tip sharing and pooling, and subminimum wages.

Related topic covered on other pages include:


Overtime

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


Prevailing Wages

Under certain circumstances, employers in Delaware may be required to pay residents wage rates established by the federal or state prevailing wage rates and rules. The prevailing wage rates may be different from the state’s standard minimum wage rates. Employees may be eligible for prevailing wages if they work on federal or state government or government-funded construction projects or perform certain federal or state government services. See the Delaware Prevailing Wages, Davis-Bacon and Related Acts, McNamara-O’Hara Service Contract Act (SCA), and Walsh-Healey Public Contracts Act (PCA) for more information about prevailing wages.


Meals and Breaks

Delaware labor laws require employers to grant a meal break of at least 30 consecutive minutes to employees 18 years of age or older scheduled to work 7½ 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 (1) employee may perform the duties of a position
  • An employer has fewer than five (5) employees on a shift at one (1) 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. DE Admin. Code 19-1327

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 five (5) hours continuously per day. DE Statute 19-507


Nursing Mother Breaks

Delaware labor laws require employers with four (4) or more employees to provide employees who are nursing mothers with break to express breast milk. Employers must also provide employees who are nursing mothers with appropriate facilities for expressing breast milk. DE Statute 19-710, 711


Vacation Leave

Information about Delaware vacation leave laws may now be found on our Delaware Leave Laws page.


Sick Leave

Information about Delaware sick leave laws may now be found on our Delaware Leave Laws page.


Holiday Leave

Information about Delaware holiday leave laws may now be found on our Delaware Leave Laws page.


Jury Duty Leave

Information about Delaware jury duty leave laws may now be found on our Delaware Leave Laws page.


Voting Leave

Information about Delaware voting leave laws may now be found on our Delaware Leave Laws page.


Severance Pay

Delaware labor laws do not require employers to provide employees with severance pay. See DE Statute 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.


Unemployment

Under certain circumstances, Delaware residents may be eligible for unemployment benefits while they search for another job. You are required to certify that you are unemployed on a weekly basis to receive these benefits. See Delaware State Unemployment Benefits.


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