Delaware Labor Laws

Delaware Labor Laws (2024 Guide For Employers)

This guide on Delaware labor laws will untangle the complexities of employment regulations in the state.

With a finger on the pulse of the state’s legal landscape, we bring you accurate, up-to-date information and expert insights.

Trust us to be your reliable source for understanding and navigating the ever-evolving employment laws in the state of Delaware.

  • Are you struggling to understand the intricacies of Delaware labor laws, particularly concerning health care and time-off policies?
  • Curious about how the recent changes in the minimum wage may impact your earnings as an employee or obligations as an employer?
  • Do you find yourself questioning employment practices, such as working hours, and wondering if they align with the law?
  • Are you aware of the rights of Delaware employees when it comes to matters like social media usage, reasonable accommodations, and whistleblower protection?

This article is for:

  • Private employers looking for clarity on wage rates and payment regulations.
  • Delaware employees seeking to comprehend their rights in terms of health care benefits, time-off policies, and social media usage.
  • Employers and employees interested in the latest updates on minimum wage laws effective January.
  • Individuals involved in labor unions and collective bargaining agreements.
  • Businesses aiming to provide reasonable accommodations and support diversity, including gender identity and genetic information.

Those involved in law enforcement, including volunteer emergency responders.

We understand the challenges you face in the dynamic landscape of Delaware employment laws.

Whether you’re a seasoned employer, a dedicated employee, or someone navigating the job market, we’ve got your back.

We hope this article brings clarity to those working their way through labor regulations and creates a space for dialogue on the impact of these laws on the everyday lives of workers in the First State.

Disclaimer: Despite our best efforts to provide you with accurate information on this topic at the time of writing, we cannot guarantee the accuracy of the content at the time of reading. This blog post is for informational purposes only and should not be considered legal advice. Consult an attorney for specific guidance on Delaware labor laws.

Delaware Wage Laws

Delaware Minimum Wage

As of January 1, 2024, Delaware boasts a minimum wage of $13.25 per hour, exceeding the federal rate of $7.25. This number is set to increase further to $15.00 in 2025.


Certain categories of workers, like tipped employees and agricultural workers, have different minimum wage standards. You should consult with the Delaware Department of Labor (DOL) for details.

Delaware Payment Laws


Delaware law mandates that most non-exempt employees receive their wages at least once a month, with specific intervals depending on the pay period.


Employers must maintain accurate records of employees’ wages, hours worked, and deductions for at least three years.

Delaware Overtime Laws

Overtime Rate

Similar to federal law, Delaware requires overtime pay of 1.5 times the regular rate of pay for all hours worked over 40 in a workweek.


Executive, administrative, and professional employees may be exempt from overtime under specific criteria outlined by the Fair Labor Standards Act (FLSA) and state law.

Delaware Break Laws

Meal Breaks

Employees working over seven and a half consecutive hours must receive an unpaid meal break of at least 30 minutes. Shorter breaks for snacks or rest are also encouraged.


Delaware child labor laws mandate specific break times for minors based on their age and working hours.

Delaware Leave Requirements

Medical Leave

Delaware adheres to the federal Family and Medical Leave Act (FMLA), allowing eligible employees unpaid leave for certain medical and family reasons.

Sick Leave

Delaware lacks a statewide sick leave mandate, but some cities and localities have enacted their own regulations. You should check local laws for more information.

Military Leave

The state grants military leave to qualified employees under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA).

Jury Duty Leave

Delaware employers must provide unpaid leave for employee jury duty service.

Child Labor Laws In Delaware

Minimum Age

Children under 14 cannot be employed in most occupations. Specific restrictions apply to minors between 14 and 18, including work hour limitations and prohibited hazardous jobs.

Work Permits

Minors under 18 generally require work permits issued by the Delaware DOL.

Delaware Hiring Laws


Delaware law prohibits discrimination in employment based on protected characteristics like race, religion, gender, sexual orientation, and national origin.

Background Checks

Employers can conduct background checks, but restrictions apply, and they cannot discriminate based on protected information.

Delaware Termination Laws

At-Will Employment

Delaware is an at-will employment state, meaning employers can generally terminate employees for any reason (except those prohibited by law, like discrimination).

Disciplinary Action

Employers should follow fair and consistent disciplinary procedures when terminating employees.

Occupational Safety In Delaware

Workers’ Compensation

Delaware employers must carry workers’ compensation insurance to cover medical expenses and lost wages for work-related injuries or illnesses.

Safety Regulations

The Delaware Division of Occupational Safety and Health (DOSH) enforces state and federal safety regulations in workplaces.

Disclaimer: Not Legal Advice

This blog post provides a general overview of Delaware labor laws but does not constitute legal advice. Laws and regulations are subject to change, and there may be additional requirements or exemptions that apply to specific situations. Employers and employees should consult a qualified labor law attorney for advice on their specific circumstances.

If you have any questions about your rights or obligations as an employer or employee in Delaware, it is essential to consult with a labor law attorney to receive accurate information and guidance tailored to your situation. By seeking professional legal advice, you can ensure that you are taking the appropriate steps to comply with labor laws and protect your rights.

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