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Delaware Labor Laws 2025

Delaware has labor protections including a minimum wage of $15/hour, mandatory meal breaks for longer shifts, and comprehensive discrimination protections. Most requirements apply to employers with 4 or more employees.

Important: Delaware's minimum wage is $15.00 (2025). Most labor laws apply to employers with 4+ employees.

Minimum Wage

Delaware has a state minimum wage that exceeds federal law and is scheduled to increase incrementally.

Key Requirements

  • State minimum wage: $15.00 per hour (as of January 1, 2025)
  • Tipped employees: $2.23/hour minimum cash wage (with tip credit to reach minimum)
  • Applies to employers with 4 or more employees

Additional Resources

Overtime

Delaware follows federal overtime requirements under the FLSA with no additional state requirements.

Key Requirements

  • Overtime pay: 1.5x regular rate for hours worked over 40 in a workweek
  • No daily overtime requirement (calculated weekly)
  • Standard FLSA exemptions apply (executive, administrative, professional)
  • No state-specific overtime provisions
  • Applies to employers with 4 or more employees

Additional Resources

Meal Breaks

Delaware requires meal breaks for employees working certain shift lengths.

Key Requirements

  • Meal break: 30-minute unpaid break for shifts of 7.5+ consecutive hours
  • Applies to all employers
  • Employees must be completely relieved of duties during meal break
  • Minors under 18: 30-minute break required for shifts over 5 hours
  • No state requirement for rest breaks (but if provided under 20 minutes, must be paid)

Additional Resources

Payment of Wages

Delaware has specific requirements for wage payment frequency and final paychecks.

Key Requirements

  • Employees must be paid at least once per month
  • Payment must be made within 7 days after end of pay period
  • Final wages: Must be paid by next regular payday
  • Employers may not withhold wages as discipline or for cash shortages
  • Direct deposit allowed with employee written authorization

Additional Resources

Child Labor

Delaware has comprehensive restrictions on youth employment to protect minors.

Key Requirements

  • Work permits required for minors under 18
  • Ages 14-15: Limited to 3 hours per school day, 18 hours per week during school
  • Ages 14-15: 8 hours per day, 40 hours per week when school not in session
  • Ages 16-17: May work unlimited hours but restrictions on hazardous occupations
  • Minors under 16 cannot work before 7am or after 7pm (9pm in summer)

Additional Resources

Discrimination Protections

Delaware has state-level employment discrimination protections that expand on federal law.

Key Requirements

  • Protected classes include: race, color, age, religion, sex, national origin, marital status, disability
  • Also includes protections for genetic information, sexual orientation, and gender identity
  • Applies to employers with 4 or more employees
  • Prohibits discrimination in hiring, firing, compensation, and terms of employment
  • Delaware Department of Labor handles discrimination complaints

Additional Resources

Employer Size Threshold

Most Delaware labor laws include a threshold based on employer size:

4 or More Employees

Subject to Delaware minimum wage, discrimination laws, and other state employment requirements

Fewer Than 4 Employees

May follow federal minimum wage and are exempt from some state-specific requirements

Federal Laws Apply

Delaware employers must comply with all federal employment laws:

FLSA

Fair Labor Standards Act governs overtime, recordkeeping, and youth employment standards.

FMLA

Family and Medical Leave Act provides job-protected leave for eligible employees.

ADA

Americans with Disabilities Act prohibits discrimination and requires reasonable accommodations.

Title VII

Prohibits employment discrimination based on race, color, religion, sex, or national origin.

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