Employers should adhere to their own policies regarding earned, unused vacation time. Some state employees are entitled to their unused annual leave and sick leave upon separation from employment under state law.
Delaware Labor Laws
Delaware Minimum Wage
Delaware’s minimum wage is set at $9.25 per hour.
Delaware Labor Law Posters
Simplify labor law compliance and make workplace policies visible with J. J. Keller state and federal labor law posters.
History of Delaware Labor Laws
In 2014, Delaware’s minimum wage increased to $7.75 per hour, surpassing the federal minimum wage rate of $7.25 per hour.
Municipality Minimum Wage Laws
Although Delaware does not have a preemption law for minimum wage, no cities within the state have established their own minimum wage rates.
Delaware Minimum Wage Exemptions
The following individuals are exempt from minimum wage requirements:
- Agricultural employees
- Domestic service employees in or around private homes
- Employees of the United States government
- Outside commission-paid salespeople
- Bona fide executives, administrators, and professionals
- Employees engaged in fishing and fish processing at sea
- Volunteer workers for educational, religious, or non-profit organizations
- Junior camp counselors employed by non-profit summer camp programs
- Inmates participating in Department of Correction programs
Delaware Posting Requirements
Required posters:
- Minimum Wage
- Child Labor
- Discrimination
- Payment of Wages
- Workers' Compensation
- Breaks
Tipped Wage in Delaware
The tipped wage is $2.23 per hour, which is higher than the federal rate of $2.13 per hour.
Overtime Wage in Delaware
Employees must be paid time-and-a-half their regular rate of pay for hours worked over 40 in a workweek.
Certain employees are exempt from the overtime requirements of the Fair Labor Standards Act and do not need to be paid overtime in Delaware. These exempt workers include:
- Executive, administrative, and professional employees
- Outside sales employees and employees in certain computer-related occupations
- Employees of certain seasonal amusement or recreational establishments
- Certain farm workers
- Casual babysitters and companions to the elderly or infirm
- Certain commissioned employees of retail establishments, auto and other sales workers, and certain parts clerks and mechanics
- Taxi drivers and certain other employees in the transportation industry
- Announcers, news editors, and chief engineers of certain non-metropolitan broadcasting systems
- Domestic service workers living in the employer’s residence
- Employees of motion picture theaters
- Farm workers
Child Labor Laws in Delaware
Minors aged 14 or 15:
- Cannot work before 7 a.m. or after 7 p.m. (extended to 9 p.m. from June 1st through Labor Day)
- Cannot work more than 4 hours per day on school days
- Cannot work more than 8 hours per day on non-school days
- Cannot work more than 18 hours per week when school is in session for five days
- Cannot work more than 6 days per week
- Cannot work more than 40 hours per week when school is not in session
- Cannot work more than 5 hours continuously without a non-work period of at least 30 consecutive minutes
Minors aged 16 or 17:
- Cannot work more than 12 hours in a combination of school and work hours per day
- Must have at least 8 consecutive hours of non-work, non-school time in each 24-hour period
- Cannot work more than 5 hours continuously without a non-work period of at least 30 consecutive minutes
Employer Recordkeeping Requirements in Delaware
Employers must maintain payroll records for at least three years, detailing:
- Rates of pay
- Hours worked
- Amounts paid to each worker
Delaware Labor Law Questions & Answers
Yes, small businesses in Delaware are required to pay minimum wage.
Minors aged 14 or 15 can work up to four hours on school days (eight hours on non-school days) and 18 hours during weeks when school is in session for five days (40 hours during weeks when school isn’t in session).
Delaware does not have its own overtime law. Under federal law, employers can require overtime, provided they pay time-and-a-half the employee’s regular rate for any hours exceeding 40 in a workweek.
Minors must receive a break of at least 30 consecutive minutes if scheduled to work five or more hours per day. Other employees scheduled to work seven-and-a-half or more hours per day must receive a meal break of at least 30 consecutive minutes, given sometime after the first two hours of work and before the last two hours of work.
Delaware Labor Law Posters
Simplify labor law compliance and make workplace policies visible with J. J. Keller state and federal labor law posters.