At a glance
- Minimum wage: $15.00 an hour.
- Tipped cash wage: $2.23.
- Overtime: after 40 hours in a workweek.
- Final paycheck if fired: by the next regular payday.
- Paid sick leave: No. Paid family leave program: Yes.
What Delaware employers need to know
Delaware reached a $15.00 minimum wage in 2025 and has no scheduled increase after that, but its paid leave program is brand new: contributions began in 2025 and benefits started January 1, 2026. The coverage depends on headcount, which is unusual. Delaware also has a short list of meal break rules and a pay transparency law on the way for larger employers in 2027.
Delaware minimum wage
| Minimum wage | $15.00 |
|---|---|
| Tipped cash wage | $2.23 |
| Next change | None scheduled |
Pay the highest rate that applies where the employee works: federal, state, or local. For comparison, neighboring states pay Maryland ($15.00), Pennsylvania ($7.25), New Jersey ($15.92). See every state side by side in our minimum wage by state table, and convert between hourly and annual pay with the salary to hourly calculator.
Delaware overtime rules
The federal FLSA rule applies: overtime at 1.5 times the regular rate after 40 hours in a workweek. There is no daily overtime rule.
Exempt salary test: the federal minimum of $684 a week ($35,568 a year) applies. Duties tests apply too, so job titles alone don't make someone exempt.
Work out overtime owed with our overtime calculator, compare states in overtime laws by state, and check classification with our guide to exempt vs non-exempt employees.
Delaware meal and rest break laws
Meal breaks: A 30-minute meal break for employees working 7.5 or more consecutive hours, taken after the first 2 hours and before the last 2 hours.
Rest breaks: No state rest break law for adults. Under federal law, short breaks of 5 to 20 minutes that you choose to give must be paid.
Many states have stricter break rules for minors. Compare adult rules nationwide in break laws by state, and total up shifts with the time card calculator.
Delaware final paycheck law
| If you fire or lay off the employee | By the next regular payday. |
|---|---|
| If the employee quits | By the next regular payday. |
| Unused vacation or PTO | Not required by state law. Follow your written policy or contract, and apply it consistently. |
Build the deadline into your offboarding checklist. Our offboarding guide covers the full process, the PTO payout calculator works out the amount, and the final paycheck laws by state table compares every state.
Delaware paid sick leave and family leave
Paid sick leave: No statewide paid sick leave law. Check city and county rules, and federal contractor rules (Executive Order 13706) if they apply.
Paid family and medical leave: Delaware Paid Leave: benefits began January 1, 2026. Employers with 10 or more employees must cover parental leave, and employers with 25 or more must also cover medical and family caregiving leave. Funded by premiums that employers may split with employees.
Federal FMLA: employers with 50 or more employees within 75 miles must also give eligible employees up to 12 weeks of unpaid, job-protected leave. Read our FMLA guide, and compare states in paid leave laws by state.
Hiring, pay transparency, and payroll setup
Pay transparency: Not yet in effect. A law requiring pay ranges in postings for employers with 26 or more employees takes effect in September 2027.
New hire reporting: Report each new hire within 20 days of the hire date, the federal deadline.
State income tax withholding: Yes. Register with the state tax agency before the first payroll.
Our pay transparency laws guide explains posting rules in more depth, and our job description templates include pay data for 50 common roles.
What trips up Delaware employers
- Delaware Paid Leave coverage depends on headcount: 10 or more for parental leave, 25 or more for all leave types.
- Plan now for pay ranges in job postings, required for employers with 26 or more employees from September 2027.
- Tipped employees can be paid as little as $2.23 an hour in cash wages, one of the lowest outside the federal level.
Sources and the agency to contact
- Delaware Department of Labor (state labor agency)
- US Department of Labor: state minimum wage laws
- US Department of Labor: minimum wages for tipped employees by state
- US Department of Labor: state meal period requirements
General information for US employers, not legal advice. Laws change and have exceptions by industry, employer size, and city. Confirm current rules with the state agency or employment counsel before you rely on them.
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<a href="https://www.hrtally.com/state-labor-laws/delaware/">Delaware labor laws for employers (2026)</a> (source: HRTally)
Suggested citation: HRTally Research Team. "Delaware labor laws for employers (2026)." HRTally, updated October 20, 2026. https://www.hrtally.com/state-labor-laws/delaware/
Frequently asked questions
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Written by the HRTally Research Team
Our guides are written and reviewed by people with hands-on US HR, payroll, and HR technology experience. Legal and tax facts are checked against primary sources, such as the Department of Labor, IRS, EEOC, and USCIS, and linked at the end of each guide. Vendors never review or pay for our editorial content.