The Delaware Labor Law Guide

Minimum wage is the lowest hourly pay rate employers are legally required to pay nonexempt employees. While the federal minimum wage establishes a baseline, states may adopt higher minimum wage rates.

Delaware sets a statewide minimum wage, and local cities and municipalities do not establish separate or higher minimum wage rates.

• As of January 1, 2026, Delaware’s minimum wage remains $15.00 per hour, as no additional increases are scheduled.

Employers must comply with applicable exceptions and special rules, including those for tipped employees and other limited categories.

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Tipped minimum wage is the lowest hourly cash wage employers may pay employees who customarily and regularly receive tips, provided the employee’s tips plus cash wages equal at least the applicable minimum wage.

Tipped Cash Wage

Delaware permits employers to take a tip credit.

• As of January 1, 2026, Delaware’s minimum wage is $15.00 per hour.

• Employers may pay tipped employees a cash wage as low as $2.23 per hour, provided that:

  • The employee’s tips plus cash wages equal at least $15.00 per hour; and

  • The employer complies with all applicable tip-credit notice and recordkeeping requirements.

If a tipped employee’s tips plus the cash wage do not equal at least $15.00 per hour, the employer must pay the difference.

Tip Pooling and Tip Sharing

Delaware permits tip pooling, subject to specific statutory rules.

• Employee-initiated tip pools: Employees may voluntarily establish a system for sharing or pooling gratuities among direct service employees. Employers may not require or coerce employees to participate in a voluntary tip pool.

• Employer-required tip pooling (limited exception): If more than one direct service employee provides personal service to the same customer, the employer may require a tip pooling or sharing arrangement. In this limited circumstance, the required pool may not exceed 15% of the primary direct service employee’s gratuities.

Employer prohibition: Employers may never retain or receive any portion of employee gratuities, regardless of whether a tip pool is voluntary or required.

Delaware does not have a state overtime law and generally follows the federal Fair Labor Standards Act (FLSA), which requires non-exempt employees to receive one and one-half (1.5) times their regular rate of pay for all hours worked in excess of 40 in a workweek.

Meal Breaks

Meal Breaks Delaware law requires employers to provide an unpaid meal break of at least 30 consecutive minutes to employees who work 7½ or more consecutive hours.

• Timing: The meal break must occur after the first two hours of work and before the last two hours of work.

• Payment: The meal break is generally unpaid, provided the employee is fully relieved of duties.

Exceptions (Statutory) The 30-minute meal break requirement does not apply if:

1. Education: The employee is a professional certified by the State Board of Education and employed by a local school board to work directly with children; or

2. Written Agreement: A collective bargaining agreement (CBA) or other written employer-employee agreement provides otherwise.

Operational Exemptions (Regulation 1327) The Secretary of Labor allows exemptions where:

• Compliance would adversely affect public safety;

• Only one employee may perform the duties of the position;

• The employer has fewer than five (5) employees on a shift at a single place of business (applies only to that shift); or

• The continuous nature of operations (e.g., chemical production, research) requires employees to respond to urgent conditions at all times.

Special Rule: Consecutive Shifts Employers operating consecutive, non-overlapping shifts may provide a meal break of no less than 20 consecutive minutes (instead of 30), provided the break is paid.

Employee Rights During Exemptions Where an operational exemption applies, employees must be allowed to eat at their workstations (or other authorized locations) and use restrooms as reasonably necessary. Employees must be compensated (paid) for this time.

Rest Breaks

Delaware law does not require employers to provide rest breaks to adult employees. (If provided, pay treatment is generally governed by federal law and employer policy.)

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Vacation Leave

Requirement: Delaware law does not require private employers to provide paid or unpaid vacation leave.

Policy control: Employers may choose to offer vacation leave at their discretion. If offered, the employer’s written policy, employment agreement, or collective bargaining agreement (CBA) controls accrual, usage, carryover, and payout.

Payout on separation: Unused vacation does not need to be paid out at separation unless required by the employer’s policy or an agreement.

Paid Sick & Medical Leave

Routine Sick Leave

Delaware law generally does not require private employers to provide accrued paid sick leave for routine, short-term illnesses (such as colds, flu, or minor injuries).

Paid Family & Medical Leave (PFML)

Effective January 1, 2026, Delaware’s Healthy Delaware Families Act provides eligible employees with access to state-administered, paid family and medical leave benefits for qualifying reasons, including:

• The employee’s own serious health condition (medical leave);

• Parental leave to bond with a new child;

• Care for a family member with a serious health condition; and

• Qualifying military exigencies.

Program structure:

• The program is funded through mandatory payroll contributions, which began January 1, 2025.

• Benefits are paid through the state PFML program, unless the employer maintains an approved private plan.

• Job protection applies to covered employers and eligible employees as defined by statute.

Note: PFML is separate from routine sick leave and does not require employers to provide traditional paid sick days.

Note: Coverage thresholds vary by leave type. Parental leave applies to employers with 10+ employees; Medical/Family Care leave applies to employers with 25+ employees.

Holidays

Requirement: Delaware law does not require private employers to provide paid holiday leave or to close their business on holidays.

Holiday pay: Employers are not required to pay a premium rate (such as time-and-a-half) for work performed on a holiday unless:

• Overtime is triggered under the Fair Labor Standards Act (FLSA); or

• An employer policy or CBA provides otherwise.

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Delaware child labor laws vary based on a minor’s age and school status. Employers must comply with both Delaware law and applicable federal child labor rules, applying the most protective standard where they differ. Delaware law generally prohibits minors under 18 from working in certain hazardous occupations. 

General Requirements

• Minimum age: The minimum age for employment in Delaware is 14.

• Work permits (Age Certificates): Minors under 18 must have a work permit/age certificate on file with their employer before beginning work. If a minor changes employers, the minor must obtain a new work permit.

• Meal breaks (minors): Minors under 18 may not work more than 5 hours continuously without a nonworking period of at least 30 minutes.

Minors Ages 14–15

Time of Day

• May work between 7:00 a.m. and 7:00 p.m. 

• Summer exception: May work until 9:00 p.m. from June 1 through Labor Day.

Hours of Work

• School days: Up to 4 hours per day

• Non-school days: Up to 8 hours per day

• School weeks: Up to 18 hours per week (when school is in session for 5 days)

• Non-school weeks: Up to 40 hours per week

• Weekly limit: No more than 6 days per week

Minors Ages 16–17

School-Related Limits

• May not exceed 12 combined hours of school and work in a single day.

• Must have at least 8 consecutive hours in each 24-hour period that are free from both school and work.

Hiring

In addition to federal law, Delaware prohibits discrimination in hiring based on:

• Race (including traits historically associated with race, such as hair texture and protective hairstyles)

• Color

• National origin

• Sex (including pregnancy and related conditions)

• Sexual orientation

• Gender identity

• Religion

• Disability

• Age (40 and over)

• Marital status

• Genetic information

• Family responsibilities

• Reproductive health decisions

• Housing status

• Status as a victim of domestic violence, a sexual offense, or stalking

• Volunteer emergency responder status

Salary history / compensation history ban

Employers may not:

• Screen applicants based on compensation history (including requiring past compensation to meet minimum or maximum thresholds); or

• Seek an applicant’s compensation history from the applicant or the applicant’s current/former employer.

Employers may discuss compensation expectations, and may confirm compensation history only after an offer (including compensation) is negotiated, made, and accepted—solely to confirm.

Firing

Delaware supports “at-will” employment laws. All Delaware employers have the right to terminate employees at will for nearly any reason and no reason at all, as long as it’s not discriminatory, retaliatory, or otherwise unlawful.