Delaware employment laws provide a structured compliance framework with several distinct state-level requirements. From pay transparency and anti-discrimination training to final pay and paid leave mandates, the state outlines clear expectations that go beyond federal standards in several workplace management subjects.
When it comes to talent and workforce management, Delaware-based employers need to comply with the following state employment laws:
The below information was last updated July 21, 2025. It is not intended as legal advice. Also, unless otherwise noted below, the following laws predominantly apply to the private sector.
A subset of employment law, labor law focuses on the relationships between employers, employees, and labor unions, particularly in the context of collective bargaining and workplace rights.
Central to US labor law is the National Labor Relations Act (NLRA), which protects employees’ rights to organize, join unions, and negotiate working conditions while restricting unfair labor practices. Still, states can enact additional laws, such as Right-to-Work statutes, that influence union membership and dues requirements.
Right-to-work states prohibit employers from requiring union membership or dues as a condition of employment (a.k.a. union security agreements).
Delaware currently has no right-to-work laws or regulations. Although, under section 14(b) of the National Labor Relations Act (NLRA), Delaware can pass a right-to-work law in the future if it chooses.
Employment law governs the individual rights of employees and their professional relationship with their employers, such as working hours, fair wages, anti-discrimination protections, and workplace safety.
| Delaware Minimum Wage | The state of Delaware uses its own minimum wage rate of $15.00 per hour, including a tipped minimum wage rate of $2.23 per hour for employees who earn tips with their base pay. |
|
Delaware Overtime Pay Laws |
Delaware currently has no overtime pay laws or regulations. However, Delaware-based employers must still comply with the Fair Labor Standards Act's (FLSA) requirement that nonexempt employees receive 1.5 times their normal rate of pay when working over 40 hours a week. |
Delaware Pay Equity Law |
Under Delaware Code Ann. Title 19, §1107A, no employee may be paid a wage at a rate less than the rate at which an employee of the opposite sex in the same establishment is paid for equal work on a job the performance of which requires equal skill, effort and responsibility, and which is performed under similar working conditions, except where payment is made pursuant to a differential based on:
|
|
Delaware Pay Transparency Law |
In March 2025, Delaware passed the Pay Range Transparency Act and became one of 15 states (plus Washington D.C.) to have pay transparency laws. The Act requires employers with over 25 employees to include salary or hourly pay ranges (plus benefits descriptions) in all job postings. |
|
Delaware Final Paycheck Law |
In Delaware, employees who voluntarily resign from a job or are involuntarily terminated must receive their final paycheck by the next regular payday. |
|
Delaware PTO Payout Laws |
Delaware doesn’t have specific PTO payout requirements, as it bases such decisions on an employer's policy. It also has no regulations regarding the use of "use-it-or-lose-it" policies. |
| Delaware Paid Sick Leave (PSL) | Delaware currently has no paid sick leave laws or regulations. |
|
Delaware Paid Family and Medical Leave (PFML) |
Delaware is one of over a dozen states with an approved PFML program. Beginning January 1, 2026, employers with 10 or more employees must provide 6-12 weeks of paid leave, depending on the reason for use. Acceptable uses include caring for a new child, addressing personal serious health conditions or injuries, and caring for a family member with a serious health condition. The program will be funded by a 0.80% payroll tax that can be split up to 50% between employers and employees. |
| Delaware Maternity Leave | Delaware doesn't have a maternity leave law, as this type of leave is an employer-provided benefit. Employees typically rely on a separate type of employer-provided leave, the federal Family and Medical Leave Act (FMLA), or a state-mandated PFML program to obtain maternity leave. |
|
Delaware Voting Leave Law |
Delaware currently has no voting leave laws or regulations. |
All states must comply with federal health and safety standards overseen by the Occupational Safety and Health Administration (OSHA).
While some states adopt additional health and safety regulations, Delaware is an "OSHA plan" state, meaning it defers to OSHA's requirements when addressing health and safety matters, such as having an emergency action plan or providing medical and first aid supplies.
Under Delaware's meal break law, employers must provide all employees with a meal break of at least 30 consecutive minutes if the employee is scheduled to work 7.5 hours or more per day. Meal breaks must be given sometime after the first two hours of work and before the last two hours of work.
As described by the Delaware Discrimination in Employment Act, and enforced by the Department of Labor, employers in Delaware are prohibited from discriminating against employees based on:
|
|
Delaware also requires employers to comply with specific anti-harassment mandates, also outlined in the state’s Discrimination in Employment Act. Employers must, for example, quickly respond to complaints of unwelcome conduct that creates a hostile work environment.
Finally, the state also requires employers with 50 or more employees to administer and have said employees complete training courses on sexual harassment.
| Delaware Non-Compete Agreement Laws | Delaware is one of several states that limits the use of non-compete agreements. Specifically, a covenant not to compete is enforceable if it’s reasonably limited in time and geographic scope and is reasonably necessary to protect the former employer's legitimate business interests. Delaware also limits the enforcement of covenants not to compete against physicians. |
|
Delaware Retirement Plan Laws |
Delaware is one of a handful of states with a mandatory retirement plan law. Under this law, employers with five or more employees must provide their workers with access to retirement savings accounts. Employees are auto-enrolled in an IRA but can adjust their contributions or opt-out of the program at any time. |
| Delaware Lactation Laws | According to Delaware Code Ann. Title 19, §710-11 employers must provide reasonable break time and a private, non-bathroom space shielded from view for breastfeeding employees to pump for up to one year postpartum. |
| Delaware Layoff Laws | As regulated by the state’s Delaware Department of Labor's Division of Employment and Training, the Delaware Worker Adjustment and Retraining Notification (WARN) Act requires employers to provide notice of a mass layoff trigger that differs from the federal WARN Act. |
This information is provided as a courtesy and may be updated at any time. It is not intended as legal guidance. If you have questions or concerns, we encourage you to seek the advice of a qualified employment or labor attorney or advisor.
Between constantly changing employment laws and updates to the Affordable Care Act (ACA), keeping your workplace compliant can be a time-consuming and costly challenge. Eliminate the stress and stay up to date with our Compliance Dashboard. View compliance alerts and get a bird’s eye view of what you need to do to avoid fines and penalties.
