Wage and Hour Laws in Delaware
Delaware rules on employee overtime, wage and hour law, and fair pay.
Need Professional Help? Talk to a Lawyer.
What is the minimum wage in Delaware?
The minimum wage in Delaware is $7.75 per hour. On June 1, 2015, the minimum wage will increase to $8.25 per hour.
Is the minimum wage different in Delaware for tipped employees?
The FLSA allows employers to pay a lower hourly minimum wage, as long as that wage plus the tips the employee earns adds up to at least the full minimum wage for each hour worked. If not, the employer has to make up the difference. In Delaware, employers can pay tipped employees an hourly wage of $2.23, as long as the employee’s tips bring the total hourly wage up to the state minimum wage.
(For more information, see Nolo’s article Tips, Tip Pooling, and Tip Credits.)
When am I entitled to earn overtime?
Delaware has no overtime laws, although you may be eligible for overtime pay under the federal Fair Labor Standards Act. To learn more, see Nolo’s article Overtime Pay: Your Rights as an Employee and contact the Department of Labor.
Am I entitled to a lunch or rest break?
Yes. Employees in Delaware are entitled to a meal break of 30 minutes, unpaid, after the first two hours and before the last two hours, for employees who work seven and a half consecutive hours or more.
To learn more about wage and hour laws in Delaware, contact the Department of Labor.
What are wage and hour laws?
Wage and hour laws set the basic standards for pay and time worked -- covering issues like minimum wage, tips, overtime, meal and rest breaks, what counts as time worked, when you must be paid, things your employer must pay for, and so on.
Where do wage and hour laws come from?
The federal wage and hour law is called the Fair Labor Standards Act (FLSA). Most states also have their own wage and hour laws, and some local governments (like cities and counties) do, too. An employer who is subject to more than one law must follow the law that is most generous to the employee. For example, the federal minimum wage is currently $7.25 per hour, but employers in states that have set a higher minimum wage must pay the higher amount.
Finding an employment law attorney
To locate an employment law attorney in your area, visit Nolo's Lawyer Directory, where you can view information about each lawyer's experience, education, fees, and, perhaps most importantly, the lawyer's general philosophy of practicing law. By using Nolo's directory you can narrow down candidates before calling them for a phone or face-to-face interview.
Last updated on 01/01/2012.