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Labor rights by state

Labor Rights in Delaware

Delaware reached a $15.00 minimum wage in 2025 and launched its Healthy Delaware Families Act paid leave program in January 2026, one of the newest state PFML programs, paying 80% of wages up to $900 per week. It has a 30-minute meal break rule for longer shifts but no statewide paid sick leave. Final paychecks are due by the later of the next payday or 3 business days after separation.

Data last verified 2026-10-12

Workplace rights in Delaware at a glance

Minimum wage (2026)$15.00 per hour. Reached in 2025 after a four-step climb; no scheduled increase or indexing.
Tipped minimum wage (2026)$2.23 per hour cash wage. Maximum tip credit is $12.77; if tips plus cash wage do not reach $15.00 per hour, the employer must make up the difference.
Overtime1.5 times the regular rate after 40 hours in a workweek, consistent with federal FLSA. No daily overtime rule.
Paid sick leaveNo statewide mandate.
Paid family and medical leaveYes. Delaware Paid Leave under the Healthy Delaware Families Act began paying benefits January 1, 2026. Up to 12 weeks of paid parental leave per year and up to 6 weeks of paid medical, family caregiving, or military exigency leave every 24 months. Benefits replace 80% of wages up to $900 per week. Funded by a 0.8% contribution split evenly between employer and employee.
Meal breaks30-minute unpaid meal break for shifts of 7.5 hours or more, to be taken after the first 2 hours and before the last 2 hours of the shift. Minors must receive a 30-minute break after 5 hours.
Rest breaksNo state requirement beyond federal; breaks under 20 minutes must be paid.
Right-to-work lawNo
At-will employmentPublic policy and good faith covenant exceptions recognized; implied contract generally not recognized. Confirm with your state labor department.
Final paycheckDue by the later of the next scheduled payday or 3 business days after separation.

How Delaware compares to federal law

Delaware sets a minimum wage above the federal floor of $7.25 an hour, so the state rate is what most employers must pay. Overtime follows the federal Fair Labor Standards Act: time-and-a-half after 40 hours in a workweek.

Neighboring states

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Workplace laws change. This summary reflects state law as verified on 2026-10-12; confirm details with your state labor department before acting on it.

Frequently asked questions

What is the minimum wage in Delaware in 2026?

$15.00 per hour, with no indexing for future increases.

Does Delaware have paid family leave?

Yes. The Healthy Delaware Families Act began paying benefits January 1, 2026: up to 12 weeks of paid parental leave per year and 6 weeks of medical or family leave every 24 months, at 80% of wages up to $900 per week.

Is Delaware a right-to-work state?

No. Delaware is not a right-to-work state.

When must my final paycheck be paid in Delaware?

By the later of the next scheduled payday or 3 business days after your employment ends.