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. |
| Overtime | 1.5 times the regular rate after 40 hours in a workweek, consistent with federal FLSA. No daily overtime rule. |
| Paid sick leave | No statewide mandate. |
| Paid family and medical leave | Yes. 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 breaks | 30-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 breaks | No state requirement beyond federal; breaks under 20 minutes must be paid. |
| Right-to-work law | No |
| At-will employment | Public policy and good faith covenant exceptions recognized; implied contract generally not recognized. Confirm with your state labor department. |
| Final paycheck | Due 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
- Pennsylvania$7.25 minimum wage, paid sick leave no, right-to-work no.
- New Jersey$15.92 minimum wage, paid sick leave yes, right-to-work no.
- Maryland$15.00 minimum wage, paid sick leave yes, right-to-work no.
Compare all 50 states and DC side by side
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.