(650) 332-8623Delaware Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)
Delaware labor laws for 2026: $15 minimum wage, PFML benefits now live, overtime rules & child labor requirements for employers.
What’s new in 2026?
Delaware meals and breaks
30 minutesFor meal breaks
Required for all employees, including field crews and laborers, scheduled to work 7.5 hours or more per day.
- Must occur after the first two hours of work and before the last two hours of the shift.
- Construction foremen should build this into daily schedules to stay compliant on long shifts.
No lawFor rest breaks
Delaware does not require paid rest breaks. Only the unpaid meal break is mandated.
- Contractors who offer voluntary 10- or 15-minute breaks should document them in crew schedules to distinguish paid time from the unpaid meal period.
Delaware leave and paid time off (PTO)
Delaware’s Paid Family and Medical Leave program is live as of January 1, 2026. Eligible workers may now file claims under the Healthy Delaware Families Act.
Benefit amounts: Up to 80% of average weekly wages, capped at $900/week (minimum $100/week).
Eligibility: At least 12 months on your crew. At least 1,250 hours worked in the prior year.
Employer size tiers:
- 25+ employees: Full coverage required. Most mid-size Delaware contractors fall here.
- 10-24 employees: Parental leave only. Small specialty subs near the threshold: misclassified 1099 workers count toward this total.
- Fewer than 10 employees: Exempt.
- Also exempt: Federal government employers and seasonal businesses that close for 30 or more consecutive days per year.
Contribution rate: 0.8% of wages for 2025-2026, capped at the Social Security taxable wage base ($184,500), broken down as: parental leave 0.32%, medical leave 0.40%, family caregiver 0.08%. Employers with 10-24 employees contribute only the parental leave portion (0.32%). Payroll deductions must begin once you hit the 10-worker threshold.
Application year (amended December 11, 2025): Now defined as a rolling 12-month period measured forward from the date an employee first uses any PFML leave, per FMLA regulations 29 CFR 825.200(b). The next 12-month period begins the next time the employee takes PFML. Employers who used a calendar year or fixed-period method must update their tracking.
PTO exhaustion prohibited (HB 128, effective August 18, 2025): Employers may not require workers to exhaust accrued PTO before accessing PFML benefits. Voluntary top-off is permitted. Employer and employee may agree in writing to use PTO to supplement PFML up to the employee’s average weekly wage. Mandatory exhaustion policies are now prohibited. HB 128 also clarifies that Delaware Paid Leave is the primary benefit source. Employers may offset their own disability insurance benefits against PFML payments.
Delaware does not mandate standalone paid sick leave for private employers.
The Healthy Delaware Families Act—live as of January 1, 2026—covers medical leave for eligible employees. Employers with 10 or more employees are subject to the act.
Delaware does not mandate paid vacation days. Most contractors offer vacation as part of their compensation package. Check your employment agreements.
Delaware has no state law requiring bereavement leave for private employers. You are not legally obligated to give a crew member paid or unpaid time off when a family member dies.
Most contractors handle this through their own written policy. If you have one, apply it consistently. Inconsistent treatment across crews can create discrimination exposure even where no statute exists.
Delaware has no state law requiring paid or unpaid holiday leave. Construction employers are not obligated to shut down or pay extra for any holiday, including federal ones.
That said, prevailing wage contracts and union CBAs often specify holiday pay requirements. If your crews work on public projects, check your contract terms. Those obligations are contractual, not statutory.
Delaware has no state law requiring employers to provide jury duty leave. Unlike many states, Delaware does not mandate that private employers hold a worker’s job or pay them while they serve.
For contractors, a journeyman or foreman called to jury duty can disrupt scheduling on active jobs. Document your internal policy in writing and apply it consistently. Federal court summons carry separate obligations. Check with counsel if a key employee gets a federal jury summons mid-project.
Delaware has no law requiring employers to provide paid or unpaid time off to vote. Workers are responsible for managing their own voting schedule outside of work hours.
Delaware polls are open 7:00 a.m. to 8:00 p.m. on Election Day. Most construction shifts can be scheduled to allow workers time to vote before or after their shift. No accommodation is legally required, but some contractors build in flexibility as a matter of policy.
Delaware has no state law requiring private employers to provide leave for victims of domestic violence or sexual assault. There is no mandated job protection or paid time off for these circumstances.
Delaware provides structured military leave for state employees. Private contractors are not legally required to offer the same. But the DDEA now protects military status as a characteristic, covering past, present, and prospective service including dependents and spouses of servicemembers.
Here are other state-specific labor laws to explore:
Delaware wages and overtime
$15.00 /hourMinimum wage
Delaware’s minimum wage is $15.00 per hour as of January 1, 2025, under Senate Bill 15. This is the final step in the SB 15 schedule. No further automatic increases are legislated.
Exemptions include agricultural workers, domestic service employees, federal government employees, commission-paid sales reps, genuine executives, professionals, and others.
$2.23 /hourTipped minimum wage
Delaware’s tipped minimum cash wage is $2.23/hr for tipped occupations where workers earn more than $30/month in tips.
The tip credit rose to $12.77/hr. Total earnings must still meet or exceed $15.00/hr.
2x monthlyPay frequency
Wages must be paid at least once a month, with all wages due within seven days after each pay period.
Employers must provide a pay statement showing wages owed, pay period, deductions, and total hours worked.
1.5x hourlyOvertime rate
Delaware follows federal FLSA. Any nonexempt worker—laborers, journeymen, operators, drivers—must receive 1.5x their regular rate for every hour over 40 in a workweek. No daily overtime requirement.
FLSA exempt salary threshold: $684/week ($35,568/year). A 2024 DOL rule that would have raised this to $1,128/week was vacated in November 2024. Contractors classifying project managers, superintendents, or estimators as exempt should verify they clear the $684/week floor.
Federal overtime tax deduction (2025-2028): The One Big Beautiful Bill Act created a federal income tax deduction for the premium portion of overtime pay, up to $12,500 (single) or $25,000 (married filing jointly). For nonexempt field workers running overtime on long projects, this is a meaningful tax benefit. Federal only — does not reduce Delaware state income tax.
Delaware’s minimum wage is $15.00/hr as of January 1, 2025. There are no city or county minimum wage laws above the state rate.
Delaware permits a reduced wage under Title 19 § 902(e) up to $0.50 below the minimum at all times:
- Training wage (workers 18+): $14.50/hr during the first 90 consecutive calendar days of employment. Full $15.00 applies after 90 days.
- Youth wage (workers under 18): $14.50/hr without time limitation.
The old flat $8.75 training/youth wage was eliminated in 2021 (HB88). The 14(c) subminimum wage program for workers with disabilities was phased out by January 31, 2024.
The following workers are exempt from Delaware’s minimum wage law:
- Agricultural workers
- Domestic service employees in private residences
- Federal government employees
- Commission-paid sales representatives operating outside the state
- Genuine executives, administrators, and professionals
- Workers in fishing and sea-based fish processing
- Volunteer personnel in educational, religious, or non-profit sectors
- Junior counselors in non-profit summer camp initiatives
- Inmates in Department of Corrections programs
Delaware still permits a youth wage ($14.50/hr for workers under 18, no time limit) and a training wage ($14.50/hr for new hires 18+ during their first 90 calendar days) under Title 19 § 902(e).
The old flat $8.75 subminimum was eliminated in 2021 (HB88). The 14(c) subminimum for workers with disabilities was phased out by January 31, 2024. Apprenticeship programs under union CBA rates are governed by applicable prevailing wage schedules.
Track overtime to the minute and save thousands with Workyard
See how it works
Delaware prevailing wages
$21.83Roofers for shingle/slate/tile
The lowest statewide prevailing wage — Roofers for Shingle/Slate/Tile in Sussex County. Total rate: $21.83/hr.
$113.66Elevator constructor
The highest statewide prevailing wage — elevator constructors in building construction in New Castle County. Total rate: $113.66/hr.
Delaware’s prevailing wage laws apply to public works projects funded by state or local government. Contractors and subcontractors on those jobs must pay crews at least these rates.
Delaware prevailing wage resources
Delaware child labor laws
14-15 years
Hour restrictions
Minors aged 14-15 cannot work before 7:00 a.m. or after 7:00 p.m., except during summer when the limit extends to 9:00 p.m.
- Limited to 4 hours on school days, 8 hours on non-school days
- Maximum 18 hours during school weeks and 40 hours when school is out
- Cannot work more than 5 consecutive hours without a 30-minute break
16-17 years
Hour restrictions
Minors aged 16-17 may work a combined total of 12 hours per day between school and work.
- Must have at least 8 consecutive hours of non-work time each day
- Cannot work more than 5 consecutive hours without a 30-minute break
< 18 years
Laws in Delaware for children under 18
The minimum employment age in Delaware is 14. All minors under 18 must obtain work permits before starting any job, including on construction sites.
- Employers must keep permits on file. Inspectors can ask for them
- A new permit is required if a minor changes employers
Here are more state-specific labor laws to look into:
Other essential Delaware labor laws
Health and safety standards in Delaware
Delaware contractors must comply with OSHA standards and maintain a safe worksite. The state operates under an OSHA-approved State Plan, meaning state inspectors from the Division of Industrial Affairs handle most compliance and enforcement, not federal OSHA.
Contractors who participate in the Delaware Workplace Safety Program can earn up to 19% discounts on workers’ compensation insurance premiums by maintaining a safe work environment. On a large crew with a high comp bill, that is real money worth pursuing.
In Delaware, employers must…
- Provide a safe and healthy work environment.
- Comply with state and federal OSHA standards.
- Maintain effective health and safety programs, provide crew training, and identify and eliminate potential hazards.
In Delaware, employees should…
- Follow safety protocols and use PPE provided by their employer.
- Report unsafe working conditions or potential hazards to their employer or the appropriate authorities.
- Participate in safety training programs.
Report health and safety violations in Delaware to…
Hiring and/or firing employees in Delaware
For Delaware contractors, hiring compliance starts before the first day on the job. Background check requirements, drug testing rules, and EEO obligations apply from the moment you make a conditional offer. And mishandling them on a construction hire can expose you to liability just as quickly as a wage violation.
Delaware is an at-will state, so you can let a worker go for any non-discriminatory, non-retaliatory reason. But be careful about terminations that could be read as retaliation, particularly after a worker files a safety complaint or asks about wage records.
Delaware’s at-will employment allows termination for any non-discriminatory reason. Field workers can resign without notice.
Delaware is not a right-to-work state. Workers under collective bargaining agreements may be required to pay union dues.
Delaware requires criminal background checks and mandatory drug testing for applicants in nursing homes or home health agencies. Drug testing requirements for construction vary based on employer policies and contract requirements.
Delaware prohibits discrimination in all employment aspects and requires reasonable accommodations for individuals with disabilities under the Handicapped Persons Employment Protection Act.
Avoid noncompliance penalties and save thousands with workyard
See how it works
Anti-discrimination laws in Delaware
Delaware’s Discrimination in Employment Act (DDEA) applies to any contractor with 4 or more employees, lower than the federal 15-employee threshold. That means small electrical, plumbing, and roofing subs are covered even if they fall below the federal bar. The DDEA covers hiring, pay, promotion, and termination decisions across your entire crew.
Employers in Delaware may not discriminate against job applicants based on…
- Race
- Color
- Religion
- Sex
- Sexual orientation (including pansexual and asexual identities, per HB275 2024)
- Gender identity
- National origin
- Disability
- Age
- Marital status
- Genetic information
- Reproductive health decisions
- Family responsibilities
- Victim of domestic violence, sexual offense, or stalking
- Military status – including past, present, and prospective service, covering dependents and spouses of servicemembers (added September 2025)
- Housing status – including individuals experiencing homelessness or housing instability (added October 2024)
HB36 (signed August 20, 2025): Governor John Carney signed House Bill 36 on August 20, 2025. HB36 unifies protected class language across all Delaware anti-discrimination statutes — employment, housing, education, and public accommodation. It adds a catch-all clause so future protected class additions automatically apply across all statutes.
The Handicapped Persons Employment Protection Act (HPEPA) separately prohibits disability discrimination and requires reasonable accommodations for qualified individuals with disabilities.
Employee resignation or termination in Delaware
Delaware is an at-will state. You can let a worker go for any non-discriminatory, non-retaliatory reason, and field workers can walk off a job site without notice. Neither side is legally required to give advance warning.
Delaware does not mandate severance pay or notice periods. If employment contracts with your project managers or superintendents include severance provisions, those terms are enforceable. But nothing in state law requires them. Document your reasons for termination, especially if a worker recently filed a safety complaint, requested leave, or raised a wage dispute.
Unemployment benefits in Delaware
Laid-off or terminated crew members may file for unemployment if they were let go through no fault of their own. Construction workers facing seasonal layoffs, project end-dates, or reductions in force typically qualify. Workers who quit voluntarily or were fired for cause generally do not.
Eligibility is based on wages earned in the last four of five completed calendar quarters. As the employer, you fund the system through UI taxes. Contested claims can raise your rate. Delaware Unemployment Insurance.
COBRA benefits in Delaware
When a crew member leaves, whether laid off at project end, terminated, or resigned, they may have the right to continue health coverage. Here is what triggers your obligation as a contractor:
- Federal COBRA (20+ employees): Workers may continue employer-sponsored health coverage for up to 18 months after separation.
- Delaware mini-COBRA (1-19 employees): Applies to smaller contractors. Separated workers may extend coverage for up to 9 months.
- Your 30-day notice obligation: You must notify the departing worker and your plan administrator within 30 days of the qualifying event. Build it into your offboarding checklist.
Final paychecks in Delaware
When a worker leaves, whether you let them go mid-project or they walk off the job, pay the final check on your next regular payday. There is no same-day or 72-hour requirement, but do not hold it past that date.
- Pay all wages within seven days of the close of the pay period.
- Include a pay statement showing hours worked, wages owed, and itemized deductions — on construction jobs with overtime, prevailing wage rates, or multiple pay codes, make sure the final stub is accurate.
- Do not hold a final check pending return of tools or equipment. Withholding earned wages is a violation regardless.
DE recordkeeping requirements
Delaware sets minimum retention periods for every employment and payroll record type — a DOL audit can demand records going back years. Here is exactly how long you must keep each.
1 year
Employers must retain these documents for at least one year:
- Employment records (including all records for at least 1 year from the employee’s date of termination).
2 years
Employers must retain these documents for at least two years:
- Basic employment and earnings records (time cards, wage rate tables, etc.).
- Documentation showing why employees of different genders may receive different wages.
3 years
Employers must retain these documents for at least three years:
- Payroll records (name, address, occupation, rate of pay, amount paid, hours worked).
- Certificates, agreements, notices, and collective bargaining agreements.
- Completed copies of each employee’s I-9 form.
5 years
Employers must retain these documents for at least five years:
- Records of job-related injuries and illnesses (under OSHA)
6+ years
Employers must retain these documents for six years or more:
- Employee benefits data and records of exposure to toxic substances (30 years)
Penalties for labor law noncompliance in Delaware
$1,000 – $5,000Wage violations
Fines for failing to pay wages on time or in full
$500 – $10,000Pay Transparency (HB 105, effective 2027)
Civil penalties per violation for failing to include pay ranges in job postings once the law takes effect September 26, 2027
$250/worker/yrEARNS non-compliance
Up to $5,000 annually for failing to offer a qualified retirement plan or enroll workers in EARNS
FinesIncomplete service letters / social media disclosure
Penalties for violating employee privacy protections or failing to provide required service letters in healthcare and childcare
In Delaware, labor law violations are investigated and addressed by…
The Delaware Department of Labor (DOL). A single worker complaint can trigger a full wage audit — auditors can review years of payroll records and assess back wages, interest, and penalties across your entire crew. Keep your records clean and your time tracking accurate.
Further details on other Delaware labor laws
PFML – What Delaware contractors need to know in 2026
Delaware’s PFML program is active. Benefits are available now. For contractors running crews across multiple job sites, this means three things:
- 25+ workers: Full PFML contributions required — parental, medical, family caregiver, and military exigency. Rate is 0.8% of covered wages.
- 10-24 workers: Parental leave contributions only (0.32%). May voluntarily elect broader coverage.
- Review your leave policies now: HB 128, effective August 18, 2025, prohibits mandatory PTO-first language. You cannot require workers to exhaust accrued PTO before they access PFML. HB 128 also clarifies Delaware Paid Leave is the primary benefit source. You may offset your own disability insurance against PFML payments. If your handbook says otherwise, update it.
Delaware WARN Act and EARNS Retirement Mandate
Delaware EARNS (active since July 2024): Employers with 5 or more employees in business at least 6 months must offer a qualified retirement plan (401(k), SEP IRA, SIMPLE IRA) or enroll workers in the state EARNS Roth IRA program. Default 3–6% auto-enrollment; workers may opt out. Non-compliance: $250 per eligible worker per year, up to $5,000 annually.
Pay Transparency Law (HB 105) – Signed 2025, Effective September 2027
Governor Matt Meyer signed HB 105 on September 26, 2025. Starting September 26, 2027, employers with more than 25 workers must include pay ranges and a general benefits description in all job postings for Delaware-based or remote roles. Violations carry civil penalties of $500-$10,000 per incident. No immediate action required. But contractors planning workforce expansion should factor this into HR policies now.
Workyard’s analysis of 280 contractor discovery calls found that nearly 1 in 3 construction businesses identify labor compliance, including overtime rules, union pay codes, and state wage laws, as a primary operational risk. Workyard is workforce management software especially built for construction businesses.
It automates time tracking, flags overtime before it becomes a liability, and keeps payroll records audit-ready. Built for general contractors and specialty trades, with scheduling and integrations your operations manager will actually use.
Delaware’s minimum wage is $15.00 per hour as of January 1, 2025. This is the final step in the SB 15 schedule. No further automatic increases are currently legislated.
For contractors, this applies to every hourly worker on your payroll, laborers, apprentices, and helpers included. The tipped minimum cash wage remains $2.23/hr, and youth subminimum wages have been eliminated. Minors under 18 earn the full $15.00 rate.
Delaware’s PFML program is live as of January 1, 2026. Workers who have been on your crew for at least 12 months and logged at least 1,250 hours in the prior year are eligible to file claims.
Benefits replace up to 80% of average weekly wages, capped at $900/week. Parental leave covers up to 12 weeks per application year. Medical and family caregiver leave covers up to 6 weeks in any 24-month period. Your obligation depends on headcount: 25+ workers owe full coverage contributions; 10-24 workers owe parental leave only; under 10 workers are exempt.
PFML benefits went live January 1, 2026. Payroll contributions started January 1, 2025. So, if you have 10 or more workers, you have already been contributing.
Workers file claims directly through the Delaware Department of Labor at labor.delaware.gov/delaware-paid-leave. Claims are paid from the state insurance fund, not by you directly. Your job is to ensure contributions are being withheld and remitted correctly.
No. A November 2025 amendment bars you from requiring workers to exhaust accrued PTO before accessing PFML benefits.
If your employee handbook or crew leave policy includes mandatory PTO-first language — common in construction companies that added PTO policies in recent years — that provision is now prohibited. Workers may voluntarily use PTO to top off their PFML payment, but you cannot force it.
Any worker, including field crews, scheduled for 7.5 hours or more, is entitled to a 30-minute unpaid meal break. It must fall after the first two hours and before the last two hours of the shift. On a standard 8-hour construction day, that means no later than the 6-hour mark.
Delaware has no paid rest break requirement. If you offer voluntary breaks as a matter of practice, document them separately from the unpaid meal period to keep your time records clean.
Delaware follows federal FLSA. Any nonexempt worker — laborers, journeymen, operators, drivers — must be paid 1.5x their regular rate for every hour over 40 in a workweek. No daily overtime requirement.
The federal exempt salary threshold is $684/week ($35,568/year). Contractors classifying superintendents, project managers, or estimators as exempt should verify that they clear that floor. A 2024 DOL rule that would have raised it to $1,128/week was vacated in November 2024 and has not been reinstated as of April 2026.
Minors under 16 cannot work on a Delaware job site before 7:00 a.m. or after 7:00 p.m. during the school year (extended to 9:00 p.m. in summer). They are capped at 4 hours on school days, 8 hours on non-school days, and 18 hours during school weeks. They cannot work more than 5 consecutive hours without a 30-minute break.
All minors under 18 need a work permit before starting. The minimum employment age in Delaware is 14. Keep permits on file. Inspectors can ask for them.
The DDEA covers: race, color, religion, sex, sexual orientation (including pansexual and asexual), gender identity, national origin, disability, age, marital status, genetic information, reproductive health decisions, family responsibilities, victim status, military status (added September 2025 — includes dependents and spouses of servicemembers), and housing status (added October 2024).
Critically for small contractors: the DDEA applies to employers with 4 or more employees, well below the federal 15-employee threshold. A 5-person electrical sub is fully covered.
Pay the final check on your next regular payday. There is no same-day or next-day requirement in Delaware. Do not hold it past that date, even if the worker left mid-project or owes you for materials.
The check must include total hours worked, wages owed at the correct rate, and itemized deductions. On construction jobs with overtime, prevailing wage rates, or multiple pay codes, make sure the final stub is accurate. Holding wages for tools not returned or damage claims is not valid.
Wage payment failures carry fines of $1,000 to $5,000. The bigger risk for contractors is a DOL audit triggered by a single worker complaint. Auditors can review years of payroll records and assess back wages, interest, and penalties across your entire crew.
The EARNS retirement mandate carries a $250 per eligible worker per year penalty (up to $5,000/year). The pay transparency law (HB 105, effective September 2027) carries civil penalties of $500 to $10,000 per job posting violation. Violations are investigated by the Delaware Department of Labor.
