Delaware Worker Rights
Delaware raised its minimum wage to $15 in 2025 and is starting a state paid family and medical leave program.
- Delaware
Pay
- Minimum wage: $15.00 per hour since January 2025.
- Overtime: federal rules, 1.5x over 40 hours a week.
- Prevailing wage: required on many state-funded construction projects.
Breaks and leave
- Breaks: a 30-minute meal break for shifts of 7.5 hours or more, given sometime after the first 2 hours and before the last 2 hours.
- Delaware Paid Leave: a state program paying partial wages for family and medical leave, with benefits beginning in 2026 for covered employers.
Unions and right-to-work
Delaware is not a right-to-work state, so a union contract can require covered workers to pay at least a fee for representation. Private-sector workers have the right to organize under federal law. See Your Right to Organize.
Where to file
- Unpaid wages and overtime: Delaware Department of Labor, Office of Labor Law Enforcement.
- Discrimination and harassment: Delaware Department of Labor, Office of Anti-Discrimination, or the U.S. EEOC.
- Safety: Federal OSHA covers private employers. See Federal OSHA States.
- Work injuries: report the injury to your employer right away, in writing, and follow up with Delaware’s workers’ compensation agency. See Workers’ Compensation.
Check current rules: this is a summary. Wage rates and labor laws change often, usually on January 1 or July 1, and cities and counties can add their own rules. Confirm details with the Delaware Department of Labor before acting. Federal protections apply too. See Where to Get Help.
Standards & references
Last updated: