Delaware employment rules for employers

Delaware minimum wage is $15.00 per hour (effective January 1, 2025); if the federal rate is higher, the federal rate applies. (Delaware minimum wage (U.S. DOL WHD State Minimum Wage Laws table))

“Delaware Basic Minimum Rate (per hour): $15.00”

“(5) Not less than $15.00 per hour effective January 1, 2025.”

dol.gov · delcode.delaware.gov

Employers must pay all wages on regular paydays designated in advance, at least once during each calendar month. (U.S. DOL WHD State Payday Requirements)

“Delaware X District of Columbia X”

“Every employer shall pay all wages due to the employer’s employees on regular paydays designated in advance by the employer, which shall be at least once during each calendar month”

dol.gov · delcode.delaware.gov

Employees who work 7½ consecutive hours or more must get an unpaid meal break of at least 30 consecutive minutes (½ hour), given after the first 2 hours and before the last 2 hours of work. (19 Del. C. § 707 (U.S. DOL WHD meal period table))

“Delaware ½ hour, at some time, after first 2 hours and before the last 2 hours, for employees who work 7½ consecutive hours or more.”

“An employer must allow an employee an unpaid meal break of at least 30 consecutive minutes, if the employee works 71/2 or more consecutive hours. The meal break must be given some time after the first 2 hours of work and before the last 2 hours.”

dol.gov · delcode.delaware.gov

Whether the employee quits, resigns, is discharged, suspended or laid off, wages are due on the later of the next regular payday for the period through the last day worked, or three business days after the last day worked. Payment goes through the usual pay channels, or by mail if the employee asks. (19 Del. C. § 1103(a)(1))

“a. The next date the wages would be paid through the last day worked under the employer’s regular pay cycle as if the employment had not stopped. b. Three business days after the last day worked.”

“a. The next date the wages would be paid through the last day worked under the employer’s regular pay cycle as if the employment had not stopped. b. Three business days after the last day worked.”

delcode.delaware.gov · legis.delaware.gov

Whether the employee quits, resigns, is discharged, suspended or laid off, wages are due on the later of the next regular payday for the period through the last day worked, or three business days after the last day worked. Payment goes through the usual pay channels, or by mail if the employee asks. (19 Del. C. § 1103(a)(1))

“a. The next date the wages would be paid through the last day worked under the employer’s regular pay cycle as if the employment had not stopped. b. Three business days after the last day worked.”

“a. The next date the wages would be paid through the last day worked under the employer’s regular pay cycle as if the employment had not stopped. b. Three business days after the last day worked.”

delcode.delaware.gov · legis.delaware.gov

Delaware treats vacation pay as a 'benefit or wage supplement', not as wages. An employer that is party to an agreement to provide vacation pay must pay it under that agreement (see notes for the deadline). A vacation pay claim to the Department of Labor must include a copy of the employer's policy. (19 Del. C. § 1109)

“(b) As used herein, “benefits or wage supplements” means compensation for employment other than wages, including, but not limited to, reimbursement for expenses, health, welfare or retirement benefits, and vacation, separation or holiday pay”

“If you are claiming vacation pay or holiday pay, attach a copy of the employer’s policy and describe the benefit you are seeking compensation.”

delcode.delaware.gov · industrialaffairs.delaware.gov

Delaware recognizes a claim when an at-will employee's termination violates public policy, but it is handled as one of the four exclusive categories of the implied covenant of good faith and fair dealing (E.I. duPont de Nemours & Co. v. Pressman), and applies only where no other remedial scheme exists. (Pratt v. M&T Bank Corp., No. 14-cv-1126 (D. Del.), citing Bailey v. City of Wilmington, 766 A.2d 477 (Del. 2001) and E.I. duPont de Nemours & Co. v. Pressman, 679 A.2d 436 (Del. 1996))

“First, Delaware recognizes a cause of action when an employee's termination violates public policy.”

“The four categories are: (1) where the termination violates public policy and no other remedial scheme exists;”

ded.uscourts.gov · ded.uscourts.gov

Delaware courts hold that an employee handbook that is a unilateral statement of company policies does not create an employment contract; a contract limiting at-will termination must expressly create a definite term or otherwise expressly bar at-will termination. (U.S. District Court, D. Del., No. 00-803 (Brooks v. Nationwide), citing Heideck v. Kent General Hospital, Inc., 446 A.2d 1095 (Del. 1982))

“Further, Delaware law is well-settled that an employee handbook containing a unilateral expression of company policies, does not create an employment contract.”

“name]’s employment agreement with [defendant’s name] expressly created a definite period of employment or otherwise expressly created a contract that could not be terminated “at-will”.”

ded.uscourts.gov · courts.delaware.gov

Delaware reads an implied covenant of good faith and fair dealing into at-will employment, but strictly limits it to four exclusive categories: public policy violations, employer misrepresentations relied on by the employee, using superior bargaining power to deprive the employee of earned compensation, and falsified or manipulated records used to create fictitious grounds for termination (Pressman). (U.S. District Court, D. Del., No. 00-803 (Brooks v. Nationwide), citing Lord v. Souder, 748 A.2d 393 (Del. 2000) and E.I. duPont de Nemours & Co. v. Pressman, 679 A.2d 436 (Del. 1996))

“The Delaware Supreme Court has strictly limited the application of the implied covenant in the employment context, holding that a plaintiff must establish that he or she falls into one of four exclusive categories.”

“An exception to the at-will presumption has been carved out when there is a breach of the covenant of good faith and fair dealing, but for this exception to apply, a plaintiff must establish that he or she falls into one of four exclusive categories.”

ded.uscourts.gov · ded.uscourts.gov

Delaware employers must give each individual, at the time the individual becomes unemployed, a printed statement on how to claim unemployment benefits; the Division of Unemployment Insurance provides the form "Employer Notification to Employees of the Availability of Unemployment Compensation" for this purpose. (19 Del. C. § 3317(a))

“Each employer shall post and maintain printed statements of such regulations in places readily accessible to individuals in the employer’s service and shall make available to each such individual at the time the individual becomes unemployed a printed statement of such regulations.”

“Employer Notification to Employees of the Availability of Unemployment Compensation Title 19, Section 3317(a) and Division of Unemployment Insurance Regulation 5.2 require employers to notify their employees at the time of separation from employment that UI benefits are available to workers and how they may apply for UI benefits.”

delcode.delaware.gov · laborfiles.delaware.gov