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Delaware Labor Laws Guide Delaware Labor Laws FAQDelaware minimum wage$10.50Delaware overtime1.5 times the regular wage for any time worked over 40 hours/week ($15.75 for minimum wage workers)Delaware breaks30 minute meal breaks for every 7.5 hours worked a day

Final Payments If an employee quits, resigns, is discharged, suspended, or laid off, Delaware employers must pay wages on the later of either; (1) what would have been the employee's next regular payday, or (2) three business days after the last day worked. Del. Code tit. 19, § 1103.

Minimum wage and overtime pay are required by federal and state law, and state and local laws have other mandatory requirements, such as mandatory breaks, payment of accrued benefits and final pay. Additionally, many employers are required to give job-protected family leave and paid sick leave.

The Fair Labor Standards Act (FLSA) requires that most covered employees receive overtime pay at time and one-half their regular rate of pay for all hours worked in excess of 40 per week. However, employees working in executive, administrative and professional positions are exempt from these overtime pay requirements.

General Provisions: All employees must receive a meal break of at least 30 consecutive minutes if the employee is scheduled to work 7.5 or more hours per day. Meal breaks must be given sometime after the first two (2) hours of work and before the last (2) hours of work.

Termination laws in Delaware Delaware is a state following employment-at-will. This means that employees with no written contract can be terminated for any reason at any moment. The only caveat is that the termination cannot be considered legal if it's due to discrimination or retaliation against an employee.