Delaware Minimum Wage & Labor Laws (2026)
In 2026, the Delaware minimum wage is $15.00/hour. Overtime is 1.5× the regular rate over 40 hours a week. Below are the wage, overtime, final-paycheck and break rules, a calculator pre-set to Delaware, and how to file a wage claim if you're owed money.
- Overtime
- 1.5x the regular rate for hours over 40 in a workweek. Delaware follows the federal FLSA weekly rule.
- Tipped pay
- $2.23/hr cash. Employers may take a tip credit; cash wage plus tips must reach $15.00/hr.
- Final paycheck
- Fired: Next regular payday. Quit: Next regular payday.
- Meal & rest breaks
- Meal: 30-min unpaid meal for shifts of 7.5+ hrs. Rest: No state requirement (none mandated).
Delaware pay & overtime calculator
Pre-set to Delaware. Enter your rate and hours.
Your hours
Your pay this week
OT $30.00/hrDelaware follows the FLSA weekly rule: 1.5× the regular rate for hours over 40 in a workweek.
Delaware figures are current for 2026 and compiled from the U.S. Department of Labor and Delaware's labor department. Cities and counties may set higher local minimums, and industry rules vary, so confirm with your state labor department before relying on this for payroll or a legal decision.
Get an email when the Delaware minimum wage changes
No change is announced yet. We'll email you when one is, with the date and the source.
How to file a wage claim in Delaware
To recover unpaid wages in Delaware, file with Delaware Dept. of Labor, Office of Labor Law Enforcement. Federal law lets you claim up to 2 years of back pay (3 if the violation was willful), plus an equal amount in liquidated damages.
- Agency
- Delaware Dept. of Labor, Office of Labor Law Enforcement
- Federal window
- 2 years of back pay, or 3 if the violation was willful, plus equal liquidated damages.
- Delaware adds
- Delaware follows the federal framework; confirm any extra state penalties with the agency above.
Step by step
- 1Gather your records
Collect pay stubs, time records, schedules and any texts about hours. In Delaware, your own honest records can carry a claim if the employer's are missing.
- 2Work out what you're owed
The back-pay estimator adds up the unpaid wages and how far back you can recover them.
- 3Send a written demand
Many disputes settle after a dated letter that states the amount owed and the deadline you're giving the employer to pay.
- 4File with Delaware Dept. of Labor, Office of Labor Law Enforcement
If the employer doesn't pay, file a wage claim with the agency below. Filing is free and you don't need a lawyer.
- 5Mind the deadline
Federal claims must be filed within 2 years (3 if willful). Your state may set a shorter deadline for its own process, so don't wait.
Delaware wage claim questions
Who do I file an unpaid-wage claim with in Delaware?
Delaware Dept. of Labor, Office of Labor Law Enforcement. You can also file a federal complaint with the U.S. Department of Labor's Wage and Hour Division. You can also sue in court, often with an employment attorney.
How far back can I recover unpaid wages in Delaware?
Federal law (FLSA) allows 2 years of back pay, or 3 years for a willful violation, plus an equal amount in liquidated damages.
Can my employer retaliate for filing a wage claim in Delaware?
No. Federal and state law prohibit firing, demoting or punishing you for asserting your right to be paid. Retaliation is a separate violation you can also claim.