DEDelaware pay rules
Minimum wage $15.00. Overtime after 40 hours in a week. If you are fired, your last check is due by the next regular payday or 3 days after the last day, whichever is later.
Delaware minimum wage$15.00 now
Delaware overtime lawsWeekly overtime after 40 hours
Delaware final paycheck lawFired: next regular payday or 3 days after the last day, whichever is later
Delaware PTO payout lawDepends on written policy
| Rule | Delaware | Source |
|---|---|---|
| Minimum wage | $15.00 an hour since January 1, 2025. No change planned. Statewide. No scheduled change. | read the rulechecked October 29, 2026 |
| Cash pay if you get tips | At least $2.23 an hour. Tips may make up the rest, up to $12.77. | read the rulechecked October 29, 2026 |
| Overtime | Federal rule only: 1.5x after 40 hours in a work week. Delaware has no state overtime law. | Federal wage law, 29 U.S.C. 207checked October 29, 2026 |
| Last check if fired | Next regular payday or 3 days after the last day, whichever is later | 19 Del. C. 1103, 1113checked October 29, 2026 |
| Last check if you quit | Next regular payday or 3 days after the last day, whichever is later | 19 Del. C. 1103, 1113checked October 29, 2026 |
| If the last check is late | An extra penalty payment of 10% of unpaid wages per day, up to the amount owed. | 19 Del. C. 1103, 1113checked October 29, 2026 |
| Unused vacation when you leave | Depends on your employer's written policy. The employer's written policy or contract governs payout of unused vacation. | 19 Del. C. 1109checked October 29, 2026 |
| Meal break | 30-minute meal period for 7.5 or more consecutive hours, after the first 2 hours and before the last 2. | read the rulechecked October 29, 2026 |
| Rest break | No state rest period requirement. | read the rulechecked October 29, 2026 |
These rules cover the whole state. Cities and industries with their own rules are noted in the table. Checked October 29, 2026. Next check: January 1, 2027.