Filing a Wage and Hour Claim – Delaware

Does Delaware have state overtime laws that are different from federal law?

Delaware does not have overtime laws that are different from federal law. Additional information on federal overtime law is available at http://www.workplacefairness.org/overtime.

Does Delaware have a minimum wage that is different from federal law?

The minimum wage in Delaware is $7.75 per hour, which is higher than the federal minimum wage of $7.25 per hour. Generally, employers cannot use other costs of employment to decrease the minimum wage required. Employers, however, can use tips and gratuities to reduce the minimum wage required to $2.23. The following employees may be paid at a rate below the minimum wage:

Disabled workers
Apprentices
Student-learners

The following employees are exempt from the minimum wage requirement:

Agricultural
Domestic in or about private homes
United States Government
Executive, administrators and professionals
Fishing and fishing processing
Volunteers
Junior camp counselors employed by non-profit summer camps
Inmates

Does Delaware have meal and rest break requirements, unlike federal law?

Under Delaware laws, all employees are entitled to a thirty minutes meal break after the first two hours and before the last two hours of work if they are scheduled to work at least seven and a half hours per day. The meal period requirement does not apply to the following employees:

Professionals certified by the State Board of Education and employed by a local school board to work directly with children
Employees governed by a collective bargaining agreement or other written agreement which provides otherwise

Delaware does not have any rest break requirements that are different from federal law.

How do I file a wage/hour or labor standards claim in Delaware?

You can file a wage claim with the Delaware Department of Labor’s Office of Labor Law Enforcement.

What are my time deadlines?

If you have a wage/hour claim, do not delay in contacting the Office of Labor Law Enforcement to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file with one year from the date that the claim arose. Do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim.

How can I or my attorney pursue a claim in court in Delaware?

In Delaware a private attorney can file a private lawsuit to recover past compensation plus attorney’s fees and reasonable costs.

State Labor Agency

State of Delaware Department of Labor
Division of Industrial Affairs
Office of Labor Law Enforcement
4425 N. Market Street Wilmington, DE 19802
Ph: 302-761-8200

Mailing address:

P.O. Box 9954 Wilmington, DE 19809-9954 Suite 100, The Windsor 24 N.W. Front Street Milford, DE 19963
Ph: 302-422-1134

This material was originally prepared by attorney Joseph Jaramillo and former law clerks Keia Cole and Adam Weiss of the law firm Goldstein, Demchak Baller Borgen and Dardarian, and was updated by Professor Douglas D. Scherer, of Touro College, Jacob D. Fuchsberg Law Center. Professor Scherer also serves as the Vice President of Workplace Fairness.