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Delaware

Employment Law & Compliance

medium
Overall Complexity
medium
Wage & Hour
medium
Leave Programs
medium
Hiring Rules
low
Local Law Exposure
$15
Min Wage/Hr
Not Required
Paid Sick Leave
Yes
PFML Program
Required
Pay Transparency

Delaware employment compliance sits at a moderate complexity level. Its statewide minimum wage is fixed at $15.00 per hour, and it features pay transparency obligations for mid-to-large employers alongside rolling implementation of the Healthy Delaware Families Act paid leave program. Employers benefit from broad state preemption over local labor rules, preventing a patchwork of municipal ordinances.

Wage & Hour

State Minimum Wage$15/hr
Effective Date2025-01-01
Wage IndexedNo
Next Scheduled ChangeNone scheduled
Tipped Minimum Wage$2.23/hr
Tip Credit AllowedYes
Youth/Training Wage$15/hr
Local Minimum Wage PossibleNo

Delaware's minimum wage is $15.00 per hour, following the completion of its phased multi-year increases. It will remain fixed unless federal minimum wage thresholds exceed the state rate.

Leave Programs

Paid Sick Leave RequiredNo
Sick Leave LawN/A
Employer ThresholdN/A
Accrual RateN/A
Annual Use CapN/A
Carryover RequiredN/A
PFML ProgramHealthy Delaware Families Act (Paid Family and Medical Leave)
PFML Max Weeks12 weeks

Hiring & Workplace Rules

Pay Transparency RequiredYes
Job Posting DisclosureRequired
Salary History BanYes
Salary History RestrictedYes
Ban the BoxYes
Cannabis Off-Duty ProtectionYes
Worker Classification Testright to control
Harassment Training RequiredYes

Final Paycheck Rules

Termination: Involuntarily terminated workers must be paid by the next regular payday.
Resignation: Resigning employees must receive final pay by the next regular payday.
Vacation payout depends strictly on company policy or written employment agreements.

Non-Compete Rules

Physician non-competes are heavily restricted or banned, and general non-competes face stringent reasonableness reviews.

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How Delaware Compares to Neighboring States

StateMin WagePaid Sick LeavePFMLComplexity
Delaware ★$15NoYesmedium
Maryland$15YesYeshigh
New Jersey$15.13YesYesvery high
Pennsylvania$7.25NoNomedium

Frequently Asked Questions — Delaware Employment Law

What is the minimum wage in Delaware?

The minimum wage in Delaware is $15 per hour as of 2025-01-01. Delaware's minimum wage is $15.00 per hour, following the completion of its phased multi-year increases. It will remain fixed unless federal minimum wage thresholds exceed the state rate.

Does Delaware require paid sick leave?

Delaware does not have a statewide paid sick leave law. Employers are not required by state law to provide paid sick leave, though some local jurisdictions may have their own requirements.

Does Delaware have a Paid Family and Medical Leave program?

Yes. Delaware has a Healthy Delaware Families Act (Paid Family and Medical Leave) program. Eligible employees can take up to 12 weeks of paid leave. Statutory paid leave program contributions began recently, with benefit distributions rolling out for eligible employees.

Does Delaware require pay transparency?

Yes. Delaware has pay transparency requirements for employers with 21 or more employees. Employers must include pay ranges in job postings. Employers with 21 or more employees must disclose salary ranges on job postings and provide compensation information during interviews.

When must employers pay final wages in Delaware?

Involuntarily terminated workers must be paid by the next regular payday. For resignations: Resigning employees must receive final pay by the next regular payday. Vacation payout depends strictly on company policy or written employment agreements.

Are non-compete agreements enforceable in Delaware?

In Delaware, non-compete agreements are restricted. Physician non-competes are heavily restricted or banned, and general non-competes face stringent reasonableness reviews.

Is Delaware an at-will employment state?

Delaware adheres to at-will employment principles, enabling termination at any time for any legal cause, subject to public policy and implied covenant limitations.

Official Source

Delaware Department of Labor

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More Delaware Resources

Delaware LLC Formation →Delaware Auto Insurance →Delaware Privacy Law →

Data Methodology

DataTactic researchers verify employment law data directly against official government sources — Delaware Department of Labor publications, state statutes, and agency websites. Each data point is cross-referenced against primary sources before publication. Records are reviewed and updated when laws or requirements change.

Last verified: 2026-09-18 · Statewide baseline only. Local rules may impose additional requirements. This is not legal advice.