Employment and labor laws in Delaware [Updated 2024]

To protect employees from discrimination and unsafe working conditions—and to safeguard employers from the wrongful actions of an employee—you need employment and labor laws. They provide the structure and guidance workplaces require to keep running smoothly. In the US, there are both federal laws and individual state regulations, the latter of which are constantly changing.

Delaware has long been known as a business-friendly state, and its employment laws are simple and straightforward. If you’re hiring in the First State, it’s important to follow Delaware’s unique laws to avoid penalties and fines.

You don’t have to worry about complying with Delaware’s employment laws. Take out the guesswork and scale your business faster by letting Rippling’s Professional Employer Organization service handle your tax registration and management. 

Employment vs. labor law: What’s the difference?

You’ve likely used the terms “employment law” and “labor law” interchangeably without giving it much thought. You may be interested to learn, however, that these are actually two legally distinct terms. What’s the difference? Well, employment law covers matters that concern the relationship between an employer and an individual. Labor law, on the other hand, is a subset of employment law that refers to matters between an employer and a labor union.

Here’s a closer look at what labor and employment laws encompass:

• Employment law refers to working hours, wages, overtime, workplace discrimination, hiring practices, retaliation, and similar topics.
• Labor law includes union membership, union dues, and collective bargaining agreements.

Wages and hours in Delaware

Delaware employers need to be aware of the changing minimum wage laws in the First State. And when it comes to overtime, it’s important for employers to be familiar with the FLSA: It’s the federal guidance Delaware follows in determining overtime laws and pay. 

Minimum wage in Delaware

The Delaware minimum wage has been rising since 2022 and is higher than the federal minimum wage. According to the Delaware Department of Labor, the current minimum wage is $13.25 (effective January 1, 2024). One more increase is set for January 1, 2025, when the minimum wage will go up to $15.00 per hour. 

When setting hourly wages for employees, you don’t want to worry about minimum wage violations just because your workers are in different states. Rippling takes out the guesswork and automatically flags minimum wage violations based on the state regulations where employees are located. This is especially handy in Delaware, where the minimum wage rate is changing over the next few years.

Overtime pay in Delaware

The state of Delaware adheres to the Fair Labor Standards Act (FLSA) when it comes to overtime pay. The FLSA’s overtime rules state that any hours worked over 40 are considered overtime and that employees are entitled to 1.5x their regular rate of pay for each additional hour worked.

It’s crucial for Delaware employers to adhere to overtime pay laws. Rippling’s payroll software automatically applies the correct pay rates when an employee’s hours trigger overtime pay requirements.

Breaks and rest periods in Delaware

Delaware labor laws require employers to give employees who work seven-and-a-half hours or more at least 30 consecutive minutes of unpaid rest or meal break time. Minors who are under 18 years of age must be given 30 minutes of break time—also unpaid—for each five consecutive hours they work, according to the state’s child labor laws. 

Leaves of absence in Delaware

Navigating a serious medical condition, caring for a loved one, or recovering from an illness: All of these are situations when an employee might need to take extended time off from work. And when these kinds of situations happen, the last thing they need to be worrying about is whether their job will be there when they return. The federal government enacted job-protected leave, called the Family and Medical Leave Act (FMLA), with these situations in mind. Under the FMLA, eligible Delaware employees working for covered employers can take up to 12 weeks of unpaid, job-protected leave in a 12-month period.

To be eligible for FMLA leave, an employee must:

• Have worked at the company for more than 12 months
• Have worked for 1,250 minimum hours in the 12-month period before their leave date
• Work for a covered employer who has 50 or more employees in a 75-mile radius

Currently, the only leave Delaware has in place is the FMLA; there’s no state-level legislation. However, that will soon change: The Delaware Department of Labor enacted Delaware Paid Leave as part of the Healthy Delaware Families Act and approved this program to begin on January 1, 2026. At that time, most employers who have 10 or more employees will be required to participate. This program also includes maternity and paternity leave, as well as paid sick leave. You can learn more about Delaware Paid Leave, as well as requirements for businesses and exemptions, at labor.delaware.gov.

Customize and automate your leave policy with Rippling, which gives you full visibility into how employees are utilizing it.

Workplace safety in Delaware

Under the Occupational Safety and Health Act of 1970, employers have a legal responsibility to provide their employees with a hazard-free workplace. Subsequent legislation and enforcement by the federal Occupational Safety and Health Administration (OSHA) have resulted in today’s employers having to train employees on safety procedures, create and implement companywide safety policies, and provide safe equipment to workers. 

Some states have state-specific plans in addition to OSHA regulations, but Delaware isn’t one of them. However, OSHA does provide a wide range of helpful resources for small businesses that aren’t under federal jurisdiction so employers can do their due diligence in maintaining a safe workplace. These include resources on recordkeeping, best employment practices for health and safety, and more. You can learn more at osha.gov.

Remember, all businesses in the state of Delaware with one or more employees are required to have workers’ compensation coverage that supports workers in the event of an on-the-job injury or illness. Rippling PEO offers a convenient pay-as-you-go workers’ comp plan that doesn’t require you to pay upfront for the whole year so that you can scale your business stress-free in Delaware and anywhere else in the US. 

Discrimination and harassment laws in Delaware

Employees’ civil rights include the right to a workplace that’s free from discrimination and harassment in Delaware. The Office of Anti-Discrimination, a subdivision of the Delaware Department of Labor, as well as the Delaware Division of Human and Civil Rights, enact and enforce state-level anti-discrimination legislation to ensure protection for all workers.

In the state of Delaware, it’s strictly against the law to discriminate against employees based on the following protected characteristics:

• Race
• Religion
• Color
• Physical or mental disability
• Sex (including pregnancy)
• Sexual orientation
• National origin
• Age (40 or older)
• Genetic information
• Gender identity
• Marital status

The law also prohibits companies from denying employees reasonable accommodations that the latter request because of a disability or religious beliefs and protects them from retaliation—including disciplinary action. Employers are responsible for complying with these laws during the entirety of the employment relationship, from the moment the job posting goes up to the day the employee leaves.

The Office of Anti-Discrimination and the Delaware Division of Human and Civil Rights also consider harassment to be a form of discrimination. When unwelcome conduct occurs towards an employee based on one of the listed protected characteristics, it is considered harassment. Harassment can include but isn’t limited to, offensive jokes, insults, verbal threats, inappropriate objects or photos, racial or sexual slurs, physical or sexual assaults, and other behavior that interferes with an employee’s well-being and work performance. 

Additionally, harassment occurs when an employee—as a condition of their employment—is forced to withstand an offensive environment. It’s crucial to differentiate behaviors that are considered harassment from minor annoyances, like a one-off joke. 

Sexual harassment training requirements vary by state; in Delaware, employers with 50 or more employees must give new employees sexual harassment training within a year of their start date. Training must recur every two years after that. Rippling’s Learning Management System is pre-loaded with core sexual harassment training courses to ensure each employee meets the state requirements based on their location. 

In Delaware—and across the US—employers are liable not only for their own behavior but for that of their employees as well, regardless of whether they knew about it or not. Delaware takes workplace discrimination and harassment extremely seriously and protects employees with strict regulations and penalties for employers who violate the law.

Unions in Delaware

A group of employees who join together with the intention of acting collectively is called a labor union. Labor unions often engage in a negotiating process over things like increased vacation leave and overtime pay, the number of hours in a workweek, and increased wages. Essentially, they work out collective bargaining agreements with employers that advance fair working conditions.

The National Labor Relations Act (NLRA) is a federal law that guarantees certain employee rights, including the right to:

• Organize or join a union so they can negotiate with their employer as a group.
• Bargain collectively, including the right to choose their own employee representatives to draw up collective bargaining agreements with their employer. 
• Discuss employment practices, terms, and conditions with each other.
• Take action, such as asking a union to come to their workplace to talk to employees about forming a labor union or filing complaints with their employer.
• Strike and picket.
• Abstain from supporting a union.

Under the NLRA, it’s unlawful for employers to attempt to discourage employees from joining a union in any way. Similarly, unions can’t force employees to become members. 

In addition to this federal act, there’s state-level legislation related to unions, including “right-to-work” laws. These laws ensure employees have the freedom to decide whether or not they want to become union members. Delaware is not a right-to-work state, so private employers can require employees to join a union at their workplace as a condition of employment. 

FAQs about Delaware labor and employment laws

Are independent contractors covered under Delaware employment laws?

Currently, Delaware employment law doesn’t grant the rights it gives to employees to independent contractors in any capacity. However, there have been concerns about the ramifications for contractors if they’re left out. For instance, back in 2018, state legislators discussed the possibility of including independent contractors in a new sexual harassment bill that became effective January 1, 2019. For the moment, though, the only laws employers need to pay close attention to when hiring independent contractors are classification requirements. Our analyzer tool ensures you’re classifying employees and independent contractors correctly and complying with state and federal employment regulations.

Does at-will employment exist in Delaware?

Yes, Delaware is an at-will employment state. In other words, employers can dismiss employees without warning at any time and for any reason. Employees are permitted to do the same with quitting.

What privacy rights do employees have in Delaware?

The Delaware Code provides various privacy protections to employees in the First State. For instance, if employers intend to monitor employees’ emails or other online activity at work, they must provide workers with at least one full day’s notice. Additionally, employers are prohibited from asking employees for their personal social media passwords and from using an individual’s social media accounts as a condition of their employment.

Are background checks legal in Delaware?

Yes, Delaware employers are permitted to run background checks on both job applicants and employees. There are some regulations they must adhere to, however. For instance, employers must inform applicants and workers in advance of their intent to run a background check, and they need signed consent. Under the “ban-the-box” legislation passed in 2014, Delaware employers can’t consider a job applicant’s criminal history until they’ve made a conditional offer of employment.

Does Delaware have a pay transparency law?

No. As of 2024, the state of Delaware hasn’t enacted any pay transparency law.

Are whistleblowers protected in Delaware?

Yes. According to Title 19 of the Delaware Code, both public and private employees are protected by the Delaware Whistleblower Protection Act, which has a statute of limitations of three years and provides safeguards against retaliation on the part of the employer.

Is workers’ compensation coverage required in Delaware?

Yes. In the state of Delaware, all business owners with one or more employees are legally required to carry workers’ compensation insurance. The only exception to this rule is agricultural businesses—they don’t have to provide workers’ comp, but if they choose not to, they may be held legally liable for any injuries sustained on the job.

Are there required health care benefits in Delaware?

Delaware residents aren’t legally required to purchase health insurance. Under the federal Affordable Care Act, however, employers with 50 or more full-time employees must provide health care benefits. There are no state laws concerning health insurance in addition to this federal one.

Are Delaware employers required to provide bereavement leave?

No, employers don’t have to give Delaware employees paid or unpaid bereavement leave or leave to attend a funeral.

What employee protections are available in Delaware if layoffs occur?

Under the federal Worker Adjustment and Retraining Notification (WARN) Act, covered businesses must give employees 60 days’ notice before laying them off.

Disclaimer: Rippling and its affiliates do not provide tax, legal, or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors before engaging in any related activities or transactions.