What employers in Delaware must do
Checked November 8, 2026From the agencies that run each program
Short answer
Employers in Delaware must pay at least $15.00 an hour.
Delaware runs a paid leave program, Delaware Paid Leave, funded by a premium of 0.8% of wages in 2026.
Delaware employers covered by Delaware EARNS that don’t offer a qualified retirement plan must register by their deadline.
The next employer deadline in Delaware is December 1, 2026: Deadline to tell the Division of Paid Leave and all employees about any change in the employer and employee contribution split that will start January 1, 2027.
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Delaware requirements at a glance
| Requirement | Status | What it means for you |
|---|---|---|
| Minimum wage | In effect | $15.00 an hour |
| Paid leave: Delaware Paid Leave | In effect | Employers with 10 or more employees in Delaware during the previous 12 months. The count includes employees who have worked for the employer at least 12 months and 1,250 hours in the past year, or are reasonably expected to, and employees on contribution waivers are left out. Employees are people who primarily report to a worksite in Delaware. The federal government and businesses that close entirely for 30 or more days in a row each year are exempt. A business that uses a professional employer organization (PEO) is treated as the employer. |
| Retirement mandate: Delaware EARNS | In effect | Delaware employers that employ, and during the previous calendar year employed, at least 5 covered employees (W-2 employees age 18 or older with Delaware wages, full- or part-time), that were in business in Delaware for at least 6 months of the preceding calendar year (in business since July 1 of the prior year), and that don’t maintain a 401(a), 401(k), 403(b), Simplified Employee Pension (SEP) or SIMPLE individual retirement account (IRA) plan. Government employers are excluded. |
Pay rules Delaware employers must follow
- Paydays
- At least once a month on regular paydays set in advance, within 7 days after the pay period ends.
- Final paycheck, fired
- By the next regular payday or 3 business days after the last day worked, whichever is later.
- Final paycheck, quit
- By the next regular payday or 3 business days after the last day worked, whichever is later.
- Meal breaks
- Unpaid 30-minute meal break for anyone working 7.5 hours or more in a row, taken after the first 2 hours and before the last 2.
- Rest breaks
- No state requirement for adults.
- Overtime
- Follows the federal Fair Labor Standards Act (FLSA) rule: time and a half after 40 hours in a workweek. No separate state overtime rule.
- New hire reporting
- Within 20 days of hire, to the Delaware State Directory of New Hires
From the Delaware Department of Labor and the U.S. Department of Labor’s state tables, checked November 8, 2026.
Upcoming Delaware deadlines
· Paid leave
Delaware Paid Leave: Last day to submit documents in LaborFirst for a private insurance or self-insured plan to start January 1, 2027
Private plans are approved and renewed on a rolling basis, with start dates of January 1, April 1, July 1 or October 1, and documents are due at least 30 days before the start date.
· Paid leave
Delaware Paid Leave: Quarterly Hours and Wage report and contributions due for October through December 2026
The 30th day after the quarter falls on a Saturday, so the due date moves to the next business day. · 10+ employees
· Paid leave
Delaware Paid Leave: Quarterly Hours and Wage report and contributions due for July through September 2027
The 30th day after the quarter falls on a Saturday, so the due date moves to the next business day. · 10+ employees
· Paid leave
Delaware Paid Leave: Quarterly Hours and Wage report and contributions due for October through December 2027
The 30th day after the quarter falls on a Sunday, so the due date moves to the next business day. · 10+ employees
· Paid leave
Delaware Paid Leave: Quarterly Hours and Wage report and contributions due for January through March 2028
The 30th day after the quarter falls on a Sunday, so the due date moves to the next business day. · 10+ employees
· Paid leave
Delaware Paid Leave: Quarterly Hours and Wage report and contributions due for April through June 2028
The 30th day after the quarter falls on a Sunday, so the due date moves to the next business day. · 10+ employees
Deadline calendar for every state · How to hire your first employee · Employer law changes for 2027 · All states
Sources
- Delaware Department of Labor, Division of Industrial Affairs
- Delaware Department of Labor, Division of Paid Leave
- Delaware Office of the State Treasurer
- State Payday Requirements (last revised January 1, 2023), U.S. Department of Labor, Wage and Hour Division (read Nov 7, 2026)
- Minimum Length of Meal Period Required under State Law for Adult Employees in Private Sector (last revised January 1, 2023), U.S. Department of Labor, Wage and Hour Division (read Nov 7, 2026)
- Minimum Paid Rest Period Requirements Under State Law for Adult Employees in Private Sector (last revised January 1, 2023), U.S. Department of Labor, Wage and Hour Division (read Nov 7, 2026)
- State Minimum Wage Laws, including premium (overtime) pay after designated hours (updated November 5, 2026), U.S. Department of Labor, Wage and Hour Division (read Nov 7, 2026)
- Delaware Code Title 19, Chapter 11 (Wage Payment and Collection), §§ 1102-1103, Delaware General Assembly (read Nov 7, 2026)
- Delaware Code Title 19, Chapter 7, § 707 (meal breaks), Delaware General Assembly (read Nov 7, 2026)
- Delaware State Directory of New Hires: FAQ, Delaware State Directory of New Hires (Delaware Department of Health and Social Services) (read Nov 8, 2026)
- Are rest breaks required in Delaware?, Delaware Department of Labor, Division of Industrial Affairs (read Nov 8, 2026)
- When am I entitled to overtime pay?, Delaware Department of Labor, Division of Industrial Affairs (read Nov 8, 2026)