Delaware · updated 2026-10
Delaware Overtime & Break Laws
Time and a half after 40 hours in a workweek.
Overtime
40h / week
Time and a half after 40 hours in a workweek.
Delaware has no general state overtime statute. Its Department of Labor says overtime comes from the federal FLSA (1.5x after 40 hours/week).
Federal FLSA rule. source
Meal break
30 min
Yes: 30 minutes for shifts over 7.5 hours, usually unpaid. 19 Del. C. 707: an unpaid 30-consecutive-minute meal break if working 7.5 or more consecutive hours, after the first 2 hours and before the last 2. Doesn't apply where a CBA or other written agreement provides otherwise. Exemptions can be granted (e.g., fewer than 5 employees on a shift).
Rest breaks
Not required
Delaware law doesn't require rest breaks for adults. Short breaks an employer does give (5–20 minutes) must be paid under federal rules.
Minimum wage
$15.00
$15.00 an hour (since 2025-01-01). 19 Del. C. 902. There is no automatic indexing; the rate becomes the federal rate if that is ever higher. Tipped employees' cash wage is at least $2.23.
Delaware time card
| Day | Clock in | Break min | Clock out | Hours |
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Delaware pay and break questions
When does overtime start in Delaware?
Time and a half after 40 hours in a workweek. Delaware has no separate state overtime law, so the federal FLSA rule applies. Delaware has no general state overtime statute. Its Department of Labor says overtime comes from the federal FLSA (1.5x after 40 hours/week).
Are lunch breaks required in Delaware?
Yes: 30 minutes for shifts over 7.5 hours, usually unpaid. 19 Del. C. 707: an unpaid 30-consecutive-minute meal break if working 7.5 or more consecutive hours, after the first 2 hours and before the last 2. Doesn't apply where a CBA or other written agreement provides otherwise. Exemptions can be granted (e.g., fewer than 5 employees on a shift).
Are rest breaks required in Delaware?
Delaware law doesn't require rest breaks for adults. Short breaks an employer does give (5–20 minutes) must be paid under federal rules.
What is the minimum wage in Delaware?
$15.00 an hour (since 2025-01-01). 19 Del. C. 902. There is no automatic indexing; the rate becomes the federal rate if that is ever higher. Tipped employees' cash wage is at least $2.23.
Workers under 18 in Delaware
Teens have extra limits on hours and times of day, and may need a work permit. See Delaware teen work rules and which employers hire at 14 and 15.
Questions or a complaint? Contact the Delaware Department of Labor, Division of Industrial Affairs.