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- Minimum Wage: As of January 1, 2024, Delaware’s minimum wage is $11.75 per hour. Tipped employees have a lower base rate of $2.23 per hour, as long as tips bring total earnings to at least the minimum wage rate.
- Overtime: Overtime is required for hours worked over 40 hours per week. The overtime rate is 1.5 times the regular wage.
- Meal and Rest Breaks: Delaware does not require employers to provide breaks for adult employees, though minors have restrictions on working hours.
- Sick Leave: There is no state law mandating sick leave, but employers may choose to offer paid or unpaid sick leave.
- Payroll Schedule: Employers in Delaware may choose to pay employees on a weekly, bi-weekly, semi-monthly, or monthly basis.
- Tax Compliance: Delaware has a state income tax rate of 4.8%, and employers are responsible for withholding state taxes from employee wages. Additionally, employers must contribute to state unemployment insurance, and workers’ compensation insurance is required based on industry risks.
Employers can use a PEO to offer group health insurance, retirement plans, and other benefits while ensuring compliance with Delaware laws. While Delaware does not mandate specific benefits, such as health insurance, employers may still need to comply with federal laws like the Affordable Care Act (ACA) if they meet certain thresholds.
- Workplace Safety: Employers must follow both federal and state regulations related to workplace safety.
- Workers’ Compensation: Employers are required to provide workers’ compensation insurance, with rates varying by industry and job risk factors.
- Enforcement Agencies: The Delaware Department of Labor enforces labor laws, including wage and hour laws, unemployment insurance, and workers' compensation.
- Overlapping Laws: If federal and state laws overlap, the law providing greater protections to employees typically applies.
Check out our comprehensive state hiring guide.



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