Delaware Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)

Health and Safety Standards in Delaware

In Delaware, state regulations are in place to protect the well-being of workers and help businesses maintain a safe and healthy work environment. The Delaware Department of Labor’s Division of Industrial Affairs oversees workplace safety regulations, inspections, and enforcement efforts to ensure compliance with state standards.

Workplace Safety Regulations

1. Occupational Safety and Health Administration (OSHA)
   • Delaware operates an occupational safety and health program under an OSHA-approved State Plan.

2. Workplace Safety Program
   • The Delaware Workplace Safety Program, administered by the Delaware Insurance Commissioner’s Office, allows employers to earn discounts of up to 19% on workers’ compensation insurance premiums by maintaining a safe work environment.
   • Since its establishment in 1989, this program has resulted in significant cost savings and improved employee safety.
   • Participation in the Workplace Safety Program entails inspections to assess factors such as the effectiveness of health and safety programs, employee training, and hazard identification, to determine eligibility for insurance premium discounts. These are separate from OSHA compliance evaluations

In Delaware, employers must…

• Provide a safe and healthy work environment for their employees.
• Comply with state and federal workplace safety regulations, including OSHA standards.
• Participate in the Delaware Workplace Safety Program to qualify for workers’ compensation insurance premium discounts.
• Maintain effective health and safety programs, provide employee training, and identify and eliminate potential hazards.

In Delaware, employees should…

• Follow safety protocols and use personal protective equipment (PPE) provided by their employer.
• Report any unsafe working conditions or potential hazards to their employer or the appropriate authorities.
• Participate in safety training programs offered by their employer.

Report health and safety violations (unsafe working conditions) in Delaware to…

• Employees:
  • Delaware Department of Labor
  • Occupational Safety and Health Administration (OSHA)

  Employers:

  • Delaware Department of Labor
  • Delaware OSHA Consultation Services
  • Occupational Safety and Health Administration (OSHA)

Anti-Discrimination Laws in Delaware

Delaware’s Discrimination in Employment Act prohibits employers from discriminating against job candidates or employees based on various protected characteristics. This law ensures that individuals have equal opportunities in all aspects of employment, including hiring, compensation, training, and fringe benefits. The Act aims to foster a fair and inclusive workplace environment by addressing biases and discriminatory practices.

Employers in Delaware may not discriminate against job applicants based on…

• Race
• Color
• Religion
• Sex
• Sexual orientation
• Gender identity
• National origin
• Disability
• Age
• Marital status
• Genetic information

Additionally, the Handicapped Persons Employment Protection Act (HPEPA) specifically prohibits discrimination based on disability and mandates that employers provide reasonable accommodations for qualified individuals with disabilities.

Employee Resignation or Termination in Delaware

Navigating the processes of employee termination and resignation in Delaware requires adherence to legal guidelines while ensuring professionalism and fairness. As an at-will state, Delaware allows employers to terminate employees at their discretion, as long as the reasons do not violate protections against discrimination or retaliation. This flexibility can be beneficial for employers but also necessitates careful consideration to avoid legal pitfalls.

Delaware labor laws do not mandate specific requirements for termination, resignation, or severance pay. However, employers have the option to incorporate notice provisions and severance packages into employment contracts, which can help set clear expectations and foster goodwill between both parties. This approach can contribute to a more positive work environment and smoother transitions for departing employees.

Unemployment Benefits in Delaware

Workers in Delaware are eligible for unemployment benefits if they meet certain criteria. Eligibility hinges on being unemployed through no fault of their own, being able and available to work, actively seeking employment, and being willing to accept suitable job offers. Additionally, wage requirements are based on earnings within a designated base period, which is defined as the last four out of five calendar quarters, influencing the amount of unemployment compensation received.

Use this website to start your application for unemployment benefits in Delaware: Delaware Unemployment Insurance

COBRA Benefits in Delaware

Separated employees in Delaware may extend employer-provided health care coverage through COBRA, which stipulates…

• Continuation of Coverage: Federal COBRA allows employees at organizations with 20 or more employees to continue their employer-sponsored health coverage for up to 18 months after employment ends.
• Mini-COBRA Law: Delaware’s mini-COBRA law applies to employers with 1 to 19 employees, allowing continuation coverage for up to 9 months.
• Notification Requirement: Employers must notify the employee and the policy administrator within 30 days of the triggering event that qualifies for COBRA benefits.

These provisions ensure that employees can maintain their health insurance coverage during periods of unemployment or transition.

Final Paychecks in Delaware

Separated employees in Delaware must receive their final paychecks in accordance with state law, which outlines specific requirements for timely payment:

• Separated employees in Delaware must receive their final paychecks on the next regular payday through standard payment methods.
• Wages must be disbursed at least once a month, with all wages due within seven days after each pay period.
• Employers are required to provide a pay statement that includes:
  • Amount of wages owed
  • Pay period encompassed
  • Itemized deductions
  • Total hours worked during the pay period for hourly employees
• Employees must receive their earned wages promptly in cases of resignation, termination, or other separations, as specified by state law.

Paid Family and Medical Leave

• Program Launch: Delaware will implement its Paid Family and Medical Leave program on January 1, 2025, requiring employers with ten or more employees to participate.
• Benefit Timeline: Payroll deductions will begin on this date, with paid leave benefits available starting January 1, 2026, supporting employees during health or family-related events and enhancing worker protections.

Minimum Wage Hike

• New Rate: Delaware’s minimum wage will increase to $15.00 per hour effective January 1, 2025, following a series of gradual adjustments since 2022 in accordance with Senate Bill 15.
• Legislative Intent: Governor John Carney stated that the increase aims to ensure full-time workers earn a living wage, reflecting Delaware’s commitment to improving economic conditions for its workforce.

Employers should prepare for these changes by updating their labor law postings and ensuring compliance with the new wage standards and leave policies. The Delaware Department of Labor will oversee these implementations, and businesses are encouraged to familiarize themselves with the requirements well in advance of the effective dates.