Delaware Wage and Hour FAQs

Answers to Delaware Overtime, Wage Payment Questions

Back to Delaware Overtime Law

How often should I be paid?

Employers must pay all wages due to employees on the regularly scheduled payday, which should be established by the employer in advance and occur at least once during each calendar month.

If I'm fired, when should I receive my last paycheck?

If you quit, resigned or were fired or laid off, you should receive your wages on the next regularly scheduled payday.

Is my employer required to provide meal and rest breaks?

Employees who work more than 7 1/2 hours per day must receive at least a 30-minute meal break. Meal periods must be given after the first two hours of work and before the last two hours.

Meal breaks may not be given if one of the following is true:

• Complying with the requirement would negatively impact public safety
• Only one worker can carry out the tasks of the position
• The company employs less than five workers on that shift at that location
• The nature of the company requires workers to respond to urgent conditions and the employees are paid for their meal breaks

When employees are exempt from meal breaks, they must be allowed to eat at their workstations and use the bathrooms as reasonably necessary.

When working five consecutive hours, minors must be give a meal break lasting at least 30 minutes.

Should I be paid time-and-a-half for my overtime hours?

Delaware does not have a specific law regarding overtime pay. The federal Fair Labor Standards Act (FLSA) sets the rules regarding overtime pay for employers covered by its provisions, but does contain exemptions. To find out if you qualify for overtime pay, contact a Delaware overtime attorney.