Hiring in Delaware requires careful attention to leave and time‑off requirements.
State requirements can interact with federal standards, and in some areas, local rules may layer on additional obligations for employers.
Welcome to "The First State", which earned it's nickname when it became the first state of the original 13 on December 7, 1787.
Delaware’s employment laws align closely with federal standards but include notable state-level updates such as a $15.00 minimum wage and a forthcoming paid family and medical leave program.
While Delaware does not currently require paid sick leave, employers must maintain clear wage policies, adhere to pay documentation rules, and stay ahead of changes impacting payroll and classification compliance.
This blog is based on information available to HireArt as of October, 2025. HireArt does not provide tax, accounting or legal advice. This material has been prepared for informational purposes only, and should not be relied on for, tax, legal or accounting advice. Consult your own tax, legal and accounting advisors before engaging in any related activities or transactions.
Delaware’s minimum wage is set higher than the federal rate and applies statewide.
As of 2025, employers must pay $15.00 per hour to all covered nonexempt employees. There are no local ordinances that establish higher rates.
Employers must follow the higher applicable rate between state and local law.
Delaware does not have a statewide paid sick leave requirement.
Employers may adopt internal policies to offer paid or unpaid sick leave. These policies should clearly outline accrual, eligibility, and usage rules to ensure consistency and compliance with wage and hour laws.
Delaware does not allow local jurisdictions to enact separate wage or leave ordinances.
Because employment laws are set at the state level, employers across Delaware operate under a uniform framework that simplifies compliance and policy administration.
Delaware does not have specific requirements for meal or rest breaks for adult employees.
Employers should refer to company policy, CBAs, or federal FLSA guidelines when establishing break practices. Providing reasonable rest opportunities remains a best practice for maintaining productivity and employee wellbeing.
Payment of unused paid time off (PTO) upon separation is governed by the employer’s written policy or contract.
If a company’s policy specifies payout of unused vacation or PTO, that commitment must be honored. Clearly documented policies protect both employers and employees during offboarding.
Delaware does not have a statute requiring reimbursement for business-related expenses.
Reimbursement practices are typically policy-driven. Employers should define eligible expenses—such as travel, equipment, or remote work costs—and establish consistent approval and repayment processes.
Employers in Delaware must maintain accurate payroll records and pay employees promptly after separation.
Transparent payroll practices help ensure compliance with Delaware’s wage payment laws.
Delaware applies federal and state economic-realities tests to determine proper worker classification.
If a business directs when, where, or how work is performed, the worker should be classified as a W-2 employee. Misclassification can lead to penalties and back pay obligations.
Delaware has enacted a statewide Paid Family and Medical Leave (PFML) program, separate from paid sick leave.
This law, still in phased implementation, provides partial wage replacement for eligible employees during qualifying family or medical absences. Employers should monitor guidance from the Delaware Department of Labor for compliance timelines and reporting requirements.
HireArt acts as an Employer of Record (EOR) to help employers stay compliant with Delaware’s labor laws. Through HireArt, companies can:
Partnering with HireArt helps employers streamline compliance management and operate confidently across Delaware’s changing employment landscape
