Protecting Workers. Empowering Businesses.

Your trusted resource for wage compliance, fair labor practices, and safe employment in Delaware.

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About US

Who We Are

At the Office of Wage and Hour Enforcement, we work to ensure that Delaware’s workplaces are fair, equitable, and compliant with state labor laws. Whether you’re a business owner, an employee, or a young worker stepping into the workforce, we’re here to guide you.

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How Can we help?

Wage Claim Form

Use this form if you believe you have not been paid correctly, including unpaid wages, overtime, or minimum wage violations. 

Work Permit

Minors under 18 must obtain a work permit before starting a job in Delaware. Learn who needs a permit and how employers and minors can complete the process.

Minimum Wage in Delaware

The minimum wage in Delaware is currently $15 per hour. If you believe you are being paid less than the required minimum wage, you may be eligible to file a wage claim.

Everything You Need to Stay Compliant

In this section, you’ll find Wage & Hour resources. Click a resource below to access forms, posters, and guides.

Wage Claim Form

Use this form if you believe you have not been paid correctly, including unpaid wages, overtime, or minimum wage violations.

Child Labor

If you are under 18 and seeking employment in Delaware, view our Child Labor Law page to learn more.

Clean Indoor Air Act

These resources provide information on the Clean Indoor Air Act and required no-smoking postings to help ensure compliance in indoor workplaces and public spaces.

Minimum Wage FAQs

These FAQs explain Delaware’s minimum wage law, including who is covered, how the rate is applied, and what to do if you believe you are not being paid correctly.

Service Letter Guidance

This service letter explains Delaware’s service letter requirements for certain healthcare and childcare employers and outlines employer and job seeker responsibilities.

Labor Trafficking Information

This brochure explains labor trafficking enforcement in Delaware and provides guidance and contact information for reporting concerns or seeking assistance.

Labor Law Poster

This poster summarizes key Delaware wage and hour laws and must be displayed in workplaces to inform employees of their rights and employer obligations.

All Resources Available in Multiple Languages

Find essential workplace resources in English, Spanish, and Haitian Creole. Access the full resource library for wage laws, labor rights, workplace policies, and more to stay informed and compliant.

Wage Payment & Minimum Wage Compliance

Stay informed on Delaware’s wage payment and minimum wage laws.

Current Minimum Wage:
$15.00 as of January 1, 2025
 
Tipped Employees:
Minimum cash wage of $2.23/hour, with rules ensuring total earnings meet minimum wage.
 
Payment Frequency:
Wages must be paid at least once per month, and all earned wages must be provided within seven days of the end of the pay period.
 
Record Keeping:
Maintain payroll records for at least three years to stay compliant.
 
Delaware law also requires a 30-minute meal break after five consecutive hours of work, unless the employee is exempt by occupation.

Download the Wage Compliance Guide

Preventing Wage Theft & Misclassification

Learn how to protect your rights and ensure compliance.

Wage Theft:
Includes failure to pay for all hours worked, paying below minimum wage, or making unlawful deductions.
 
Misclassification:
Misclassifying employees as independent contractors can result in penalties and lost benefits for workers.
 
Employer Obligations:
Ensure proper worker classification to avoid legal risks.

Download the Understanding Wage Theft Guide

Child Labor Laws

Supporting Delaware’s young workers with safe employment practices.

Minimum Age:
14 years old to work.
 
Work Permits:
Required for workers under 18.
 
Work Hour Limits:
  • Ages 14-15: Max 4 hours on school days, 8 hours on non-school days.
  • Ages 16-17: Max of 12 combined hours of work and school per day.
Breaks:
30-minute meal break required after 5 consecutive hours of work.
 
Prohibited Jobs:
Minors under 18 cannot work in hazardous roles like heavy machinery or demolition.
 
Certain exemptions apply for minors working in theatrical, film, or entertainment industries. For details, contact the Child Labor Specialist at workpermits@delaware.gov.

DOWNLOAD TEEN EMPLOYMENT GUIDE

Human & Labor Trafficking

Download the Human Trafficking Poster. 

If you believe someone may be experiencing labor trafficking, or if you need help, contact the National Human Trafficking Hotline:

The hotline is confidential, available 24/7, and connects individuals to trained advocates and local resources.

In addition to national resources, concerns related to labor trafficking may also be reported to partner agencies, including the Delaware State Police and the Polaris Project, which supports the National Human Trafficking Hotline.

These partners work with state and local agencies to respond to reports, support investigations, and connect individuals to appropriate resources.

Download the Labor Trafficking Brochure for more information.

 

Compensation History Law (Salary History Ban)

  • Employers may not ask job applicants about their current or past pay.
  • Employers may not use prior pay to set minimum or maximum salary criteria.
  • Employers may discuss pay expectations or ranges, as long as they don’t ask about compensation history.
  • After a job offer is accepted, an employer may verify compensation history for recordkeeping.
  • First offense: $1,000–$5,000 fine
  • Subsequent offenses: $5,000–$10,000 fine per position affected

The Delaware Department of Labor’s Office of Wage & Hour Enforcement
investigates reported violations under Delaware Code Title 19, §709B.

Delaware’s Compensation History Law (Title 19 §709B) prohibits employers from seeking an applicant’s past pay information. This law promotes equal pay and helps close the gender wage gap by ensuring that salary offers are based on qualifications, not previous earnings.

 

Get in Touch!

Do you have questions or need assistance? Fill out the form below, and we'll respond within 48 hours.

Get in Touch!

Do you have questions or need assistance? Fill out the form below, and we'll respond within 48 hours.

RESOURCES FOR EMPLOYERS & EMPLOYEES

What Every Employer & Worker Should Know

Learn the essentials of Delaware’s wage and hour laws, including minimum wage, overtime pay, and work permit requirements. This video breaks down key compliance steps to help businesses and employees understand their rights.

How to File a Wage Claim in Delaware

Have you been underpaid or noticed incorrect wage deductions? This video walks you through the wage claim process, helping workers recover unpaid wages while guiding employers on proper payroll practices.

We’re here to help

Wages@delaware.gov
WorkPermits@Delaware.gov
ServiceLetters@delaware.gov
LaborTrafficking@delaware.gov

302-761-8200, Option #3

(302) 736-9196

Monday - Friday, 8:00 AM - 4:30 PM

Newark

252 Chapman Road, Suite 210

Wilmington

4425 North Market Street, 3rd Floor
(Send mail & packages to this address)

Dover

Blue Hen Corporate Center, Suite 2H

Georgetown

8 Georgetown Plaza, Suite 2

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