Delaware does not have overtime laws that are different from federal overtime law.

The minimum wage in Delaware is $13.25 per hour, which is higher than the federal minimum wage of $7.25 per hour.

Under Delaware laws, all employees are entitled to a 30-minute meal break after the first two hours and before the last two hours of work if they are scheduled to work at least seven and a half hours per day.

The meal period requirement does not apply to the following employees:

• Professionals certified by the State Board of Education and employed by a local school board to work directly with children
• Employees governed by a collective bargaining agreement or other written agreement which provides otherwise

You can file a wage claim with the Delaware Department of Labor’s Office of Labor Law Enforcement.

If you have a wage/hour claim, do not delay in contacting the Office of Labor Law Enforcement to file a claim. There are strict time limits in which wage claims must be filed. The ability to claim expires one year after the date that the claim arose. However, in order for the agency to act on your behalf, you must file within ten and a half monthsfrom the date that the claim arose.

Do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim.

In Delaware a private attorney can file a private lawsuit to recover past compensation plus attorney’s fees and reasonable costs.