Delaware Overtime Laws
Delaware follows federal FLSA overtime rules.
Weekly OT Threshold
40 hrs
Daily OT Threshold
None
Double Time
No
Minimum Wage
$15.00
Overtime Rules
| Weekly Overtime | Hours over 40 in a workweek paid at 1.5x |
| Daily Overtime | Not required by state law |
| Double Time | Not required by state law |
| 7th Consecutive Day | No special rule |
Exemptions
The following categories of employees may be exempt from overtime requirements:
Standard FLSA exemptions apply
Important Notes
Delaware follows federal FLSA overtime rules.
State Labor Department
Delaware Economy and Workforce
Delaware is known as the 'Corporate Capital of America,' with over 50% of all U.S. publicly traded companies and 63% of Fortune 500 companies incorporated in the state due to its business-friendly corporate laws. Major financial institutions including JPMorgan Chase, Bank of America, and Capital One have significant credit card operations in Wilmington, and the state exported $4.4 billion in manufactured products in 2024.
Industries with Common Overtime
These Delaware industries frequently involve overtime work situations:
Financial Services and Banking
Major credit card operations for JPMorgan Chase, Bank of America, and Capital One employ thousands in Wilmington. Customer service representatives and operations staff may work overtime during high-volume periods.
Chemical and Pharmaceutical Manufacturing
Delaware is the 'Chemical Capital of the World,' with DuPont, AstraZeneca, and other chemical companies. Manufacturing facilities often operate 24/7 with shift workers earning overtime.
Healthcare
ChristianaCare, Delaware's largest private employer, and other healthcare systems regularly require overtime from nurses, technicians, and support staff.
Transportation and Warehousing
This sector grew 7.2% in 2023, the largest percentage growth of any sector. Distribution centers and logistics operations often require overtime during peak periods.
Poultry Processing
Delaware is a leading producer of broiler chickens, with processing plants operating extended hours during peak production seasons.
Frequently Asked Questions
Delaware does not have state-specific overtime laws beyond following federal FLSA standards. Employers must pay non-exempt employees 1.5 times their regular rate for hours worked over 40 in a workweek.
With Delaware's minimum wage at $15.00 per hour as of January 1, 2025, the minimum overtime rate is $22.50 per hour (1.5 times the minimum wage). Your actual overtime rate depends on your regular hourly wage.
As of 2024, exempt employees must earn at least $844 weekly ($43,888 annually) and meet the duties test for executive, administrative, or professional exemptions to be excluded from overtime requirements.
How to File a Wage Claim in Delaware
If you believe you are owed overtime pay, follow these steps:
Gather all documentation including timesheets, pay stubs, and records of hours worked.
File a wage claim with the Delaware Division of Industrial Affairs, Office of Labor Law Enforcement.
Submit your complaint online through the Delaware Department of Labor website or in person.
The Division will investigate your claim and work with you and your employer toward resolution.
For FLSA violations, you may also file with the U.S. Department of Labor Wage and Hour Division.
Consider consulting an employment attorney if the claim involves significant unpaid wages.
Important Delaware Consideration
Delaware's Healthy Delaware Families Act created a Paid Family and Medical Leave Insurance Program that began payroll contributions on January 1, 2025, with benefits available starting January 1, 2026. Employers with 10+ employees must participate. Understanding the interaction between FMLA, state leave, and overtime calculations is important for Delaware workers.
Disclaimer: This information is provided for general educational purposes only and should not be considered legal advice. Overtime laws can change and may have exceptions not listed here. For specific situations, consult with your employer's HR department, the state labor department, or an employment attorney.