Delaware has no state overtime law, so federal FLSA rules decide your pay. Enter your rate and hours for a Delaware paycheck estimate: 1.5 times pay after 40 hours a week, no daily overtime, a $15 minimum wage, and a 2 year claim window.
Rules verified November 2026 · Sources: U.S. Department of Labor and Delaware Department of Labor
By Mudassir Khan
Federal FLSA rules, Delaware framing. Each workweek stands alone.
Delaware wage claims carry a 2 year statute of limitations. Estimates only. Not tax, legal, or payroll advice. Confirm with your employer or a qualified professional.
Delaware has no state overtime statute, so the Fair Labor Standards Act applies directly: nonexempt employees earn at least 1.5 times the regular rate for hours over 40 in a workweek.
Delaware reached $15.00 on January 1, 2025 at the end of a four step climb, with no scheduled increase or indexing after that. Tipped workers get a $2.23 cash wage.
SB 27 doubled the statute of limitations for unpaid wages to 2 years, effective April 2023, matching the federal FLSA period.
Gross = (40 × rate) + (hours over 40 × rate × 1.5)
| Rule | Delaware |
|---|---|
| Overtime rule | Federal FLSA only: 1.5 times pay after 40 hours in a workweek |
| Minimum wage 2026 | $15.00 (from Jan 1, 2025; tipped cash wage $2.23) |
| State income tax | Graduated, up to 6.6% |
| Claim agency | Delaware Department of Labor, Office of Labor Law Enforcement (plus federal DOL) |
| Claim deadline | 2 years for unpaid wage claims (SB 27, 2023) |
| Worker | Math | Gross |
|---|---|---|
| $15/hr, 48 hours | $600 + 8 × $22.50 | $780.00 |
| $18/hr, 52 hours | $720 + 12 × $27 | $1,044.00 |
| $25/hr, 45 hours | $1,000 + 5 × $37.50 | $1,187.50 |
| $15/hr, 40 hours in four 10 hour days | 40 × $15, no overtime | $600.00 |
Example 4 is the Delaware trap: the same four 10 hour days would earn 8 overtime hours in California. In Delaware they earn none, because only the weekly 40 hour line counts.
The 30 minute meal break rule. Delaware requires an unpaid 30 minute meal break after the first 2 hours and before the last 2 hours for shifts of 7.5 or more consecutive hours. Unpaid breaks do not count toward the 40 hour overtime line, so track them honestly.
Final pay on the next payday. Delaware's Wage Payment and Collection Act requires all final wages by the next regularly scheduled payday after separation, whatever the reason for leaving.
Graduated income tax up to 6.6%. Overtime dollars are taxed in Delaware's graduated brackets, so a big overtime week can push marginal dollars into a higher bracket than your base pay.
Like Delaware, Pennsylvania and New York run on the federal weekly overtime test: our Pennsylvania overtime calculator and New York overtime calculator show the same math in neighboring states. The federal baseline is explained in the FLSA overtime rules guide.
No. Delaware has no state overtime statute, so the federal Fair Labor Standards Act decides overtime for Delaware workers: 1.5 times the regular rate for hours over 40 in a workweek, for nonexempt employees.
$15.00 an hour, reached on January 1, 2025. There is no scheduled increase or inflation indexing after that. The tipped cash wage is $2.23 an hour.
With the Delaware Department of Labor, Office of Labor Law Enforcement, or with the Wage and Hour Division of the U.S. Department of Labor, or in court. Unpaid wage claims carry a 2 year statute of limitations.
No. Delaware has no daily overtime rule. Only the weekly line matters: hours over 40 in a workweek earn 1.5 times the regular rate, no matter how long any single day was.
Yes. Delaware has a graduated income tax up to 6.6%, so overtime pay is taxed by the state on top of federal income tax plus Social Security and Medicare taxes.
Yes, if nonexempt. A salary alone does not remove overtime rights in Delaware. Only employees who pass the FLSA exempt duties and salary tests can be denied overtime pay.
Rates and rules checked against these sources in November 2026.
Want the same math without the Delaware framing? Use the overtime pay calculator. Curious what the no tax on overtime deduction does to a Delaware paycheck? Try the deduction calculator; it trims the federal bite on the overtime premium.