Overtime Calculator Delaware

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

Your Delaware week

Federal FLSA rules, Delaware framing. Each workweek stands alone.

$/hr
hrs
Gross pay this week (48.0 hrs)$780.00
Regular pay (first 40 hrs)$600.00
Overtime pay at 1.5x (8.0 hrs)$180.00
your overtime rate$22.50/hr

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.

How overtime works in Delaware

1 · Federal law runs the show

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.

2 · The $15 wage floor is settled

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.

3 · The 2 year claim window

SB 27 doubled the statute of limitations for unpaid wages to 2 years, effective April 2023, matching the federal FLSA period.

The Delaware formula (federal math)
Gross = (40 × rate) + (hours over 40 × rate × 1.5)

Rules at a glance, 2026

RuleDelaware
Overtime ruleFederal 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 taxGraduated, up to 6.6%
Claim agencyDelaware Department of Labor, Office of Labor Law Enforcement (plus federal DOL)
Claim deadline2 years for unpaid wage claims (SB 27, 2023)

Worked examples

WorkerMathGross
$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 days40 × $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.

Delaware specifics worth knowing

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.

Common mistakes

Mistake 1: Counting unpaid meal breaks toward 40 hours. Delaware's required 30 minute break is unpaid and does not count. A 42.5 hour week with five unpaid breaks is really 40 paid hours and zero overtime.
Mistake 2: Missing the 2 year statute. Unpaid wage claims expire 2 years after they accrue. The old 1 year rule is gone, but 2 years still runs out fast.
Mistake 3: Expecting daily overtime. A 12 hour shift earns nothing extra in Delaware unless the week passes 40 hours.
Mistake 4: Confusing the $2.23 tipped cash wage with take home. Tipped workers must still end up at $15.00 an hour once tips are counted. The $2.23 is a floor for the employer, not the paycheck.

Frequently asked questions

Does Delaware have its own overtime law?

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.

What is the minimum wage in Delaware in 2026?

$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.

Where do I file an unpaid overtime claim in Delaware?

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.

Is there daily overtime in Delaware?

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.

Does Delaware tax overtime pay?

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.

Can a salaried Delaware employee earn overtime?

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.

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.