Delaware Overtime & Paycheck Calculator
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Visual Pay Composition Breakdown
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Delaware Statutory Wage & Overtime Authority
Statutory Legal Citation: 19 Del. C. § 902
Delaware minimum wage is $13.25/hr ($2.23 tipped direct rate). Standard 40-hour weekly overtime rules apply.
Employee Statutory Rights (DE)
- ✓ Minimum wage of $13.25/hr.
- ✓ 30-minute meal break for shifts of 7.5 hours or longer.
- ✓ Weekly overtime at 1.5x regular pay for hours over 40.
Employer Mandatory Obligations (DE)
- § Pay tipped staff at least $2.23/hr direct cash wage.
- § Pay wages on regular paydays at least once per month.
- § Reimburse tip credit shortfalls below $13.25/hr.
Delaware Statutory Wage & Overtime FAQs
What is the minimum wage in Delaware for 2026? ↓
Under statutory citation 19 Del. C. § 902, the 2026 minimum wage in Delaware is $13.25 per hour. Employers paying below this baseline face Department of Labor back-pay audits and statutory interest penalties.
Does Delaware mandate daily overtime pay? ↓
Delaware follows the standard federal FLSA rule (Title 29 U.S.C. § 207). Overtime is calculated weekly for hours exceeding 40 hours in a 7-day workweek with no daily cap.
Can employers in Delaware take a tip credit against wage rates? ↓
Delaware permits employers to claim a maximum tip credit of $11.02/hr against tipped staff, requiring a minimum direct cash wage of $2.23/hr.
Common Delaware Payroll Compliance Traps & Audit Penalties
Failing to make up tip credit shortfalls.
Unauthorized wage deductions.
Delayed final paychecks.
Did Your Employer Violate Delaware Labor Law?
30-Second Diagnostic • Sourced from 19 Del. C. § 902
Based on Delaware labor code standards (19 Del. C. § 902), your responses indicate potential statutory wage violations.
Never Miss an Overtime Dollar or Statutory Rate Update
Set weekly payday audit reminders & Delaware labor code alert updates
Add a recurring Friday payday paystub audit reminder directly to your phone calendar.
Employer Statutory Violation & Penalty Risk Audit
Department of Labor & State Compliance Fine Exposure in Delaware
Under FLSA § 216(b), mandatory double back pay is assessed for unpaid overtime.
1 hour regular rate premium pay per workday missed under state law.
Waiting time statutory penalties for delayed final paycheck settlement.
Automate state-specific overtime thresholds, tip credits, and meal breaks with Gusto Payroll & multi-state compliance partners.
FLSA & DE Overtime Exemption Checklist
Determine if an employee is legally exempt from overtime under state and federal law
Earns at least $844/week ($43,888/yr federal minimum) or state higher threshold (e.g. CA $66,560/yr).
Primary duty involves managing business operations, directing 2+ staff, or exercising independent judgment.
Receives a predetermined, non-deductible salary regardless of quality or quantity of weekly work.
Managing payroll or shift workers in Delaware?
Avoid Department of Labor non-compliance fines. Automate state-specific overtime, double-time rules, tip credits, and statutory tax withholdings with Gusto Payroll Automation.
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