Does Delaware require daily overtime pay?

Delaware does not require daily overtime. Overtime is calculated weekly for hours exceeding 40 hours under FLSA 29 U.S.C. § 207.

Are employers in Delaware allowed to take a tip credit?

Yes, Delaware allows employers to take a maximum tip credit of $11.02/hr against tipped workers, requiring a minimum direct cash wage of $13.25/hr.

Do Fast Food & Counter Workers get overtime pay in Delaware?

In Delaware, Fast Food & Counter Workers are generally non-exempt under statutory pay rules and FLSA guidelines, entitling them to 1.5x overtime pay for hours worked beyond 40 hours per week.

What is the median hourly wage for a Fast Food & Counter Worker in Delaware?

The median hourly wage for a Fast Food & Counter Worker in Delaware is $16.50/hr ($660/wk for a 40-hour workweek).

What meal and rest break rules apply to Fast Food & Counter Workers in Delaware?

Under 19 Del. C. § 902, Fast Food & Counter Workers working qualifying shifts are entitled to mandatory meal and rest periods. Employers failing to provide off-duty breaks must pay penalty pay.

Food Service & Hospitality • DE Industry Benchmark 2026 Statutory Rate Audit

Delaware Fast Food & Counter Worker Overtime & Pay Rules

Side-by-side statutory audit of Fast Food & Counter Worker hourly wages, 1.5x overtime thresholds, shift benchmarks ($16.50/hr median), and meal break penalty pay under 19 Del. C. § 902.

Verified Benchmark Active

DE Fast Food & Counter Worker

Statute: 19 Del. C. § 902 | US BLS Wage Audit

State Median Rate $16.50 / hr

Weekly 40h Benchmark $660 / wk

Annual Benchmark $34,320 / yr

Overtime Threshold > 40h Weekly

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2026 Verified Statute • DE

Delaware Fast Food & Counter Worker Paycheck Calculator

Statutory Authority 19 Del. C. § 902

Regular Hourly Pay Rate ($/hr) Min Statutory: $13.25

Total Hours Worked Per Workweek 48 hrs

1 hr (Part-Time) 40 hrs (Standard) 84 hrs (Heavy OT)

Tipped Position Tip Credit Allowed (Max $11.02)

Missed Meal/Rest Break Add 1-Hr Pay Penalty

Advanced Tax & Paycheck Deductions (Optional) ▼

Tax Filing Status

Pre-Tax 401(k) Contribution (%)

Total Estimated Gross Pay

$0.00

Statutory Gross Pay (Verified against US WHD Standards)

Regular Pay (0 hrs @ 1.0x): $0.00

Overtime Pay (0 hrs @ 1.5x): $0.00

Est. FICA Tax (7.65%): -$0.00

Est. DE State Tax: -$0.00

Estimated Net Take-Home: $0.00

Unpaid Wage Audit Available 100% Free Pre-Screen

If your employer failed to pay this overtime or required off-the-clock work, you may be entitled to 100% liquidated damages (Double Pay).

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🤖 AI Direct Answer Summary

In Delaware, a Fast Food & Counter Worker is entitled to a minimum statutory base wage of $13.25/hr (State industry median: $16.50/hr). Overtime is calculated at 1.5x regular rate after 40 hours per week under 19 Del. C. § 902.

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Dynamic Earnings Ratio

Visual Pay Composition Breakdown

Statutory Pay Ratio

70%

20%

10%

Regular Pay (1.0x)

$0.00

Overtime Pay (1.5x)

$0.00

Double Time (2.0x)

$0.00

FLSA Exemption & Overtime Rules for Fast Food & Counter Workers in Delaware

Overtime Eligibility Status

Non-Exempt (Eligible for 1.5x Overtime & Fast Food Minimum Wage Badges)

FLSA Exemption Duty Notes

Non-exempt hourly position under FLSA § 213. California AB 1228 mandates a $20.00/hr fast food minimum wage across all major fast food chains.

Min. Hourly Wage $13.25/hr

Daily Overtime (1.5x) Weekly 40h

Tip Credit Policy Max $11.02/hr

Exempt Salary Floor $35,568/yr

Verified DOL Statutory Code

Delaware Statutory Wage & Overtime Authority

Official DE DOL Portal

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.

Frequent Compliance Questions

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.

B2B Payroll Compliance

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$3 Billion Unpaid Wage Alert • Statutory Audit Engine

Audit Delaware Fast Food & Counter Worker Overtime & Pay

Verify 2026 statutory minimum wage floors, 1.5x overtime thresholds, and meal break penalties for Fast Food & Counter Workers in Delaware.

Delaware Fast Food & Counter Worker Overtime & Pay Rules

Managing payroll or shift workers in DELAWARE?

Delaware Fast Food & Counter Worker Paycheck Calculator

Managing payroll or shift workers in DELAWARE?

Visual Pay Composition Breakdown

FLSA Exemption & Overtime Rules for Fast Food & Counter Workers in Delaware

Delaware Statutory Wage & Overtime Authority

Employee Statutory Rights (DE)

Employer Mandatory Obligations (DE)

Delaware Statutory Wage & Overtime FAQs

Common Delaware Payroll Compliance Traps & Audit Penalties

Managing payroll or shift workers in Delaware?

Audit Delaware Fast Food & Counter Worker Overtime & Pay

Statutory Compliance Internal Mesh

Delaware Statutory Guides

Compare Delaware Pay Rules

Delaware Profession Tools

Davis-Bacon Prevailing Wages