Delaware Labor Laws

Employment & Labor Laws in Delaware

Under Delaware law, employers with four or more employees cannot discriminate against their workers on the basis of race, marital status, genetic information, color, age, religion, sex, sexual orientation, gender identity, national origin, volunteer emergency responder status, status as a victim of domestic violence, sexual offenses, or stalking, reproductive health decisions, and family responsibilities. Additionally, it is illegal for employers to require an employee to sign any document that would bar them from discussing their wages or those of another employee, disciplining them for such discussion, or discriminating against them for it. Those found to be in violation of these laws face hefty fines and possible criminal charges. Therefore, employers should always make sure they are familiar with the relevant local and state laws when formulating their hiring and workplace practices.

Delaware Labor Law Breaks

The United States does not have any federal laws in regard to required mealtime breaks. Because of this thirty-one states do not have required breaks for meals after any period of time. Delaware however has passed a mealtime requirement law at the state level. When an employee works a seven-and-one-half-hour or more shift, he or she is entitled under law to a thirty-minute break for a meal. There is one stipulation that does apply: employees must have worked at least two hours prior to taking a meal break and employees must take a meal break at least two hours prior to clocking off.

Some kinds of employees, like teachers, are exempt from this law. Delaware law only covers businesses that have five or more employees on a single shift. Delaware truck drivers are required to take mealtime breaks when traveling long distances, as stated by the Department of Transportation. Similarly, restroom breaks are often not mandatory but most businesses and companies allow employees a timely break for necessities.

For every 5 hours of work in a row, employees under the age of 18 receive 30 minutes.

Unpaid Leave

The Family and Medical Leave Act is an act created at the federal level that requires employers to allow employees to take leave for medical issues and health conditions. This kind of family or health leave can be no longer than twelve weeks and must be used continuously and not broken into several months’ time. The Family and Medical Leave Act requires an employer to provide the employee with his or her same job or a job of equal pay upon return. This kind of leave also includes maternity leave, which allows a mother to bond with her newborn or parents to bond with their recently adopted child.

Medical or family leave is unpaid leave, which means the state of Delaware does not require employers to pay employees during their time of absence. However, some employers may choose to create payment plans for leave but are not required to do so. Union contracts and other benefits may allow for extra payment along with protection from termination. Employers are not allowed to terminate a pregnant employee on the grounds of expectancy or necessity for leave. However if a company or business is downsizing or must eliminate employees, pregnant employees, and employees on leave are subject to termination, if necessary.

Delaware Overtime and Wages

Delaware, unlike other states, does not have any state law regulating overtime. Thus Delaware claims the federal law for overtime where employees are to be paid time and a half after working forty hours in a single week. Employers are also not required to pay employees for holidays. Employers are not required to give employees time off for holidays nor pay them extra for working a holiday.

The Fair Minimum Wage Act of 2007 states that no state can have a minimum wage below seven dollars and twenty-five cents per hour. The Fair Wage Act amended the Fair Labor Standards Act of 1938 and raised the federal minimum wage from five dollars and fifteen cents. As such Delaware raised its minimum wage to the federal minimum.

Delaware Immigration Verification and Discrimination

The State of Delaware does not currently require employers to use any additional employment verification procedures beyond the federal I-9 compliance. This means that all employees are subject to the same basic laws and regulations.

According to Del. Code tit. 19 § 1703, discrimination on the basis of immigration or citizenship status is strictly prohibited under Delaware law. Employers cannot resort to threatening or discharging workers on these grounds, nor can they report an employee’s suspected or actual immigration status – or that of their family members – to government authorities. Together, these measures ensure a fair and equitable working environment for all residents in the state, regardless of their background or origin.

FAQs about Delaware Labor Laws

How many hours straight can you legally work in Delaware?

Delaware labor laws state that employees must receive at least 30 minutes of rest or meal time when they have worked for more than six hours. This means that an employee cannot work a shift of more than six hours without receiving a break.

How many hours can you work without a break in Delaware?

Employees in Delaware are entitled to a 30-minute rest or meal period after working six hours. Therefore, an employee cannot work more than six consecutive hours without taking a break.

What is the employment contract law in Delaware?

In Delaware, employment contracts must be in writing and can include verbal agreements between employers and employees. Both parties must comply with the terms outlined in the agreement for it to be valid, and any breach of these terms may result in sanctions or legal action.

What is considered wrongful termination in Delaware?

Wrongful termination occurs when an employer unlawfully terminates an employee’s employment for reasons such as discrimination, retaliation, whistleblowing, or violation of public policy. An employer must provide valid evidence for terminating an employee’s contract if they wish to avoid accusations of wrongful termination.

What is the longest shift you can work without a break?

Under Delaware labor laws, employees are entitled to receive at least 30 minutes of rest or meal time when they have worked for more than six hours. This means that an employee cannot work a shift of more than six hours without taking a break.

How many breaks do you get in a 12 hour shift in Delaware?

Under Delaware labor law, employees are entitled to two 30-minute breaks when they work shifts of 8 hours or longer. Therefore, an employee working a 12-hour shift would be provided with two separate 30-minute breaks.

Can an employer fire you for no reason in Delaware?

Generally speaking, employers must provide legitimate justifications or evidence for dismissing an employee to remain compliant with Delaware law. In other words, firing someone for no reason would likely constitute wrongful termination and can result in legal action taken against the employer.

Is it illegal to discuss wages in Delaware?

Discussing wages is not illegal in Delaware; however, employers may stipulate restrictions on discussions of wages within their organization or contracts. Employers should ensure they are familiar with relevant state laws before setting any workplace rules pertaining to wage discussions.

How do you argue wrongful termination?

To argue wrongful termination, one must present evidence that suggests the employee was unlawfully dismissed from their position. Such evidence could include proof of discrimination or retaliation, documents outlining violations of public policy, or evidence of whistleblowing activity.

Is it illegal to not pay overtime in Delaware?

Overtime pay is mandated by federal and state law in Delaware. An employer who fails to pay their employees’ required overtime rate can be held liable for violation of these laws.

Are lunch breaks paid in Delaware?

Lunch breaks are unpaid in Delaware unless otherwise specified in an employee’s job description or contract. Otherwise, employers must provide at least 30 minutes of rest or meal time for employees who have worked more than six consecutive hours.

Are 15 minute breaks required by law in Delaware?

Unfortunately, there is no specific mandatory amount of time allotted for rest periods under Delaware labor laws and regulations; however, employers must provide at least 30 minutes of rest or meal time when their employees have worked more than six hours consecutively.