Delaware’s overtime laws are closely tied to federal regulations, but the state has unique provisions regarding minimum wage and statute of limitations. While Delaware doesn’t have its own comprehensive overtime law, employees are protected by the Fair Labor Standards Act (FLSA).
Key Points About Overtime in Delaware:
Delaware has a higher minimum wage than the federal rate. In 2024, it was $13.25 per hour, increasing to $15.00 per hour in 2025. This benefits Delaware employees, who are entitled to the higher state minimum wage.
Delaware has a 3-year statute of limitations for overtime claims under the Delaware Wage Payment and Collection Act. This applies to both standard and willful violations, giving employees more time to file a claim than under federal law.
Delaware employees can typically recover the following damages under federal law:
Understanding overtime laws in Delaware requires navigating both federal and state regulations. If you believe your employer has violated your rights, it’s crucial to seek legal counsel. Our experienced overtime attorneys can help you understand your options and pursue a claim for unpaid wages.
Our unpaid overtime attorneys based in Dallas, Texas have national unpaid overtime litigation experience in federal courts throughout the United States. Mr. Siegel has personally represented clients in wage and hour suits in at least 20 states, including Alaska, Arizona, California, Colorado, Illinois, Louisiana, Massachusetts, Michigan, Missouri, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Pennsylvania, Tennessee, Texas, and Virginia.
