Delaware FLSA Laws: Your Guide to Compliance
Secure Your Business with Delaware-Specific FLSA Auditing
Minimum Wage in Delaware
- Federal FLSA: $7.25/hour.
- Delaware Law: $13.25/hour (non-tipped) as of January 1, 2024, rising to $15.00/hour on January 1, 2025 (Delaware Code, Title 19, § 902). Tipped employees: $2.23/hour with a $12.77 tip credit (adjusted to meet $15.00 total). No automatic CPI increases after 2025.
- What You Need to Know: Higher state rate applies—violations can lead to double damages and fines up to $5,000 per offense.
Overtime Pay
- Federal FLSA: 1.5x regular rate for hours over 40/week.
- Delaware Specifics: Matches federal 40-hour rule. Overtime based on state minimum wage ($22.50/hour in 2025). No fluctuating workweek method allowed (Delaware Code, Title 19, § 902).
- Risk: Misclassifying exempt employees or skipping overtime can trigger DOL or state penalties.
Child Labor
- Delaware Rules: Minors under 14 restricted to limited roles; 14–15 capped at 3 hours/school day, 8 hours/non-school day; 16–17 barred from hazardous jobs. Work permits required under 18 (Delaware Code, Title 19, § 504).
- Federal FLSA: Aligns, but Delaware’s permit rule is stricter—state law applies.
Recordkeeping
- Federal FLSA: 3-year retention of payroll and hours records.
- Delaware Addition: 3 years minimum, with detailed pay stubs required showing hours, wages, and deductions (Delaware Code, Title 19, § 906).
Enforcement & Penalties
- Federal: DOL penalties, back wages, up to $1.2M average for violations.
- Delaware: Double damages for unpaid wages, fines from $1,000 to $5,000 per violation, enforced by DE DOL (Delaware Code, Title 19, § 911).
Why It Matters for Your Business
- CFOs and Managers: Delaware’s new $15.00 minimum wage in 2025 and double-damage penalties increase compliance stakes. A payroll error—like misapplied tip credits—could cost thousands in fines or lawsuits.
- Avoid Costly Mistakes: Stay compliant with expert FLSA auditing tailored to Delaware laws.
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