Final pay · DE

Delaware — Final Paycheck & Wage Rules

Statutory final-paycheck deadline, waiting-time penalty, 2026 minimum wage, overtime overlay, and PTO-payout rule for Delaware. Each row primary-source-cited.

Statute-verifiedLast verified May 8, 2026

Final paycheck — discharged

Next regular payday

Discharge or quit: wages due on next regular payday. 19 Del. C. §1103(a). If not paid within 7 days of next payday, liquidated damages apply.

19 Del. C. §1103

Final paycheck — voluntary quit

Next regular payday

Same — next regular payday. 19 Del. C. §1103.

19 Del. C. §1103

Waiting-time penalty

Liquidated damages of 10% of unpaid wages per day after 7-day grace period, up to amount equal to unpaid wages. 19 Del. C. §1103(b).

19 Del. C. §1103(b)

Minimum wage (2026)

$15.00/hr

Effective January 1, 2025

Tipped: $2.23/hr

19 Del. C. §902

Overtime rules

40-hour workweek @ 1.5×

Delaware follows the federal FLSA 40-hour weekly threshold. No state-specific daily overtime overlay.

FLSA 29 U.S.C. §207 (Delaware defers to FLSA for OT)

PTO payout

policy dependent

Depends on employer policy

State law does not require PTO payout, but if the employer's written policy promises payout (or is silent), accrued PTO may still be owed. Read your handbook.

Delaware Final-Paycheck Decoder

Enter your separation date + hourly rate. The decoder computes your statutory deadline and an estimated maximum waiting-time penalty.

Final-Paycheck Decoder

Privacy-first — your inputs never leave your browser

State, termination type, hours, willful-failure standard. Get your statutory deadline + waiting-time-penalty estimate with primary-source statute cite. Informational, not legal advice.

Your state

Termination type

Date of separation

Hourly rate (USD)For salaried, divide annual by 2,080Typical hours per day

Did your employer dispute the wages owed in good faith?In CA-class states, the waiting-time penalty applies only if the employer willfully fails to pay. A good-faith dispute over the amount may waive the penalty.

I'm not sureYes, they had a real disputeNo — they just didn't pay

If your wages are unpaid past the deadline

File a wage claim — start here

Federal: DOL Wage & Hour Division (1-866-487-9243). Free, no attorney needed.
State: DE state labor agency claim form. Often faster than federal for in-state employers.
Larger or willful claims: consult a licensed employment-law attorney. State-bar lawyer-referral services are the standard starting point. How to choose.

Some links above are referral-partner affiliate links once vetted; the federal and state government links are not. Lawyer referrals are subject to state-bar advertising rules in your jurisdiction.

Legal review

Pending

Reviewer credential verification in progress

We are retaining a US employment-law attorney to review every state page on this site before it leaves the dev preview. Once retained, the reviewer's name, bar number, state of admission, and signoff date will appear on every state page and on /about. Until then, treat statute citations as informational, not legal advice. Last data verification: May 8, 2026.

File a Delaware wage claim

Send a written demand to your employer with the amount owed, statute cite, and a 7-day deadline.
File with Delaware state labor agency (no attorney needed).
Or file federal: DOL Wage & Hour Division (1-866-487-9243).
Your civil-suit deadline (statute of limitations) in Delaware: 1 year from the date wages first became due. source

Disclaimer: This page is informational and is not legal advice. Delaware statutes are amended over time; we re-verify quarterly and annually for January 1 minimum-wage updates. Specific applications depend on facts your employer may dispute. For advice on your specific situation, consult a licensed Delaware employment-law attorney. WageTheftMap is a Desymphony portfolio property.