Delaware Employer HR Compliance Guide

Priority Compliance Actions

• 1Audit and document salary ranges for all positions now to prepare for the September 2027 pay transparency posting requirements under HB 105.
• 2Update job application templates to remove criminal history inquiries and salary history questions to comply with ban-the-box and salary history ban laws.
• 3Implement written wage notification procedures for employees at hire and prior to any wage changes, required for employers with 4 or more employees.
• 4Train managers and HR staff on employees' protected right to discuss wages without retaliation, applicable to all Delaware employers regardless of size.
• 5Review and update leave policies to reflect accrual requirements under the Delaware Healthy Families Act and monitor 2026 effective dates for expanded NICU and other leave mandates.

Leave Laws

Federal FMLA applies to Delaware employers with 50 or more employees, providing up to 12 weeks of unpaid, job-protected leave. Under the Delaware Healthy Families Act, employers with 10 or more employees must provide up to 80 hours of paid sick leave per year; employers with fewer than 10 employees must provide up to 40 hours of unpaid sick leave. Sick leave accrues at one hour per 30 hours worked. Delaware also mandates job-protected NICU leave and other expanded leave protections taking effect mid-2026.

Wage & Hour

Delaware follows federal overtime rules requiring time-and-a-half for hours worked over 40 per week. The state allows a tip credit; tipped employees must receive a direct cash wage of at least $2.23 per hour, with tips bringing total compensation to at least the state minimum wage. Final paychecks for terminated employees are due by the next regular payday. Delaware requires wages to be paid at least twice per month (bi-monthly) for most employees.

Worker Classification

Delaware is an at-will employment state, meaning either party may terminate employment for any lawful reason. Delaware generally applies the ABC test for unemployment insurance purposes, but independent contractor classification for other purposes typically relies on a common law or economic reality analysis. Non-compete agreements are enforceable in Delaware if they are reasonable in scope, duration, and geographic reach, though courts scrutinize overly broad restrictions.

Hiring & Onboarding

Delaware's ban-the-box law (Opportunity for Employment Act) prohibits most employers from inquiring about criminal history on initial job applications; criminal history may be considered later in the hiring process. Delaware prohibits employers from requesting salary history from applicants. Employers must report new hires to the Delaware New Hire Reporting Directory within 20 days of the hire date. Drug testing is permitted but must follow reasonable employer policies; there are no specific state mandates governing private employer drug testing procedures.

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