Delaware · Unpaid wages · Updated Oct 2026

Delaware wage claims: how to get your unpaid pay

Not paid for all your hours, no overtime, or no final paycheck? Here is Delaware’s minimum wage, the final-paycheck rules, the deadlines and where to file, in plain English.

$15.00minimum wage in 2026
$2.23tipped cash wage
Nodaily overtime
Payday or 3 business daysfinal pay if fired
2 yearstime limit to file (see details)

Where to file in Delaware

Wage claims in Delaware go to this state office. Filing is usually free.

Office
Delaware Department of Labor, Division of Industrial Affairs - Office of Labor Law Enforcement (Wage and Hour)
Phone
302-761-8200
Languages
Workplace resources in English, Spanish and Haitian Creole
Claim limit
$25,000. The Office only accepts wage claims worth $25,000 or less.
Official wage claim page

For federal minimum wage and overtime you can also contact the US Department of Labor, Wage and Hour Division: 1-866-487-9243. How federal claims work.

How to file a wage claim in Delaware

  1. Gather your records

    Dates and hours worked, your pay rate, pay stubs or bank deposits, texts or schedules, and the employer's name and address.

  2. Ask in writing first (optional)

    A demand letter gives your employer a deadline to pay and shows you tried. Use the free letter on this page.

  3. File with Delaware Department of Labor

    Fill out the Delaware Department of Labor Wage Claim Form and send it with copies of pay stubs, payroll records and any written agreements by email ([email protected]), fax (302-622-4105), mail, or in person at the Wilmington, Newark, Dover or Georgetown offices. Complete every section that applies (for example, the tip section if you are claiming tips), or the form may be returned. The Department investigates, can settle the claim with your consent, and can take your employer to court to collect. Filing is free. If you are in a union, you must first use your union grievance process.

  4. Watch the deadline

    2 years from the date the wages were due (10 Del. C. § 8111). The Department says you must file your claim with it at least 90 days before the 2 years run out.

Minimum wage and overtime in Delaware

Delaware's minimum wage is $15.00 an hour (since January 1, 2025) (19 Del. C. § 902). No further increase is scheduled in the law. If the federal minimum wage ever goes higher, Delaware's rate matches it.

Minimum wage (2026)
$15.00
Tipped cash wage
$2.23

Overtime

Delaware has no state overtime law of its own. Under federal law, covered workers get 1.5 times their regular rate for hours over 40 in a workweek. There is no daily overtime.

Paydays: At least once a month on regular paydays set in advance, and within 7 days after the end of the pay period (19 Del. C. § 1102).

Your final paycheck in Delaware

If you are fired or laid off
By the later of (a) the next regular payday for the period you worked, or (b) 3 business days after your last day worked. You can ask for it to be mailed.
If you quit
Same rule as being fired: the later of the next regular payday or 3 business days after your last day. This also applies if you are suspended or laid off.
Law
19 Del. C. § 1103(a)

When was your final paycheck due in Delaware?

Enter how your job ended and your last day of work. We show your state’s rule and, when the rule is a simple number of days or your next payday, the date.

Enter your last day of workThe result appears when you pick a date.

Dates are approximate: we skip weekends for business and working days but not holidays. Nothing you type here is sent anywhere.

Penalties your employer may owe

If your employer fails to pay wages on time without a reasonable dispute, it also owes you liquidated damages of 10% of the unpaid wages for each day the failure continues (not counting Sundays and holidays), up to an amount equal to the unpaid wages (19 Del. C. § 1103(b)). If you win in court, the employer must pay your court costs and reasonable attorney's fees (19 Del. C. § 1113; for minimum wage, § 911). The state can also fine employers $1,000 to $5,000 per violation (19 Del. C. §§ 910, 1112), and $2,000 to $20,000 per violation for 'wage theft' such as paying below minimum wage or misclassifying workers (19 Del. C. § 1102A(j)).

Retaliation and immigration status

An employer that fires or discriminates against you for complaining or giving information to the Department, starting a proceeding, or testifying faces a civil penalty of $1,000 to $5,000 per violation (19 Del. C. §§ 910(b), 1112(b)); if the retaliation is about a wage-theft complaint, the penalty is $20,000 to $50,000 per violation (19 Del. C. § 1102A(j)(2)).

Federal law also makes it illegal to fire or punish you for filing a wage complaint or cooperating in an investigation (US DOL Fact Sheet #77A).

The US Department of Labor’s Wage and Hour Division enforces federal wage law without regard to immigration status, and its services are free and confidential whether you are documented or not (US DOL).

Deductions and tips

Your employer may not withhold any part of your wages unless required by law, for medical care with no profit to the employer, or with your signed authorization for a lawful purpose that benefits you (19 Del. C. § 1107). Tipped workers (more than $30 a month in tips) can be paid a cash wage of $2.23 an hour if tips bring them up to $15.00; a mandatory service charge belongs to the server unless the customer is clearly told it goes to management (19 Del. C. § 902).

Good to know in Delaware

  • Delaware's wage claim deadline is effectively 21 months, not 2 years: the Department needs your claim at least 90 days before the 2-year limit.
  • Paying less than minimum wage or misclassifying a worker as an independent contractor counts as 'wage theft' under 19 Del. C. § 1102A, and the Department can impose civil penalties.

Forms

Wage-theft calculator for Delaware

Work out what you should have been paid: at least the minimum wage for every hour, plus overtime. Then compare it with what you got.

If a higher city or county minimum wage applies where you work, enter that rate if it is more than you were promised.

Before taxes, if you know it. Leave it empty to see only what you were owed.

Fill in your pay, hours and weeksThe result appears as you type.

Delaware overtime rule: Delaware has no state overtime law of its own. Under federal law, covered workers get 1.5 times their regular rate for hours over 40 in a workweek. There is no daily overtime.

Penalties your employer may also owe in Delaware: If your employer fails to pay wages on time without a reasonable dispute, it also owes you liquidated damages of 10% of the unpaid wages for each day the failure continues (not counting Sundays and holidays), up to an amount equal to the unpaid wages (19 Del. C. § 1103(b)). If you win in court, the employer must pay your court costs and reasonable attorney's fees (19 Del. C. § 1113; for minimum wage, § 911). The state can also fine employers $1,000 to $5,000 per violation (19 Del. C. §§ 910, 1112), and $2,000 to $20,000 per violation for 'wage theft' such as paying below minimum wage or misclassifying workers (19 Del. C. § 1102A(j)).

Tipped workers: this calculator does not count tips. In many states your employer may pay a lower cash wage if your tips make up the difference to the minimum wage; see your state’s page.

An estimate from the numbers you enter and Delaware’s rules, not legal advice. Nothing you type in this calculator is sent anywhere.

Free demand letter for unpaid wages

A short, firm letter asking your employer to pay what it owes by a deadline. Many workers get paid at this step, and in some states a written demand starts penalties or makes the employer pay your attorney fees later. Fill this in, then download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail or an email you keep.

When you download or copy the letter, the details you typed are saved on our server. See our privacy policy.

The name on your pay stubs, checks or the business sign. If you only know the owner’s name, use that.

Use the calculator above if you are not sure.

We suggest 10 days.

What were you not paid? (required)

One or two sentences with dates, hours and amounts.

Questions about wage claims in Delaware

Where do I file a wage claim in Delaware?

With Delaware Department of Labor, Division of Industrial Affairs - Office of Labor Law Enforcement (Wage and Hour). Phone: 302-761-8200. Fill out the Delaware Department of Labor Wage Claim Form and send it with copies of pay stubs, payroll records and any written agreements by email ([email protected]), fax (302-622-4105), mail, or in person at the Wilmington, Newark, Dover or Georgetown offices. Complete every section that applies (for example, the tip section if you are claiming tips), or the form may be returned. The Department investigates, can settle the claim with your consent, and can take your employer to court to collect. Filing is free. If you are in a union, you must first use your union grievance process.

What is the minimum wage in Delaware in 2026?

Delaware's minimum wage is $15.00 an hour (since January 1, 2025) (19 Del. C. § 902). No further increase is scheduled in the law. If the federal minimum wage ever goes higher, Delaware's rate matches it.

Does Delaware have daily overtime?

Delaware has no state overtime law of its own. Under federal law, covered workers get 1.5 times their regular rate for hours over 40 in a workweek. There is no daily overtime.

When is my final paycheck due in Delaware if I'm fired?

By the later of (a) the next regular payday for the period you worked, or (b) 3 business days after your last day worked. You can ask for it to be mailed.

When is my final paycheck due in Delaware if I quit?

Same rule as being fired: the later of the next regular payday or 3 business days after your last day. This also applies if you are suspended or laid off.

How long do I have to file a wage claim in Delaware?

2 years from the date the wages were due (10 Del. C. § 8111). The Department says you must file your claim with it at least 90 days before the 2 years run out.

What can my employer owe besides my wages in Delaware?

If your employer fails to pay wages on time without a reasonable dispute, it also owes you liquidated damages of 10% of the unpaid wages for each day the failure continues (not counting Sundays and holidays), up to an amount equal to the unpaid wages (19 Del. C. § 1103(b)). If you win in court, the employer must pay your court costs and reasonable attorney's fees (19 Del. C. § 1113; for minimum wage, § 911). The state can also fine employers $1,000 to $5,000 per violation (19 Del. C. §§ 910, 1112), and $2,000 to $20,000 per violation for 'wage theft' such as paying below minimum wage or misclassifying workers (19 Del. C. § 1102A(j)).

Can my employer fire me for filing a wage claim in Delaware?

An employer that fires or discriminates against you for complaining or giving information to the Department, starting a proceeding, or testifying faces a civil penalty of $1,000 to $5,000 per violation (19 Del. C. §§ 910(b), 1112(b)); if the retaliation is about a wage-theft complaint, the penalty is $20,000 to $50,000 per violation (19 Del. C. § 1102A(j)(2)).

Employer still won't pay? Small claims court is often the next step for amounts under the state limit.

Small claims in Delaware
Sources

Last checked: Oct 2026.

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