What Delaware law adds on top of federal law for nurses and EMS, and who to call.
Every rule here was read on the statute, regulation or agency page it cites. Checked November 10, 2026.
General information, not legal advice. Laws change and your facts decide how they apply. Before you act, confirm with the agency listed here or with an employment lawyer or your union representative.
Who to call in Delaware
Delaware Department of Labor, Division of Industrial Affairs (Office of Wage & Hour)Unpaid wages and state labor complaints. Start a complaint
U.S. Department of Labor, Wage and Hour DivisionUnpaid wages and overtime, PUMP Act, FMLA. Contact · 1-866-487-9243
OSHAPrivate-employer safety complaints, and retaliation for raising safety (30 days under the OSH Act). Public employees: see Unions and public employers. Contact
Whether you quit, resign, are fired, suspended or laid off, your final wages are due on the later of your next regular payday or three business days after your last day worked.
Who it covers: Employees of private employers in Delaware.
Limits and exceptions to know (the law may have others; read the source):
Doesn't cover federal, State of Delaware, county or city employees, or independent contractors. (19 Del. C. § 1101(a))
"Whenever an employee quits, resigns, is discharged, suspended, or laid off, the wages earned by the employee become due and payable by the employer on the later of the following: a. The next date the wages would be paid through the last day worked under the employer's regular pay cycle as if the employment had not stopped. b. Three business days after the last day worked."
Work 7.5 or more consecutive hours and you must get an unpaid meal break of at least 30 straight minutes, sometime after your first 2 hours and before your last 2.
Who it covers: Employees in Delaware.
Limits and exceptions to know (the law may have others; read the source):
The Secretary of Labor can grant exemptions for public safety, one-person positions, fewer than 5 employees on a shift, or continuous operations where meal breaks are paid.
A union contract or other written agreement between you and your employer can set different meal-break terms. (19 Del. C. § 707(a))
"An employer must allow an employee an unpaid meal break of at least 30 consecutive minutes, if the employee works 7 1 / 2 or more consecutive hours. The meal break must be given some time after the first 2 hours of work and before the last 2 hours."
For Delaware we have not yet confirmed state rules on mandatory overtime, staffing ratios, plans and committees. That does not mean Delaware has no rule on them: we leave a topic off until we have read it at the source, and only federal rules are shown for it here.