Can my employer deduct from my wages?

Deductions are generally limited to those required by law (taxes, garnishments) or authorized in writing by the employee [§ 19-1102]. Unauthorized deductions may violate state wage payment laws.

How do I file a wage claim?

You can file a complaint with the Delaware Department of Labor, Office of Anti-Discrimination or the U.S. Department of Labor Wage and Hour Division. An attorney can help determine the best approach for your situation.

Topic guideUpdated 2026-02-27

Delaware Wage & Hour Claims — Minimum Wage, Overtime & Unpaid Wages

Minimum wage, overtime rules, wage payment requirements, and how to file a wage claim in Delaware.

Delaware has specific laws governing minimum wage, overtime, and the payment of wages §19-1102.

Minimum Wage

$13.25/hr (effective January 1, 2024, with scheduled increases to $15.00/hr by 2025) §19-902.

Overtime

No state overtime law beyond FLSA; federal FLSA overtime rules apply (1.5x regular rate for hours over 40 in a workweek) §19-902.

Wage Payment Requirements

Employers must pay wages on regular paydays at least monthly; pay period may not exceed one month §19-1102.

Final Paycheck Rules

Final wages due on the next regular payday following separation; employer may not withhold wages due §19-1102.

Common Wage Violations

Failure to pay minimum wage

Unpaid overtime or misclassification of exempt/non-exempt status

Unauthorized deductions from wages

Failure to pay final wages on time

Misclassification of employees as independent contractors

Off-the-clock work requirements

How to File a Wage Claim

Gather documentation: pay stubs, time records, employment contract, and written communications about pay

File a complaint with the Delaware Department of Labor, Office of Anti-Discrimination or the U.S. Department of Labor

Consider whether your claim falls under state law, the FLSA, or both

Consult with an employment attorney for complex claims or class actions

⚠The Statute of limitations for wage claims is typically 2 years under the FLSA (3 years for willful violations). State deadlines may differ.

✓Keep your own records of hours worked, especially if your employer does not provide accurate time records. Personal logs and calendars can be powerful evidence.

Prepare for Your Consultation

Quick checklist (Employment Law)

Gather these before your first consultation.

Employment records

(pay stubs, contracts, offer letters)

Communication evidence

(emails, texts, performance reviews)

Witness information

(coworkers who can corroborate)

General preparation tips only. Specific needs depend on your state and employment situation.

No Obligation

Ready to Talk to a Lawyer?

Submit a short intake form and a participating Delaware attorney who handles this type of matter may reach out to you. No commitment required.

Request a Free Consultation →

No attorney-client relationship is created unless you later sign an engagement agreement. Participating attorneys may pay a marketing fee to receive inquiries.

Common Questions