Delaware follows Federal FLSA overtime rules with a state minimum wage of $15.00/hr. From banking in Wilmington to poultry on the Eastern Shore, we fight to recover unpaid overtime for Delaware workers.
No fees unless we win. We only get paid when you do.
Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).
Delaware's overtime rules match FLSA: 1.5x for hours over 40. The state minimum wage is $15.00/hr β higher than federal β which increases your overtime rate.
| Protection | Delaware | Federal (FLSA) |
|---|---|---|
| Minimum Wage | $15.00/hr | $7.25/hr |
| Overtime Rule | Follows FLSA | 1.5x after 40 hours |
| Tipped Wage | $2.23/hr | $2.13/hr |
| Statute of Limitations | 2 Years | 2 Years (3 if Willful) |
| Damages | Unpaid Wages | Double Damages (Liquidated) |
Wilmington: Loan processors, IT support staff, and operations workers misclassified as "exempt professionals" despite performing routine tasks.
Lab technicians and plant operators denied overtime through misclassification as exempt, despite performing hands-on production work.
Nurses and home health aides facing automatic lunch deductions despite working through breaks at Delaware hospitals and care facilities.
Sussex County: Plant workers denied pay for donning/doffing gear, sanitizing, and mandatory pre-shift meetings in Delaware's large poultry industry.
Cash payments and straight-time for overtime, particularly common in the residential construction boom along the coast.
Rehoboth Beach: Seasonal hotel and restaurant workers denied overtime during peak summer hours.
Banking, Corporate, & Pharma:
Government, Logistics, & Retail:
Poultry, Tourism, & Agriculture:
Under Federal Law, you are typically entitled to "Liquidated Damages," which means you get $2 for every $1 you were underpaid.
Recover unpaid wages for the last 2 years (standard) or 3 years (if the violation was willful).
The employer must pay your legal fees and court costs if you win.
Delaware's overtime claims are filed under Federal FLSA β our core specialty. We partner with experienced Delaware local counsel to bring specialized wage and hour expertise to workers across the District of Delaware, from Wilmington's corporate corridor to Sussex County's agricultural heartland.
We Level the Playing Field
Large employers have legal teams. With our national network, so do you.
Expert legal review of your overtime claim. No fees unless we win. Use the calculator above to estimate your recovery, then contact us for a detailed case analysis.