When does overtime start in Delaware?

Delaware's verified weekly overtime threshold in the registry is 40 hours in a workweek for covered nonexempt employees. Some workers and employers may be exempt, and federal law may also apply.

Does Delaware have daily overtime?

Delaware's verified overtime registry does not list a statewide daily overtime trigger. The calculator therefore uses the weekly workweek rule and does not add overtime merely because one shift was longer than eight or twelve hours.

Can daily, weekly, or seventh-day premiums stack in Delaware?

No. This calculator assigns an hour the single highest applicable overtime premium. It does not pay both a daily and weekly premium on the same hour, which avoids double-counting while still preserving the more protective verified trigger.

What does this Delaware overtime calculator not decide?

It does not decide exempt status, whether the employer is covered by the FLSA or state law, how a bonus must be allocated across multiple workweeks, or whether a special industry rule, collective-bargaining agreement, public contract, or local ordinance changes the result.

Delaware Overtime Calculator | State Wage Tools

State

StateAll Delaware tools

Delaware overtime is owed at 1.5 times the regular rate after 40 hours in a workweek. — Source

Calculate Delaware overtime pay

Enter one workweek. The calculator uses straight-time pay for all hours, then adds only the extra overtime premium for hours that qualify.

Delaware overtime rule used by this calculator

Delaware's verified weekly overtime rule pays 1.5 times the regular rate after 40 hours in a workweek. The calculation uses the registry source shown above.

Basic formula

straight-time pay = total hours × hourly rate regular rate = (straight-time pay + includable pay) ÷ total hours overtime premium = premium hours × regular rate × (1.5 − 1) gross pay = straight-time pay + includable pay + overtime premium

Worked example

Delaware: weekly overtime only

45 hours at a single hourly rate weekly overtime hours = 45 − 40overtime premium = premium hours × regular rate × (1.5 − 1)

What this does not determine

Whether the worker is exempt from overtime under state law or the federal FLSA.
Whether the employer is covered by the FLSA, which matters especially when a state rule reaches only non-FLSA employers.
Multi-rate weighted-average regular-rate issues beyond the single additional-pay field.
Public works, prevailing wage, local ordinances, union contracts, agriculture, transportation, or other industry-specific rules.
Whether a bonus or commission must be allocated to a different workweek.

Sources and verification

This page reads the overtime threshold, multiplier, special daily/seventh-day flags, coverage cautions, and source URL from src/data/states.json. The visible source for this page is the verified registry source. Automated tests cover the state's distinctive branch, weekly math, non-stacking of premium hours, and visible result rendering.

Delaware overtime law: federal floor with a state preservation clause

Delaware completed a multi-year minimum wage phase-in at $15.00 per hour on January 1, 2025 (Del. Code tit. 19, § 902(a)(5)), with no further increases scheduled under current statute. For overtime, Delaware Code tit. 19, § 912 preserves more favorable FLSA standards — meaning Delaware does not create new overtime protections, but it also does not allow employers to use the state act to undercut the FLSA. The federal 29 U.S.C. § 207 weekly-40 rule governs overtime for all covered employees.

Delaware has no daily overtime rule, no seventh-consecutive-day premium, and no local minimum wage variation — the $15.00 rate is uniform statewide. The state's Paid Family Medical Leave insurance program (enacted 2022) is a separate benefit system unrelated to overtime calculations.

The Delaware Department of Labor (labor.delaware.gov) handles wage and hour complaints under the Delaware Code. For FLSA overtime violations at federally covered employers, the U.S. DOL Wage and Hour Division is the federal enforcement path. Delaware does not have a separate state agency wage-claim process specifically for overtime disputes beyond the general labor department intake.

How does Delaware compare to its neighbors? New Jersey has a multi-tier minimum wage system — most employers pay $15.92/hr in 2026, while seasonal or small employers (fewer than six employees) pay $15.23/hr and agricultural workers $14.20/hr — all with CPI-influenced annual increases. Delaware's flat $15.00 with no further increase mechanism means it will fall behind New Jersey's schedule. Maryland completed a $15.00 statewide floor under the Fair Wage Act of 2023, but Maryland's agricultural workers have an OT threshold of 60 hours per week, unlike Delaware's standard 40-hour federal rule. Pennsylvania to the west similarly sets its minimum wage at $7.25 — far below Delaware's $15.00.

Common questions

Did Delaware's $15 minimum wage completion change overtime rules?

No. Delaware completing its phase-in to $15.00 on January 1, 2025 only affected minimum wage. Overtime rules in Delaware come from the federal FLSA — time-and-a-half after 40 hours — and Delaware Code tit. 19, § 912 simply preserves that federal standard without creating additional state-specific rules.

Does Delaware have a daily overtime requirement?

No. Delaware has no daily overtime rule. Overtime in Delaware is triggered only after 40 hours in the workweek under the federal FLSA. A 12-hour shift earns straight time for all 12 hours unless the weekly total exceeds 40.

Where do I file an overtime complaint in Delaware?

The Delaware Department of Labor (labor.delaware.gov) handles wage complaints under Delaware Code. For FLSA overtime violations, the U.S. DOL Wage and Hour Division is also available. Delaware's overtime framework is coextensive with federal law, so both avenues produce the same standard.

How does Delaware's overtime compare to New Jersey and Maryland?

New Jersey's N.J.S.A. 34:11-56a mirrors the FLSA 40-hour threshold. Maryland's Labor and Employment Article also uses weekly-40 but with a special 60-hour threshold for agricultural workers — a variation Delaware does not have. All three states reach the same 40-hour threshold for most workers, but New Jersey and Maryland have more complex minimum wage tiers than Delaware's flat $15.00 rate.