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Delaware Employment Law Compliance Guide for Small Businesses
Medium Complexity
Delaware requires anti-harassment training for employers with 50+ employees. Pay transparency laws require salary ranges in job postings. Delaware is a popular state for incorporation but employers must still comply with the employment laws of states where employees physically work.
Key Numbers
TIPPED WAGE
$2.23 (tip credit allowed)
Compliance Requirements
⚠Pay Transparency Required
Salary ranges must be included in job postings, including internal promotions. Non-compliance triggers fines and private lawsuits.
✓No State Paid Leave Mandate
Delaware does not require paid sick leave at the state level. Some local jurisdictions may have their own requirements.
★Tip Credit: $2.23 (tip credit allowed)
Employers may pay tipped employees a reduced cash wage if tips bring total compensation to at least the minimum wage.
Federal Thresholds That Apply in Delaware
These federal requirements apply to all Delaware employers based on headcount:
1+ employees: FLSA (wage and hour), IRCA (I-9 verification), EPPA (polygraph), USERRA (military leave)
15+ employees: Title VII (discrimination), ADA (disability), GINA (genetic information), Pregnant Workers Fairness Act
20+ employees: ADEA (age discrimination), COBRA (health continuation)
50+ employees: FMLA (12 weeks unpaid leave), ACA (affordable health coverage or $2,880/employee penalty), EEO-1 reporting
100+ employees: WARN Act (60-day notice for mass layoffs)
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This guide is for informational purposes only and does not constitute legal advice. Employment laws change frequently. Consult a licensed attorney for advice specific to your business. Last updated March 2026.