Delaware employment law compliance requirements

Sexual harassment is a form of sex discrimination prohibited under Title VII.

42 U.S.C. § 2000e-2 · effective Jan 2020

Prohibits employment discrimination based on race, color, religion, sex, or national origin.

42 U.S.C. § 2000e et seq. · effective Jan 2020

WARN notices must include: whether closing/layoff is permanent or temporary, expected date, whether bumping rights exist, name/contact for company representative.

29 U.S.C. § 2102 · effective Jan 2020

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must offer affordable, minimum-value health coverage to full-time employees and their dependents or risk an employer shared responsibility payment.

26 U.S.C. § 4980H · effective Jan 2015

Agreement must advise employee to consult with attorney

29 U.S.C. § 626(f)(1)(E) · effective Oct 1990

Eligible employees entitled to 12 weeks unpaid leave

29 U.S.C. § 2612(a)(1) · effective Aug 1993

Employers must maintain anti-harassment policies

42 U.S.C. § 2000e-2 · effective Jul 1964

Employers meeting size thresholds must participate in the state's paid family and medical leave program and provide written notice to employees.

19 Del. C. § 3701 et seq. · effective Jan 2025 · source

Employers must provide written notice of the right to reasonable accommodations for pregnancy and related conditions to new and existing employees.

19 Del. C. § 716 · effective Sep 2016 · source

Employers with 100 or more employees must provide 60 days' advance written notice before a mass layoff or plant closing.

19 Del. C. § 1901 et seq. · effective Jul 2018 · source

Employers must provide 60 days advance notice of plant closings (50+ employees) or mass layoffs (500+ or 50-499 if 33% of workforce).

29 U.S.C. § 2101 et seq. · effective Jan 2020

60 days advance notice for plant closings and mass layoffs

29 U.S.C. § 2102 · effective Feb 1989

Upon termination of employment, whether voluntary or involuntary, the employer must pay all wages due to the employee by the next regularly scheduled payday.

19 Del. C. § 1103 · effective Jan 2018 · source

Employees 40+ must be given 21 days to consider individual severance agreements

29 U.S.C. § 626(f)(1)(F)(i) · effective Oct 1990

Employees 40+ in group terminations must be given 45 days to consider

29 U.S.C. § 626(f)(1)(F)(ii) · effective Oct 1990

Employees 40+ must be given 21 days to consider a separation agreement that includes a release of age discrimination claims.

29 U.S.C. § 626(f)(1)(F) · effective Jan 2020

In group terminations, employees 40+ must be given 45 days to consider a separation agreement.

29 U.S.C. § 626(f)(1)(H) · effective Jan 2020

Delaware's minimum wage is scheduled to increase to $15.00 per hour. Employers must pay all covered employees at least this rate, with limited exceptions for tipped employees.

19 Del. C. § 902 · effective Jan 2025 · source

Federal minimum wage rate

29 U.S.C. § 206(a)(1) · effective Jul 2009

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must file annual information returns (Forms 1094-C and 1095-C) with the IRS and furnish Form 1095-C to each full-time employee.

26 U.S.C. § 6056 · effective Jan 2015

Private employers with 100 or more employees (and certain federal contractors with 50 or more) must annually file the EEO-1 Component 1 Report with the EEOC, reporting workforce demographic data by job category, sex, race, and ethnicity.

42 U.S.C. § 2000e-8(c) · effective Jan 1966

Employers must provide an unpaid meal break of at least 30 consecutive minutes to employees who work 7.5 or more consecutive hours in a day.

19 Del. C. § 707 · effective Jan 2000 · source

Employers with 50 or more employees in Delaware must provide interactive sexual harassment prevention training to all employees and supervisors.

19 Del. C. § 711A · effective Jan 2019 · source

Employees 40+ must have 7 days to revoke after signing

29 U.S.C. § 626(f)(1)(G) · effective Oct 1990

Employers are prohibited from seeking, requesting, or requiring the wage history of a job applicant as a condition of employment.

19 Del. C. § 709B · effective Dec 2017 · source

Overtime pay for hours worked over 40 in a workweek

29 U.S.C. § 207(a)(1) · effective Oct 1938

Group terminations must disclose job titles and ages of affected employees

29 U.S.C. § 626(f)(1)(H) · effective Oct 1990