Employment in Delaware
This page covers employment as it applies in Delaware — the state and federal laws that govern it, filing deadlines, where to get help, and notable in-state decisions. For what employment protects generally, see the national overview.
Compiled from primary legal sourcesNot legal adviceHow we source this
Laws that govern employment in Delaware
Delaware state law
- Delaware Criminal Code › General Provisions Concerning OffensesDE 11 § 11-222
Cited in 1 court decisions on this topic's terms.
- The Delaware Memorial BridgeDE 17 § 17-305
Cited in 1 court decisions on this topic's terms.
- Unemployment Compensation › Unemployment Compensation › General ProvisionsDE 19 § 19-3302
Cited in 1 court decisions on this topic's terms.
- Aeronautics › Regulation › General ProvisionsDE 2 § 2-102
Cited in 1 court decisions on this topic's terms.
- Organization, Powers, Jurisdiction and Operation of Courts › The Family Court of the State of Delaware › ProcedureDE 10 § 10-1007
- Organization, Powers, Jurisdiction and Operation of Courts › The Family Court of the State of Delaware › ProcedureDE 10 § 10-1009
Federal law
- Title 29 — Labor
The U.S. Code title that houses these federal statutes.
- Title 42 — the Public Health and Welfare
The U.S. Code title that houses these federal statutes.
- Title VII of the Civil Rights Act of 1964
Prohibits employment discrimination based on race, color, religion, sex, and national origin. Codified at 42 U.S.C. §§ 2000e et seq.
- Family and Medical Leave Act of 1993
Federal law allowing eligible employees of covered employers up to 12 weeks of unpaid leave for specified family and medical reasons. Codified at 29 U.S.C. §§ 2601 et seq.
- Americans with Disabilities Act of 1990
Civil-rights law prohibiting discrimination based on disability in employment, public services, public accommodations, and telecommunications. Codified at 42 U.S.C. §§ 12101 et …
- National Labor Relations Act
Foundational federal law guaranteeing the right of private-sector employees to organize and bargain collectively. Codified at 29 U.S.C. §§ 151 et seq.
- Labor Management Relations Act of 1947 (Taft-Hartley Act)
Amended the NLRA to restrict union activities, prohibit closed shops, and permit state right-to-work laws. Codified at 29 U.S.C. §§ 141–197.
- Occupational Safety and Health Act of 1970
Created OSHA. Sets workplace safety standards for most private-sector employers. Codified at 29 U.S.C. ch. 15.
- Worker Adjustment and Retraining Notification Act
Requires employers with 100+ employees to give 60 days’ advance notice of plant closings and mass layoffs. Codified at 29 U.S.C. §§ 2101–2109.
- Equal Pay Act of 1963
Amended the FLSA to prohibit sex-based wage discrimination between men and women performing equal work. Codified at 29 U.S.C. § 206(d).
- Davis-Bacon Act
Requires payment of locally prevailing wages on federally funded construction projects. Codified at 40 U.S.C. §§ 3141–3148.
- Fair Labor Standards Act of 1938
Federal law establishing minimum wage, overtime pay, recordkeeping, and child labor standards. Codified at 29 U.S.C. §§ 201 et seq.
- Employee Retirement Income Security Act of 1974
Federal law setting minimum standards for most voluntarily established retirement and health plans in private industry. Codified at 29 U.S.C. §§ 1001 et seq.
Where to go & how to get help
Government agencies and non-profit legal-help organizations for employment in Delaware.
Accepts charges of federal employment discrimination under Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act within 300 days of the discriminatory act in New Jersey.
Official U.S. government starting point for finding free or low-cost legal help and legal-aid programs near you.
Locate the LSC-funded legal-aid organization that serves your county for civil (non-criminal) legal problems.
Find your state or local bar association lawyer-referral service and free legal-answer programs.
Find your state attorney general to file consumer-protection, civil-rights, or other complaints.
Not legal advice. State-specific statutes, deadlines and procedures are being sourced and will appear here.