Delaware Employment Contract Template

A Delaware employment contract is a written document that sets out the relationship between an employer and employee. It covers duties, pay, benefits, and how employment may end. Unless otherwise agreed, jobs in Delaware are presumed to be at-will.

• At-will employment: Delaware follows the at-will standard, though exceptions apply for discrimination, retaliation, or implied promises.
• Minimum wage: $15.00/hour as of January 1, 2025.
• Overtime: Covered employees earn 1.5× their regular rate after 40 hours in a week, consistent with the Fair Labor Standards Act.
• Meal/rest breaks: Delaware law requires a 30-minute consecutive meal break if an employee is scheduled to work 7.5+ hours in a day. The break must occur after the first 2 hours and before the last 2 hours of the shift. Certain exemptions apply, such as for shifts with fewer than 5 employees, continuous operations, certain industries, or specific safety concerns.
• Paid leave: Delaware’s Paid Family and Medical Leave program covers most employers with 10+ workers. Starting Jan. 1, 2026, eligible employees can take up to 12 weeks per year (parental, health, caregiving, or military leave) at 80% pay (max $900/week). Employers with 10–24 workers provide parental leave only; 25+ provide full coverage. Contributions began Jan. 1, 2025.
• Pay frequency: Wages must be paid at least monthly and within 7 days after the end of each pay period (19 DE Code § 1102). If payday falls on a non-workday, payment must be made on the preceding workday. Final wages are due on the next regular payday, whether an employee quits or is discharged. Employers must also provide written notice of pay rates, pay dates, and benefits at hire, plus itemized pay statements.
• Final pay: Wages are due by the next payday or within 3 business days of the last day worked, whichever is later. Employers may owe liquidated damages for late payment. (19 DE Code § 1103)
• Child labor: The minimum age for employment is 14. Minors under 18 need a work permit. Ages 14–15 face strict limits on daily and weekly hours and cannot work late nights. Ages 16–17 cannot exceed 12 combined school/work hours per day and must have an 8-hour rest period. Minors cannot work in hazardous jobs as defined by state and federal law.
• Non-competes: Enforceable if limited in scope, geography, and duration. Delaware courts often reject overly broad restrictions, especially for low-wage employees.
• E-signatures: Valid under Delaware’s adoption of the Uniform Electronic Transactions Act (UETA).
• Recordkeeping: Employers must retain wage and employment records for at least three years.

Writing a Delaware employment contract means clearly setting pay, duties, benefits, and workplace rules while following state and federal law.

• Start with the basics: List the employer and employee names, job title, start date, and work location. Delaware requires written notice of pay rate, paydays, and benefits at hire.
• Define job role: Outline job duties, supervisor, and work schedule. Clarify if the role is exempt or non-exempt for overtime.
• Set pay and frequency: State the wage (minimum $15/hour as of 2025), pay period (at least monthly), and how overtime will be handled (1.5× after 40 hours/week).
• Add breaks and leave policies: Include the required 30-minute meal break for shifts of 7.5+ hours, plus any employer-provided rest breaks. Define sick leave and PTO, and explain Delaware Paid Leave rules if applicable to your business size.
• Cover minors if hiring under 18: Note work permit requirements, hours restrictions, and prohibited jobs for younger workers.
• Include confidentiality and restrictions: Add NDAs or invention assignment clauses as needed. If using a non-compete, keep scope, geography, and duration narrow to avoid unenforceability.
• Explain termination and final pay: Confirm at-will status unless you plan limits. State that final wages are due by the next payday or within three business days of the last day worked, whichever is later.
• Finalize with governing law and signatures: Specify that Delaware law applies. Allow electronic signatures under Delaware’s UETA.