A Delaware employment contract outlines the details of the employment. From the employee’s expectations to the wages the employer will pay, it helps protect both parties.
In Delaware, an employment contract is valid if it includes mutual assent to the exchange and is supported by consideration [1] .
- Laws: Delaware Code Title 19.
- Definition of Employee: § 1101: “A person suffered or permitted to work by an employer in this State. This chapter does not apply to any of the following: Employees of the United States government, employees of the State of Delaware or any political subdivision of this State, and independent contractors.”
By Type
Independent Contractor Agreement
Defines the collaboration between an independent contractor and a client.
Subcontractor Agreement
Defines the relationship terms between a general contractor and a subcontractor.
Employee Non-Compete Agreement
Prevents employees from disclosing proprietary information to competing businesses.
Hiring in Delaware
Make sure you understand Delaware’s employment laws and requirements, from minimum wage to payday requirements, before entering an employment contract.
At-Will Employment
At-will employment is allowed in Delaware. There are also exceptions to the at-will employment rules.
Exceptions
- Public Policy: Yes
- Implied-Contract: No
- Good-Faith Exception: Yes
Minimum Wage ($/hr)
Basic Minimum Rate (per hour): $11.75.
The minimum hourly wage will increase in January 2024 to $13.25 [2] .
Child Labor
For minors under 18, employment certificates are required in Delaware. Employment certificates can be obtained from both the minor’s school and the Delaware Department of Labor.
Age certification is not required in Delaware, but employers are expected to identify minors they employ [3] .
Payday
In Delaware, wages must be paid at least once each month. Employees must be paid on the preceding workday if a payday falls on a non-workday.
Meal and Rest Breaks
Delaware has no minimum periods for break requirements; however, there are minimum requirements for meal breaks.
Employees must be given a meal break for half an hour, at some time after the first two hours and before the last two hours, if they work seven and a half consecutive hours or more.
Recordkeeping Requirements
In Delaware, employers are required to keep records for no less than three years [4] on:
- Wages, hours, and payroll
- Safety and health/workers’ compensation
- Child labor
- Unemployment Insurance (4 years)
Sample
Download a Delaware employment contract template below in PDF or Word format.
