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Employing in Delaware

In Delaware, workers’ rights are protected by numerous employment and labour laws, at both the state and federal level. As a result, employees enjoy protection from discrimination based on age, religion, sexual orientation, gender, and race.

Here are the key things you need to know about hiring in Delaware.

Hours of work in Delaware

Work and overtime laws in Delaware are laid out in the state’s labour and administrative codes.

What is considered full-time employment in Delaware?

Under state law, full-time employment is between 35 and 40 hours per week.

Do pay employees get overtime in Delaware?

Under the federal Fair Labour Standards Act, non-exempt employees are entitled to overtime pay of 1.5x their regular pay rate if they work more than 40 hours in a week.

Employees are generally (but not always) exempt from overtime if they:

  • Earn more than the specified state or federal exemption threshold
  • Perform a role with duties that are
  • Work in a certified or licensed profession, such as law, accounting, architecture, or engineering

In Delaware, the pay threshold for exemption is currently $684 per week, which is the federal minimum.

Note that the federal pay threshold for exemption is currently being reviewed in the US.

Minimum wage in Delaware

The minimum state wage for private sector employees is currently $13.25 per hour, although this will rise to $15 in January 2025.

Onboarding timeline in Delaware

We can help you get your new employee started in Delaware fast, with a minimum onboarding time (MOT) of just 2 working days. Note that the MOT is dependent upon registration with the local authorities, and begins after the employee has submitted all the required information on the Remote platform.

For non-citizens of the US, a work eligibility assessment may be required, and can add three extra days to the onboarding time. If a follow-up is needed, there may be additional delays.

Please note that payroll cut-off dates can impact the actual first day of employment. Remote’s payroll cut-off date is the 10th of the month, unless otherwise specified.

Payroll cycle in Delaware

Under state law, employees must be paid at least once per month. 

For Remote customers, employee payments are made twice per month in equal instalments, payable in arrears. The first payment is made on the 15th of the month and the second payment is made on the final day of the month. If relevant, bonus payments, commissions, and expense reimbursements are included in the second payment of the cycle.

Competitive benefits package in Delaware

Remote can help you craft a competitive benefits package to attract and retain the best global talent. Our benefits experts understand the trends, requirements, and expectations of the Delaware labour market, allowing your employees to feel appreciated and thrive.

Our benefits packages in Delaware usually include some or all of the following:

pension_or_401(k)
Pension or 401(K)
medical_insurance
Medical insurance
vision_insurance
Vision insurance
health_saving_plan_(hsa)
Health Saving Plan (HSA)
long_term_disability_insurance_(ltd)
Long term disability insurance (LTD)
dental_insurance
Dental insurance
life_insurance
Life insurance
flexible_spending_account_(fsa)
Flexible Spending Account (FSA)

Are employers required to provide health insurance in Delaware?

Under the federal Affordable Care Act, organizations with a headcount of 50 or more must offer statutory health insurance to their full-time employees.

Many employers also offer some level of supplemental health insurance. While this can lead to a relative rise in employment costs, it’s an essential benefit that ensures your people have access to routine care and are covered in the event of an emergency. 

Because Remote is the employer of record (EOR), it’s important for us to offer the same core benefits to all employees to ensure fair and non-discriminatory hiring practices. This protects both your business and ours.

Note that we do not add a markup on any benefits premiums or administration costs.

Are employers required to offer 401k in Delaware?

The state is currently in the process of mandating qualified savings plans for private sector employees.

Under this legislation, you will need to enroll your employees into the state-sponsored Delaware EARNS Program (or another recognized retirement plan).

Note that this will only apply if your business:

This legislation is set to become active in 2025.

Facts & Stats

Despite its relatively small size, Delaware is a significant state for many US-based and global organisations.

Famous for its business-friendly tax and administration policies, the First State is the corporate home of many major players, providing a unique landscape for entrepreneurs and professionals. With its coastal charm, storied history, and close proximity to some of the US’s biggest cities, it's a highly sought-after destination for employees and employers alike.

Capital City
Dover
Currency
United States Dollar
($, USD)
Population size
1,000,000
VAT - standard rate
0%

Grow your team in Delaware with Remote

If you want to hire in Delaware, you’ll need to own a legal entity there — or partner with a global employment solutions provider, like Remote.  

We can employ top talent in Delaware on your behalf and manage complex HR tasks such as onboarding, payroll, benefits, and taxes. You can also manage and pay your contractors in Delaware through Remote.

Risks of misclassification

Delaware, like many other countries, treats self-employed individuals or contractors and full-time employees differently. Misclassification of contractors in Delaware may lead to fines and penalties for the offending company.

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Fair Pricing in Delaware

Payroll

47

per employee/month
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  • Powerful, transparent international payroll
  • Simple self-service platform
  • Personalised support from dedicated specialists
  • Adhere to local payroll regulations in every country
  • Integrated payroll, expense management, and HRIS solution
Contractor Management

48

per contractor/month
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  • Only pay for contractors you actively work with
  • Work with international contractors
  • Create, edit, and sign tailored, localised contracts
  • Approve contractor invoices with one click or auto-pay
  • Transparent payments with complete visibility
Employer of Record

1155 989

per contractor/month
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  • Hire without opening a local entity
  • Guided onboarding
  • Local payroll paid on time, every time
  • Built-in security and compliance
  • Flexible, localised benefits
  • Offer equity incentives with tax assistance
  • Dedicated experts for local support