Delaware Overtime Calculator 2026

For covered nonexempt employees in Delaware, overtime is generally calculated at 1.5× the employee’s regular rate of pay for all hours worked beyond 40 in a single workweek. The regular rate is not limited to your base hourly wage; it must include other forms of compensation such as nondiscretionary bonuses, performance commissions, and shift differentials. If you earn the standard state minimum wage of $13.25/hour, your basic overtime premium rate will be $19.88/hour. To estimate your total gross pay, add your regular hourly earnings to your premium overtime earnings before taxes or deductions.

Delaware does not have a general daily overtime rule for most private-sector employees. For most covered workers, overtime pay only begins after you have exceeded 40 hours of work in a single, defined workweek. Daily limits do not apply under state law, meaning you can work 10 or 12 hours in a single workday without triggering overtime, as long as your weekly total remains at 40 hours or fewer. However, individual employer policies, collective bargaining agreements, or special labor contracts may voluntarily establish daily overtime thresholds. Check official state labor board resources for any specialized industry exemptions.

At the Delaware minimum wage of $13.25/hour, the overtime rate is $19.88/hour (1.5×). For covered nonexempt employees earning more than minimum wage, the overtime rate is 1.5× their regular hourly rate, which may include certain bonuses, commissions, and shift differentials. For example, if an employee in Delaware earns the minimum wage and works 40 regular hours plus 5 overtime hours, the overtime pay is 5 × $19.88 = $99.38. Combined with regular pay of $530.00, the total gross pay is $629.38.

In Delaware, tipped employees may receive a direct cash wage of $2.23/hour, with the remaining $11.02/hour covered by tips (the tip credit). However, overtime must generally be calculated using the full minimum wage of $13.25/hour, not the lower cash rate. For example, if a tipped employee works 45 hours, their base overtime rate is 1.5× the full minimum wage ($19.88/hour), minus the tip credit ($11.02), resulting in a direct cash overtime rate of $8.86/hour for each of the 5 overtime hours worked that week.

Salaried employees are not automatically exempt from overtime in Delaware. Exemption generally depends on meeting three legal tests: (1) Salary Basis Test — paid a fixed salary, (2) Salary Level Test — earning at least $35,568/year ($684/week), and (3) Job Duties Test — primarily performing executive, administrative, or professional duties. Job title alone does not determine exemption status. If a salaried employee earns $1,000/week but spends most of their time performing non-exempt duties (retail, manual labor, or administrative tasks), they may be legally non-exempt and entitled to overtime pay at 1.5× for hours over 40 in a workweek.

Yes, in most cases. Nondiscretionary bonuses and commissions generally must be included when calculating the regular rate of pay for overtime purposes. The regular rate is the employee’s total weekly earnings (including bonuses and commissions) divided by total hours worked. Overtime premium is then calculated as 0.5× the regular rate for each overtime hour. For example, if an employee in Delaware earns $1,000 in weekly base pay plus a $200 nondiscretionary bonus and works 45 hours, the regular rate is $26.67/hour ($1,200 / 45). The overtime premium is $13.34/hour (0.5×), adding $66.70 for 5 overtime hours.

Workers who believe they have not been paid properly for overtime can file a wage claim with Delaware Department of Labor / State Workforce Agency. A lawyer is generally not required to file a claim. The agency may review payroll records and assist in recovering unpaid wages. Federal claims may also be filed with the U.S. Department of Labor’s Wage and Hour Division. For a worked example, if an employee is owed back overtime pay, they can submit timesheets and pay stubs to the appropriate agency. If the agency finds the employer underpaid wages, it may pursue recovery of the unpaid amounts.