Employment law is a broad category of laws—statutes, case law (court opinions), rules, and regulations—that govern the relationship between an employer and an employee. Employment law includes state laws that only apply to employer-employee relationships in a given state, and federal laws that apply to employer-employee relationships in all states.
In Delaware, employment law encompasses a variety of statutes and regulations that dictate the relationship between employers and employees. This includes both state-specific laws and federal laws that apply nationwide. State laws cover matters such as minimum wage requirements, which as of 2023 is $10.50 per hour and is set to increase incrementally in the coming years, and workplace discrimination, which is prohibited under the Delaware Discrimination in Employment Act. Delaware also has laws regarding meal breaks and day of rest requirements. On the federal level, Delaware employers must adhere to laws such as the Fair Labor Standards Act (FLSA), which sets standards for minimum wage and overtime; the Occupational Safety and Health Act (OSHA), which ensures safe working conditions; the Americans with Disabilities Act (ADA), which prohibits employment discrimination based on disability; and the Family and Medical Leave Act (FMLA), which allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons. Employers in Delaware must comply with both sets of laws, and in cases where state and federal laws differ, the law that provides the most protection to the employee generally prevails.