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Delaware Laws

Discover important state and local employment laws for Delaware.
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Published: May 18, 2023

Delaware Legalizes Recreational Cannabis

Delaware Legalizes Recreational Cannabis
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Update Effective: April 23, 2023

Delaware passed a new law legalizing the use of recreational marijuana for adults 21 and older. Like similar laws in other states, Delaware employers are not required to permit the use of cannabis at work or during work time and may take disciplinary action against an employee who tests positive for cannabis. Employers should continue to monitor updates and are encouraged to review their current policies and testing procedures in accordance with this law.

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Published: Oct 13, 2022

Delaware Expands Coverage for Age Discrimination Protections

Delaware Expands Coverage for Age Discrimination Protections
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Update Effective: September 8, 2022

Delaware employers with 4 or more employees are prohibited from asking candidates to provide their age, birth date, or dates they attended an educational institution on an initial employment application, with limited exceptions. Employers may require this information if there is a bona fide occupational qualification or to comply with a state or federal law.

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Published: May 12, 2022

Delaware to Become 11th State with Paid Family & Medical Leave

Delaware to Become 11th State with Paid Family & Medical Leave
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Update Effective: January 1, 2025

Delaware is poised to join ten states and DC in offering statutory paid leave benefits as Delaware’s General Assembly recently passed a bill that would provide up to 12 weeks of paid family and medical leave benefits for covered employees. Employer & employee contributions towards the program would begin January 1, 2025, and benefits would be available to employees beginning January 1, 2026. Employers with fewer than 10 employees would be exempt from the bill’s requirements, while employers with 10-24 employees will only be required to comply with the parental leave requirements. Governor Carney is expected to sign the bill, after which it would become law. Impacted customers should continue to monitor this situation.

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Published: Jan 31, 2019

Delaware Worker Adjustment and Retraining Notification (WARN) Act

Delaware Worker Adjustment and Retraining Notification (WARN) Act
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Update Effective: January 7, 2019

Similar to the federal WARN Act (though with an expanded definition of a “covered employer” and additional notice requirements), Delaware law will require certain employers doing business in the state to provide at least 60 days of advance notice about mass layoffs, plant closings and relocations.

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Published: Dec 19, 2018

Discrimination in Employment Act

Discrimination in Employment Act
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Update Effective: January 1, 2019

Among other requirements, the law requires distribution of an information sheet to new and existing employees for employers with four or more employees, and requires sexual harassment prevention training be completed for employees of employers with 50 or more employees.

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This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.
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