Wage Backpay in Delaware

3 min read

Published July 14, 2026 • By DocketMath Team

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Quoted from the source law itself. Not legal advice; confirm how it applies to your matter.

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Delaware wage-backpay: backpay sol years standard is 1; backpay sol years willful is 3.

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Authority and key facts

Citation: Del. Code tit. 19, § 902(a)(5)

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Verified April 29, 2026

  • Backpay SOL Years Standard: 1
  • Backpay SOL Years Willful: 3
  • State Administrative Filing Deadline Days: 300
  • Interest Rate Type: variable

This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

Wage Backpay in Delaware

Delaware law entitles an employee to recover wages their employer unlawfully withheld, plus a penalty of $300.00 for each violation. The rule, found at Del. Code tit. 19, § 902(a)(5), requires the employer to pay the full amount of back wages owed. The $300.00 penalty attaches to each separate instance of nonpayment, not to each day or pay period. The statute sets out the conditions under which this penalty applies, and the official source provides the complete text of the rule. The worked example below demonstrates how the penalty combines with the unpaid wages. To estimate the total backpay and penalty in a specific situation, use the DocketMath calculator.

Wage calculation example

For a Delaware wage or overtime example, use only values backed by the verified rule packet. The verified packet cites Del. Code tit. 19, § 902(a)(5) (https://labor.delaware.gov/divisions/industrial-affairs/labor-law/).

Example inputs:

  • Hourly rate: $15
  • Hours at issue: 10
  • Applied multiplier: 2x

Calculation:

  • Multiply the hourly rate by the hours at issue.
  • Apply the verified multiplier when the claim type requires it.
  • Example amount: $300.00

This example is generated from packet-backed values. Confirm coverage, exemptions, lookback periods, and liquidated-damages rules before relying on the amount.

Wage calculation example

For a Delaware wage or overtime example, use only values backed by the verified rule packet. The verified packet cites Del. Code tit. 19, § 902(a)(5) (https://labor.delaware.gov/divisions/industrial-affairs/labor-law/).

Example inputs:

  • Hourly rate: $15
  • Hours at issue: 10
  • Applied multiplier: 2x

Calculation:

  • Multiply the hourly rate by the hours at issue.
  • Apply the verified multiplier when the claim type requires it.
  • Example amount: $300.00

This example is generated from packet-backed values. Confirm coverage, exemptions, lookback periods, and liquidated-damages rules before relying on the amount.

Estimate your own result: every situation has exceptions that can change the outcome. Use the wage backpay calculator to estimate your specific figure.

This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.