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Employee Handbooks - Work Rules - Employee Conduct: Delaware

Employee Handbooks - Work Rules - Employee Conduct requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Lindsay O. Clizbe and Michael B. Rush, Potter Anderson & Corroon LLP


  • Delaware is an employment at-will state. See Nature of Employment.
  • Delaware's employment discrimination laws protect a number of classes of individuals. See Discrimination.
  • Delaware employers must comply with unique notification requirements before monitoring employee telephone conversations, email and internet usage. See Electronic Monitoring of Employees.
  • Delaware law dictates how often employers must pay employees. See Wage Payment and Collection.
  • Delaware law requires that employers in specific industries conduct drug testing of employees and/or applicants for employment. See Drug Testing.
  • Delaware allows employers to condition employment or continued employment on an employee or applicant signing a noncompete agreement, so long as that agreement meets certain requirements. See Noncompete Agreements.
  • Delaware law prohibits employers from punishing employees for activity protected under certain statutes. See Whistleblower Protections.
  • Delaware law dictates when employers must provide employees with meal breaks. See Meal Breaks.
  • Delaware law prohibits smoking in any indoor workplace, unless the employer meets certain requirements. See Smoking.
  • Delaware law imposes certain requirements on employers with respect to employees serving as election officials and exercising the right to vote. See Political Activities.