Del. C. » Title 10 — Limitation of Actions · CHAPTER 81. Personal Actions · Courts and Judicial Procedure
Delaware Code

10 Del. C. § 8111 (2026)

Work, labor or personal services [For applicability of section, see 84 Del. Laws, c. 20, § 2]

✓ current as of May 2026
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No action for recovery upon a claim for wages, salary, or overtime for work, labor, or personal services performed, or for damages (actual, compensatory, or punitive, liquidated or otherwise), or for interest or penalties resulting from the failure to pay any such claim, or for any other benefits arising from such work, labor, or personal services performed or in connection with any such action, shall be brought after the expiration of 2 years from the accruing of the cause of action on which such action is based.

20 Del. Laws, c. 594;  Code 1915, §  4675;  Code 1935, §  5133;  46 Del. Laws, c. 114;  10 Del. C. 1953, §  8110;  84 Del. Laws, c. 20, § 1; 
Notes of Decisions
Cited in 38 cases (9 in the last 5 years), 1975–2026 · leading case: Avins v. Moll, 610 F. Supp. 308 (E.D. Pa. 1984).
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Avins v. Moll, 610 F. Supp. 308 (E.D. Pa. 1984). · cites it 7× “Accordingly, the one-year limitation period for Work, Labor or Personal Services, 10 Del.C. § 8111, should be applied. In the alternative, the three-year period for recovery of damages set forth in 10 Del.”
End of the Road Trust Ex Rel. Fruehauf Trailer Corp. v. Terex Corp. (In Re Fruehauf Trailer Corp.), 250 B.R. 168 (D. Del. 2000). · cites it 2× “10 Del.Code § 8111. However, § 8111 only applies to “a breach of a duty to pay wages, salary, or overtime for work performed.”
Compass v. Am. Mirrex Corp., 72 F. Supp. 2d 462 (D. Del. 1999). · cites it 5× “On June 23, 1999, defendants moved for summary judgment contending that all of the claims asserted by Compass are barred by the one year statute of limitations for actions based on work, labor, or personal services, 10 Del. C. § 8111. Defendants also moved for summary judgment…”
Gregorovich v. E.I. Du Pont De Nemours, 602 F. Supp. 2d 511 (D. Del. 2009). · cites it 2× “The Third Circuit has held that the one year statute of limitations found at 10 Del. C. § 8111 is applicable to claims for recovery of benefits under an ERISA plan.”
Schroeder v. New Century Holdings, Inc. (In Re New Century Holdings, Inc.), 387 B.R. 95 (Bankr. D. Del. 2008). “10 Del. C. § 8111. After the applicable limitations period is determined, courts look to federal law to determine when a cause of action accrues.”
Creamer v. Gen. Teamsters Local Union 326, 579 F. Supp. 1284 (D. Del. 1984). · cites it 2× “The parties have cited three statutes, 10 Del.C. § 8111, 10 Del.C. *1290 § 8119, and 10 Del.”
Wilmington Hous. Auth. v. Rocky Marciano Constr. Co., 407 F. Supp. 228 (D. Del. 1976). · cites it 2× “(“Tenibae”), two other impleaded defendants who are asserting a claim against the deposited monies, have moved to dismiss the claims of Ketchum and Dal Nogare upon the ground that the Delaware one year statute of limitations, 10 Del.C. § 8111, applicable to actions to recover…”
Freedman v. Beneficial Corp., 406 F. Supp. 917 (D. Del. 1975). “This implied in fact contract would have been breached by publication of the newspaper advertisement on November 13, 1969, and the statute of limitations would have been triggered on that date.”
Samuel Phifer v. Sevenson Env't Serv., 619 F. App'x 153 (3rd Cir. 2015). “See 10 Del.Code Ann. § 8111. Phifer’s WPCA claim against Sevenson accrued at the latest on March 11, 2009, when he refused an offer to return to work following his December 2008 layoff.”
Trader v. Fiat Distributors, Inc., 476 F. Supp. 1194 (D. Del. 1979). “That 10 Del.C. § 8111 (1974) bars all of plaintiffs’ claims for back pay under the 1866 Civil Rights Acts which antedate the filing of the original complaint by more than one year, exclusive of the unlawful discharge claims.”
Friedland v. Unum Grp., 50 F. Supp. 3d 598 (D. Del. 2014). · cites it 3× “The Third Circuit has held that the one-year statute of limitations found at 10 Del. C. § 8111 is applicable to claims for recovery of benefits under an ERISA plan.”
DeWitt v. Penn-Del Directory Corp., 872 F. Supp. 126 (D. Del. 1994). “The litigants in this line of Delaware cases, as well as Rich , however, never urged the court to adopt § 8119, Delaware’s personal injury limitations period, to a wrongful discharge action; those litigants framed the issue as a choice between § 8106 and 10 Del.C. § 8111,…”
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