Delaware Minimum Wage for 2022, 2023
Contents :: Delaware Minimum Wage
Delaware's state minimum wage rate is $11.75 per hour. This is greater than the Federal Minimum Wage of $7.25. You are entitled to be paid the higher state minimum wage. The minimum wage applies to most employees in Delaware, with limited exceptions including tipped employees, some student workers, and other exempt occupations.†
The Delaware minimum wage was last changed in 2008, when it was raised $4.60 from $7.15 to $11.75. Delaware's minimum wage rate is linked to a Consumer Price Index, which is intended to raise the rate along with inflation. The current minimum wage rate is re-evaluated yearly based on these values.
Delaware’s minimum wage is $11.75 per hour. Under the new Minimum wage law, the minimum wage is slated to increase beginning January 1, 2022, through 2025 capping at $15.00 per hour. Beginning December 29, 2021, there will no longer be a training or youth wage, as the Governor signed into law, HB88, the removal of the Training/Youth Minimum Wage of $8.75 per hour. Employers in the State of Delaware must pay employees, including youth (14-17 years old), at least the state’s minimum wage of $9.25 per hour until January 1, 2022 (When the rate increases to $10.50 per hour). The minimum cash wage payable to employees who receive tips is $2.23 per hour.
Employees Who Receive Tips: The minimum cash wage payable to employees who receive tips is $2.23 per hour. Tips may not be taken or retained by an employer except as required by law. Tip pooling is permitted (under certain circumstances) in an amount not to exceed 15% of the actual tips received by the employee. Minimum Wage Exemptions: Employees in agriculture. Employees in domestic service in or about private homes. Employees of the United States Government. Outside commission paid sales people, Bona fide executives, administrators, and professionals. Employees engaged in fishing and fish processing at sea. Volunteer workers (for educational, religious or non-profit organizations). Junior camp counselors employed by non-profit summer camp programs. Inmates participating in Department of Correction programs.
Delaware employers may not pay you under $11.75 per hour unless you or your occupation are specifically exempt from the minimum wage under state or federal law.
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All Delaware employers must display an approved Delaware minimum wage poster in a prominent place to inform employees about the minimum wage and their worker's rights under Delaware labor law.
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Delaware Minimum Wage & Labor Law Posters
The Fair Labor Standards Act (FLSA) and Delaware labor law requires all employers in Delaware to visibly display an approved Delaware minimum wage poster, and other Delaware and federal labor law posters, to ensure that all employees are aware of federal and Delaware labor law and overtime regulations. Failure to display a Delaware labor law poster in the workplace can result in severe fines.
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The Delaware minimum wage poster, and additional required Delaware labor law posters, are also available on the Delaware labor law posters download page.
Delaware Overtime Minimum Wage
All workers who put in over 40 weekly hours are entitled to a minimum wage of at least 1.5 times the regular applicable minimum wage (learn more about Delaware overtime pay). Some states require workers who work over a certain number of daily hours to be eligible for this overtime rate as well (Delaware law does not specify a daily overtime limit).
The FLSA guarantees all DE employees adequate overtime compensation for all qualifying overtime hours worked. If your employer does not pay adequate overtime wages, you can file an unpaid overtime claim with the Delaware Department of Labor.
Delaware Minimum Wage Exemptions
In addition to any Delaware-specific minimum wage exemptions described above, the Federal Fair Labor Standards act defines special minimum wage rates applicable to certain types of workers. You may be paid under the Delaware minimum wage if you fit into one of the following categories:
- Delaware Under 20 Minimum Wage - $4.25 - Federal law allows any employer in Delaware to pay a new employee who is under 20 years of age a training wage of $4.25 per hour for the first 90 days of employment.
- Delaware Student Minimum Wage - $9.99 - Full-time high school or college students who work part-time may be paid 85% of the Delaware minimum wage (as little as $9.99 per hour) for up to 20 hours of work per week at certain employers (such as work-study programs at universities).
- Delaware Tipped Minimum Wage - See Here - Employees who earn a certain amount of tips every month may be paid a lower cash minimum wage, but must earn at least $11.75 including tips every hour. For more details, read about the Delaware tipped minimum wage.
Frequently Asked Questions - Delaware Minimum Wage & Labor Law
- What is the Delaware minimum wage?
The current Delaware minimum wage of $11.75 per hour is the lowest amount a non-exempt employee in Delaware can legally be paid for hourly work. Special minimum wage rates, such as the "Delaware waitress minimum wage" for tipped employees, may apply to certain workers.
- How much will I earn working a minimum wage jobin Delaware?
A full time minimum wage worker in Delaware working 40 hours a week, 52 weeks a year, will earn $94.00 per day, $470.00 per week, and $24,440.00 per year1. The national poverty line for a family unit consisting of two people is $16,020.00 per year.
- What is the Delaware under 18 minimum wage?
Delaware employers may pay 18 year olds and minors the youth minimum wage of $4.25 for the first 90 days of employment. Other labor law exemptions for minors in Delaware may exist.
- I still can't find the answer to my question about the Delaware minimum wage!
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1 These earnings estimates do not account for the Delaware income tax , federal income tax, or local/municipal income taxes.
2 Poverty line for a family of two in the lower 48 published 2016 by the U.S. Department of Health & Human Services
Labor Law Footnotes, Sources & Citations:
- The weekly earnings estimate of $470.00 is based on a standard 40-hour workweek
- The yearly earnings estimate of $24,440.00 is based on 52 standard 40-hour work weeks. Since most hourly employees don't work full time and/or take time off, actual yearly earnings will likely be lower.