DE Minimum Wage to Increase Monday
December 31, 2023/
On Monday, Delaware’s minimum hourly wage will increase to $13.25. The current minimum wage is $11.75. Legislation was signed into law in 2021 that would increase the minimum wage incrementally each year through 2025 when it will reach $15 per hour. There are other rules regarding employees who receive tips and some who are exempted from the increase.
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 salespeople
- 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
Record-Keeping Requirements:
Employers must keep records, including rates of pay, hours worked, and the amount paid for each worker, for at least three (3) years.
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