The Department of Labor can collect minimum wages on behalf of Delaware workers. Effective January 1, 2022 Delaware’s minimum hourly wage rate is $10.50.

Delaware’s minimum hourly wage will increase incrementally on January 1 of the next three years, to $11.75 in 2023, $13.25 in 2024, and $15.00 in 2025.

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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Related Topics:  Labor Law, Minimum Wage