Minimum wage in Delaware

• Source: Handy Reference Guide to the Fair Labor Standards Act, Basic Wage Standards (supports amount, currency, per_unit, applies_to, exceptions[0], exceptions[1], exceptions[2], exceptions[3], exceptions[4], exceptions[5])

  Covered, nonexempt workers are entitled to a minimum wage of $7.25 per hour effective July 24, 2009. … Tipped employees are individuals engaged in occupations in which they customarily and regularly receive more than $30 a month in tips. The employer may consider tips as part of wages, but the employer must pay at least $2.13 an hour in direct wages. … A minimum wage of not less than $4.25 an hour is permitted for employees under 20 years of age during their first 90 consecutive calendar days of employment with an employer. … Exemptions from Both Minimum Wage and Overtime Pay … Executive, administrative, and professional employees (including teachers and academic administrative personnel in elementary and secondary schools), outside sales employees, and employees in certain computer-related occupations (as defined in DOL regulations); … Employees of certain seasonal amusement or recreational establishments, employees of certain small newspapers, seamen employed on foreign vessels, employees engaged in fishing operations, and employees engaged in newspaper delivery; … Farmworkers employed by anyone who used no more than 500 “man-days” of farm labor in any calendar quarter of the preceding calendar year; … Casual babysitters and persons employed as companions to the elderly or infirm.

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• Supporting source: 29 U.S.C. 206 - Minimum wage, §206(a)(1)(C) (supports amount, per_unit, exceptions[1])

  (C) $7.25 an hour, beginning 24 months after that 60th day; … (1) In lieu of the rate prescribed by subsection (a)(1), any employer may pay any employee of such employer, during the first 90 consecutive calendar days after such employee is initially employed by such employer, a wage which is not less than $4.25 an hour. … (5) This subsection shall only apply to an employee who has not attained the age of 20 years

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• Source: Delaware Code Title 19, Chapter 9 - Minimum Wage, § 902(a) (supports amount, currency, per_unit, applies_to, exceptions[0], exceptions[1], exceptions[2], exceptions[3], exceptions[4], exceptions[5], exceptions[6], exceptions[7], exceptions[8], exceptions[9])

  every employer shall pay to every employee in any occupation wages of a rate: … (5) Not less than $15.00 per hour effective January 1, 2025. … In no event shall the minimum rate, under this subsection, be less than $2.23 per hour. … (1) An employee engaged in an occupation in which gratuities customarily constitute part of the remuneration shall be any worker engaged in an occupation in which workers customarily and regularly receive more than $30 per month in tips or gratuities. … (3) “Employee” includes any individual employed by an employer but shall not include: a. Any individual employed in agriculture; b. Any individual employed in domestic service in or about a private home; c. Any individual employed in a bona fide executive, administrative or professional capacity, or as an outside commission paid salesperson, not route driver, who customarily performs services away from the individual’s employer’s premises taking orders for goods or services; d. Any individual employed by the United States; e. Any individual engaged in the activities of an educational, charitable, religious or nonprofit organization where the employment relationship does not in fact exist or where the services are rendered to such organization gratuitously; f. Any individual employed in the catching, taking, propagating, harvesting, cultivating or farming of any kind of fish, shellfish, crustacea, sponges, seaweeds or other aquatic forms of animal and vegetable life, or in the first processing, canning or packing such marine products at sea as an incident to or in conjunction with such fishing operations, including the going to and returning from work and loading and unloading when performed by any such employee; g. Any individual under the age of 18 participating in and employed as a junior counselor or counselor in training (CIT) by a nonprofit organization in a summer camp program; h. Any inmate in the custody of the Department of Correction and any inmate on work release who participates in the Prison Industries programs or other programs sponsored for inmates by the Department of Correction pursuant to Chapter 65 of Title 11 or other applicable Delaware law, unless said inmate is employed by an employer other than the State or a political subdivision thereof; i. Any individual who has entered into a contract to play baseball at the minor league level and who is compensated pursuant to the terms of a collective bargaining agreement that expressly provides for wages and working conditions.

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• Supporting source: What is the current minimum wage in Delaware? (supports amount, currency, per_unit)

  As of January 1, 2025, the minimum wage is $15.00 per hour.

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• Supporting source: Office of Wage and Hour Enforcement (supports exceptions[0])

  Tipped Employees: Minimum cash wage of $2.23/hour, with rules ensuring total earnings meet minimum wage.

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