Minimum Wage Requirements in Delaware 2024

Overview of Delaware's Minimum Wage Requirements

As of 2024, the minimum wage requirements in the state of Delaware have been updated. For all workers, excluding those who receive tips, the minimum wage is set at $13.25 per hour. This rate has been in effect since January 1, 2024. For workers who receive tips, the minimum wage is $2.23 per hour. This rate has been in effect since October 1, 2019. A tipped employee is defined as someone who earns more than $30 in tips per month.

Looking back, there has been a significant increase in the minimum wage in Delaware. As of January 1, 2023, the minimum wage for all workers, excluding those who receive tips, was increased from $10.50 to $11.75 per hour. However, it's important to note that this increase in the minimum wage might not reflect the inflationary trends.

Understanding Local Minimum Wage Variations

The minimum wage in Delaware varies by county. As of 2024, the minimum wage in New Castle County, Sussex County, Kent County, Wilmington County, Dover County, and Newark is $13.25 per hour. This is part of a planned increase that will see the minimum wage rise to $15.00 per hour in 2025. For employees who receive tips, the minimum cash wage is $2.23 per hour.

In Middletown and Smyrna, the minimum wage is also $13.25 per hour as of 2024. This is part of a planned incremental increase in the state's minimum wage, which is set to rise to $15.00 per hour in 2025. For employees who receive tips, the minimum cash wage is $2.23 per hour.

Minimum Wage Eligibility and Exemptions

In Delaware, the minimum wage is applicable to most workers, with certain exemptions. As of the latest update on September 30, 2023, the basic minimum wage rate is $11.75 per hour. This rate is set to increase incrementally over the next few years, reaching $13.25 in 2024 and $15.00 in 2025.

However, there are specific exemptions to the minimum wage law. These include employees in agriculture, domestic service in private homes, employees of the U.S. Government, outside commission-paid salespeople, bona fide executives, administrators, and professionals. Also exempt are 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, and inmates participating in Department of Correction programs.

Minimum Wage Considerations and Compliance Tips

As a food business employer in Delaware, it's important to understand the legal and compliance considerations for tipped employees surrounding minimum wages. As of January 1, 2024, the basic combined cash and tip minimum wage rate is $13.25. This means that the total earnings of your tipped employees, including both cash wages and tips, must equal at least $13.25 per hour.

However, it's important to note that the maximum tip credit against the minimum wage that employers can claim is $11.02. In other words, you can count up to $11.02 per hour in tips towards meeting the minimum wage requirement. This leaves a minimum cash wage that employers are required to pay tipped employees at $2.23 per hour.

FAQs

• What is the current minimum wage in Delaware? As of 2024, the minimum wage in Delaware is $13.25 per hour.
• What is the minimum wage for tipped employees in Delaware? For employees who receive tips, the minimum cash wage is $2.23 per hour.
• Are there any exemptions to the minimum wage in Delaware? Yes, exemptions include employees in agriculture, domestic service in private homes, employees of the U.S. Government, outside commission-paid salespeople, bona fide executives, administrators, and professionals.

Information Source Links

• Delaware Department of Labor
• Delaware Minimum Wage
• U.S. Department of Labor
• Title 19, Chapter 9 of the Delaware Code

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