As of 2026, Delaware's minimum wage is $15.00 per hour, the rate that took effect on January 1, 2025 as the final step of a series of increases enacted in 2021. That is more than double the federal minimum wage of $7.25 per hour, which has not changed since 2009. Delaware also sets its own rules for tipped workers: employers may pay a cash wage as low as $2.23 per hour and count tips toward the rest, so long as the worker's tips plus cash wage equal at least the full $15.00 minimum for every hour worked. Because state wage figures can change, always confirm the current rate with the Delaware Department of Labor before relying on a specific number.
Delaware's Current Minimum Wage
Delaware's minimum wage is set by state statute (19 Del. C. Section 902) and is enforced by the Delaware Department of Labor. In 2021, the General Assembly passed legislation (Senate Bill 15) that raised the wage in annual steps to $15.00. The schedule worked like this:
$10.50 per hour effective January 1, 2022
$11.75 per hour effective January 1, 2023
$13.25 per hour effective January 1, 2024
$15.00 per hour effective January 1, 2025
With the final step reached in 2025, the $15.00 rate carries into 2026. Unlike some neighboring states, Delaware's law does not currently tie future minimum-wage increases to inflation or a cost-of-living index. After the scheduled phase-in ended, any further raise generally requires new action by the legislature. That makes it worth checking the Department of Labor's website each year to see whether the rate has been updated.
How Delaware Compares to the Federal Minimum
The federal Fair Labor Standards Act (FLSA) sets a nationwide wage floor of $7.25 per hour. When a state's minimum wage is higher than the federal one, employers must pay the higher state rate. Because Delaware's $15.00 minimum is well above $7.25, Delaware workers covered by the state law are entitled to the state rate, not the federal one.
The same higher-of rule applies to overtime pay. The FLSA requires overtime at one and one-half times your regular rate for hours worked beyond 40 in a workweek, and your regular rate must be based on at least the applicable minimum wage. Delaware does not impose a daily overtime requirement, so the federal weekly-40 standard generally governs overtime for Delaware employees.
The Tipped Wage and Tip Credit in Delaware
Delaware allows employers of tipped workers, such as servers, bartenders, and others who customarily receive more than $30 a month in tips, to take a tip credit. This means the employer can pay a reduced cash wage and count a portion of the employee's tips toward the minimum-wage obligation.
Key points about Delaware's tipped-wage rules:
Cash wage: The minimum cash wage for tipped employees in Delaware is $2.23 per hour. This is higher than the federal tipped cash wage of $2.13 per hour.
The tip credit must close the gap: The employee's tips, combined with the $2.23 cash wage, must add up to at least the full $15.00 minimum wage for every hour worked. If tips fall short, the employer must make up the difference so the worker still earns at least $15.00 per hour.
Tips belong to the employee: Tips are the property of the worker who earns them. Delaware permits valid tip pooling among employees who customarily receive tips, but employers and most managers or supervisors generally cannot keep any portion of employees' tips.
If you are a tipped worker and your paycheck plus tips do not reach $15.00 per hour on average for your hours, that is a wage violation you can report.
Who Is Covered, and Common Exceptions
Most employees in Delaware are covered by the state minimum wage, but the law recognizes some exceptions and special categories. These can include:
Training and youth wages: Delaware law has allowed a reduced "training wage" for new employees during their first 90 consecutive days and a "youth wage" for workers under 18, set at a fixed amount below the standard minimum. The exact figure and conditions are defined by statute, so confirm the current terms with the Department of Labor.
Certain agricultural, domestic, and seasonal workers may be treated differently under specific provisions.
Bona fide executive, administrative, and professional employees who meet salary and duties tests are generally exempt from minimum-wage and overtime requirements under federal and state law.
Independent contractors are not employees and are not covered, but misclassification is common. If you are treated like an employee, you may be entitled to minimum-wage protections regardless of the label your employer uses.
If you are unsure whether an exception applies to you, do not assume the lower figure is lawful. Ask the Department of Labor or an employment attorney to review your situation.
City and County Minimum Wages in Delaware
Delaware does not have a patchwork of local minimum-wage laws. No Delaware city or county sets its own minimum wage above the statewide rate. This means the single state figure, $15.00 per hour as of 2026, applies uniformly across Wilmington, Dover, Newark, and the rest of the state. Workers in Delaware do not need to track separate municipal ordinances the way employees in some other states must.
One related point: Delaware contractors and businesses working on certain public projects may be subject to prevailing-wage requirements, which set wage rates for specific construction trades on state-funded work. Those rates are separate from, and usually higher than, the general minimum wage, and are also administered by the Delaware Department of Labor.
How to Enforce Your Right to the Minimum Wage
If your employer pays you below Delaware's minimum wage, fails to make up a tipped worker's shortfall, or improperly keeps your tips, you can take action:
Document everything. Keep your pay stubs, time records, tip records, and your work schedule. Note the hours you worked and what you were actually paid.
Raise it with your employer in writing. A short, dated message identifying the shortfall sometimes resolves an honest payroll error and creates a record.
File a wage claim. The Delaware Department of Labor, Division of Industrial Affairs, Office of Labor Law Enforcement investigates minimum-wage and unpaid-wage complaints and can pursue what you are owed.
Consult an attorney. Delaware wage law allows recovery of unpaid wages, and successful workers may be entitled to additional damages and fees. Act promptly, because wage claims are subject to time limits.
Where to Confirm the Current Rate
Minimum-wage rates, tipped-wage figures, and training or youth-wage amounts can change, so verify the numbers before relying on them. The authoritative sources are the Delaware minimum-wage statute (Title 19, Chapter 9 of the Delaware Code) and the Delaware Department of Labor, Division of Industrial Affairs, which publishes the current minimum wage and tipped-wage rules and accepts worker complaints. When in doubt, contact the Department of Labor directly or speak with a licensed Delaware employment attorney. This article is general information, not legal advice for your specific situation.
Official Delaware Sources
This page is based on Delaware employment law. Rules and figures change — verify the current details directly with the official Delaware sources below. This is general legal information, not legal advice.
Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Delaware state law.
Frequently asked questions
What is Delaware's minimum wage in 2026?
As of 2026, Delaware's minimum wage is $15.00 per hour, the final step of increases that took effect January 1, 2025. That is well above the federal minimum of $7.25. Because rates can change, confirm the current figure with the Delaware Department of Labor.
What is the tipped minimum wage in Delaware?
Delaware lets employers pay tipped workers a cash wage as low as $2.23 per hour and take a tip credit for the rest. But the worker's tips plus cash wage must equal at least the full $15.00 minimum for every hour worked, and the employer must make up any shortfall.
Does Delaware's minimum wage adjust for inflation?
No. Delaware's minimum wage rose in scheduled steps to $15.00 in 2025 under 2021 legislation, but the law does not currently index future increases to inflation. Any further raise generally requires new legislation, so check the Department of Labor each year.
Are there local minimum wages in Delaware cities?
No. No Delaware city or county sets its own minimum wage above the statewide rate. The single state figure applies uniformly across Wilmington, Dover, Newark, and the rest of Delaware, so workers do not need to track separate local ordinances.
Where can I confirm Delaware's current minimum wage?
Check the Delaware minimum-wage statute (Title 19, Chapter 9 of the Delaware Code) and the Delaware Department of Labor, Division of Industrial Affairs, which publishes the current rate and tipped-wage rules and accepts wage complaints from workers.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
Knowing your rights is the first step
Join thousands committing to calmly and consistently exercise their constitutional rights.
