Delaware Minimum Wage 2026: $15.00 an Hour, Tipped $2.23

Delaware's minimum wage is $15.00 per hour, in effect since January 1, 2025 under 19 Del. C. 902(a)(5). The Delaware Department of Labor lists the current minimum wage as $15.00 as of January 1, 2025. The state code page reviewed for this article shows no further scheduled step and no annual indexing, so the rate stays at $15.00 unless the General Assembly changes it or a higher federal minimum applies.

Information last verified on September 29, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Delaware Minimum Wage Act (19 Del. C. chapter 9) and the federal Fair Labor Standards Act (FLSA) minimum wage overlay. It does not cover overtime rules in detail or the laws of other states. For the federal rule, see the federal minimum wage guide.

What is the minimum wage in Delaware?

Delaware's minimum wage is $15.00 per hour. Section 902(a)(5) of Title 19 reads: "Not less than $15.00 per hour effective January 1, 2025." The Division of Industrial Affairs at the Delaware Department of Labor states: "Current Minimum Wage: $15.00 as of January 1, 2025."

The statute is a fixed schedule that ends at $15.00. The code page reviewed on September 29, 2026 shows no scheduled step for 2026 or 2027 and no indexing provision. If a federal minimum wage above the state rate is ever established, the state rate equals the federal one. The federal rate is $7.25, so it does not affect Delaware workers today. For federal coverage and exemptions, see the federal minimum wage guide.

Tipped workers in Delaware

Delaware lets employers count gratuities toward wages, but only above a floor. Under 19 Del. C. 902, gratuities may be considered wages "in an amount equal to the tip credit percentage, as set by the federal government as of June 15, 2006, of the minimum rate," and "in no event shall the minimum rate, under this subsection, be less than $2.23 per hour." The Department of Labor describes it as a minimum cash wage of $2.23 per hour, "with rules ensuring total earnings meet minimum wage." A tipped worker's cash wage plus tips must reach $15.00 an hour.

The tipped-worker rules in section 902 include:

• A tipped employee is one who customarily and regularly receives more than $30 per month in tips (902(c)(1)).
• Gratuities are the sole property of the primary direct service employee.
• An employer may not require or coerce tip pooling, except that where more than one direct service employee serves the same customer, the employer may require a pool of up to 15 percent of the primary direct service employee's gratuities (902(d)(2)).
• The employer may not take any portion of gratuities, and the Department may order restitution for diverted gratuities (902(d)).

Learners, apprentices and workers with disabilities

Under 19 Del. C. 906, the Department may set lower wages for learners and apprentices by regulation after a public hearing. Delaware has repealed its authority to issue subminimum wage certificates for workers with disabilities: 19 Del. C. 905 was repealed by 83 Del. Laws c. 254, effective October 21, 2024.

The definitions in section 901 contain no employer-size threshold, so the $15.00 rate is not limited to larger businesses.

Section 901(3) does exclude some workers from the state rate. The excluded groups are people employed in agriculture; people employed in domestic service in or about a private home; bona fide executive, administrative or professional employees and outside commission-paid salespeople; federal employees; people serving educational, charitable, religious or nonprofit organizations where no employment relationship exists or the services are given free; people employed in fishing and related first processing at sea; junior counselors and counselors in training under 18 at nonprofit summer camps; certain Department of Correction inmates; and minor-league baseball players paid under a collective bargaining agreement. The federal FLSA may still cover some of these workers.

How Delaware and federal law interact

Delaware's $15.00 rate is more than double the federal $7.25. Under 29 U.S.C. 218(a), the FLSA does not excuse noncompliance with a state law that sets a higher minimum wage, and the Department of Labor says that where state law requires a higher minimum wage, the higher standard applies. A worker covered by both is owed $15.00. Delaware's neighbor across the Delaware River sets a different rate; see the New Jersey minimum wage for commuters.

What to do if you are paid less than the minimum wage

Claims go to the Office of Wage and Hour Enforcement in the Delaware Department of Labor's Division of Industrial Affairs, which links a wage claim form on its wage and hour page. The statute provides:

• Civil action. Under 19 Del. C. 911(a), an employee can sue for the full amount of wages less amounts paid, plus costs, necessary expenses and reasonable attorney's fees. Under 911(b), the Department may sue to collect, and employees have 1 year to claim collected wages before they are remitted to the State Treasurer.
• Civil penalty. Under 910(a), an employer faces a civil penalty of not less than $1,000 and not more than $5,000 for each violation, including paying below the applicable rate.
• Retaliation. Under 910(b), discharging or discriminating against an employee who complained or gave information carries a civil penalty of $1,000 to $5,000 per violation.
• Records. Under 907, employers must keep records for 3 years.

For the general process, see the guide to filing a claim for unpaid wages. To estimate overtime owed, use the overtime calculator.

Common misunderstandings

Delaware's minimum wage does not rise every year: the statutory schedule ended at $15.00 on January 1, 2025, and no indexing appears in the code. And a Delaware tipped worker does not earn $2.23 total: the employer must top up pay so that cash wage plus tips reaches $15.00.

Disclaimer: This article provides general legal information about Delaware and federal minimum wage law, verified as of September 29, 2026. It is not legal advice. For a specific situation, consult a lawyer licensed in Delaware or contact the Delaware Department of Labor.

Related

• Minimum wage by state
• Federal minimum wage under the FLSA
• Delaware final paycheck laws
• Delaware at-will employment laws
• Filing a claim for unpaid wages
• Overtime calculator
• New Jersey minimum wage

Last updated: September 29, 2026.

Frequently Asked Questions

What is the minimum wage in Delaware?

$15.00 per hour since January 1, 2025, under 19 Del. C. 902(a)(5).

Is Delaware's minimum wage going up in 2027?

The state code page reviewed on September 29, 2026 schedules no increase after January 1, 2025 and contains no indexing. A change would require new legislation.

What is the tipped minimum wage in Delaware?

The cash wage floor is $2.23 per hour, and tips must bring total pay up to the full $15.00 minimum wage (19 Del. C. 902).

Can my Delaware employer keep part of my tips?

No. Gratuities are the sole property of the primary direct service employee, and an employer may not take any portion. An employer may not require or coerce tip pooling, except that where more than one direct service employee serves the same customer, it may require a pool of up to 15 percent of the primary direct service employee's gratuities (19 Del. C. 902(d)).

What can happen to a Delaware employer that pays less than the minimum wage?

A civil penalty of $1,000 to $5,000 per violation (19 Del. C. 910(a)), and the employee can recover unpaid wages plus costs and attorney fees (19 Del. C. 911(a)).

How do I file a wage claim in Delaware?

Use the wage claim form linked on the Delaware Department of Labor's Division of Industrial Affairs wage and hour page, or file a civil action under 19 Del. C. 911.