Delaware Labor Laws

Delaware’s minimum wage rate increased to $9.25 effective October 1, 2019.

The minimum cash wage payable to employees who receive tips is $2.23 per hour.

In calculating the overtime rate for the tipped employee, the restaurateur must multiply the minimum wage ($9.25 per hour) by 1½ (1.5), subtract the tip credit ($6.92 per hour), multiply that figure by the number of overtime hours worked, and then add that sum to their 40-hour total. 

Tip pooling is permitted (under certain circumstances) in an amount not to exceed 15% of the actual tips received by the employee.

Delaware’s law states that tips are the sole property of the employee (except in valid tip pools) but does not specifically refer to credit card processing fee deductions. It’s unclear if employers are allowed to take a deduction for processing fees, and Delaware courts have not ruled on such cases.

All employees must receive a meal break of at least 30 consecutive minutes if the employee is scheduled to work 7.5 or more hours per day. Meal breaks must be given sometime after the first two (2) hours of work and before the last (2) hours of work.

There are no current requirements for employers to provide paid sick days to their employees.

Whenever an employee quits, resigns, is discharged, suspended or laid off, the wages earned shall be paid on the next regularly-scheduled payday(s) either through the usual pay channels or by mail (if requested by the employee) as if employment had not been suspended or terminated.

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