Delaware Minimum Wage: Current Rate & Scheduled Increases

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 206, establishes the federal minimum wage at $7.25 per hour. This rate has remained unchanged since 2009. The FLSA covers most employees in the United States, with some exceptions for specific categories like seasonal workers, certain agricultural employees, and workers with disabilities who may be paid subminimum wages under special certificates. The federal minimum applies to employers with at least two employees engaged in interstate commerce or in an enterprise with annual gross revenue of $500,000 or more. The Department of Labor (DOL) enforces the FLSA through the Wage and Hour Division. Employees can file complaints with the DOL, which investigates violations and can recover unpaid wages, liquidated damages equal to unpaid wages, and attorney's fees. States may establish higher minimum wages, and when state and federal minimums conflict, the higher rate applies.

The FLSA also requires employers to maintain accurate wage and hour records for at least three years. Violations can result in civil penalties, and the DOL can pursue back pay claims on behalf of employees. No statute of limitations exists for FLSA violations when the employer's conduct is willful, though a two-year statute applies to non-willful violations.

Delaware Code Title 19, § 902 establishes Delaware's minimum wage at $13.25 per hour effective January 1, 2024. This rate is significantly higher than the federal minimum wage of $7.25 per hour, making Delaware's law substantially stronger for workers. Delaware's statute includes an automatic annual adjustment mechanism tied to the Consumer Price Index (CPI), ensuring the minimum wage increases each January 1st to account for inflation. This is a key distinction from federal law, which requires congressional action to raise the minimum wage.

Delaware's minimum wage law applies to nearly all employers operating in the state, regardless of size, as long as the employer is engaged in business within Delaware. Unlike the federal FLSA, which uses an enterprise test based on annual gross revenue, Delaware's coverage is broader and applies to most private and public sector employers. The state law covers employees in manufacturing, retail, hospitality, healthcare, government, and service industries.

Delaware law is stronger than federal law in several ways. First, the wage floor is $5.75 higher per hour, providing significantly greater worker protection. Second, the automatic annual adjustment ensures the minimum wage keeps pace with the cost of living without requiring legislative action. Third, Delaware provides explicit coverage to most workers without the complex enterprise and interstate commerce tests found in the FLSA.

The Delaware Department of Labor enforces the minimum wage law. Employees can file wage complaints with the department, which investigates and can order employers to pay back wages plus penalties. Delaware also allows private civil actions for wage violations. Remedies include unpaid wages, penalties, and attorney's fees in some cases. Employers who violate Delaware's minimum wage law face civil penalties and potential recovery actions by the Department of Labor.

Delaware Code Title 19, § 902 includes several exceptions to the minimum wage requirement, though they are narrow. Executive, administrative, and professional employees (as defined under federal overtime regulations) may be exempt from the minimum wage requirement if they meet specific salary and duties tests. Outside salespeople may be exempt if they work primarily away from the employer's place of business and their compensation is primarily commission-based.

Employers may pay a training wage of 75% of the minimum wage (approximately $9.94 per hour) to employees under 20 years of age for up to 90 consecutive calendar days from their first employment, under certain conditions. This training wage provision applies only to initial employment and does not extend beyond the 90-day period.

Employees with disabilities may be paid less than minimum wage if the employer holds a certificate from the Department of Labor authorizing the subminimum rate. Such certificates are rare and require documentation of the employee's disability and reduced productivity. Employers must obtain explicit authorization and maintain records of the certificate.

Student learners in vocational programs may be paid 75% of minimum wage under specific conditions when enrolled in a registered vocational education program and employed by the educational institution or a related employer.

Family-operated businesses with only family members as employees are not explicitly exempt, though application of the minimum wage law may vary in such situations. However, this exception is not clearly defined in statute and should not be assumed. Agricultural workers are generally covered by Delaware's minimum wage law, unlike some federal exemptions. Seasonal workers and part-time employees receive no exemption and must be paid at least the minimum wage for all hours worked.

Step 1: Document the violation carefully. Keep all pay stubs, time records, emails from your employer, and any written wage agreements. If your employer failed to pay minimum wage, calculate the exact difference between what you were paid and what you should have been paid under Delaware law ($13.25/hour as of 2024). Write down dates, hours worked, and rates paid. Take screenshots of electronic records and save copies of pay stubs. Note any communications where the employer acknowledged paying below minimum wage. This documentation will be critical when filing a complaint or pursuing legal action.

Step 2: Consider whether to raise the issue internally first. Send a written request to your employer—via email is best for documentation—asking that they correct the wage violation and pay all unpaid wages owed. Keep a copy of this correspondence. Give your employer a reasonable opportunity to respond, typically 5-7 business days. Some employers will correct the error voluntarily to avoid legal action. However, if your employer retaliates against you for requesting minimum wage pay, that retaliation is illegal under Delaware law. Document any retaliation immediately.

Step 3: File a wage complaint with the Delaware Department of Labor, Division of Occupational and Professional Regulation, Wage and Hour Section. You can file online at delaware.gov/labor or by mail to the Department of Labor, Wage and Hour Section, 4425 N. Market Street, Wilmington, DE 19802. Include your name, contact information, employer name and address, description of the violation, dates affected, hours worked, and the wage rate you were paid versus the minimum wage. You have up to 2 years from the violation to file. The complaint is free and you do not need an attorney to file. The Department will provide you with a case number and contact information for the investigator assigned to your case.

Step 4: Understand the investigation process. The Department of Labor will contact your employer and request payroll records, time sheets, and wage documentation. The investigator will verify your hours worked and compare the wages paid to Delaware minimum wage requirements. This process typically takes 4-8 weeks, though complex cases may take longer. You may be asked to provide additional documentation or clarify details. The Department may interview you and your employer separately. You have the right to request a hearing before the Department if you disagree with the investigator's findings. Do not resign or abandon the complaint during the investigation—maintain regular contact with the investigator.

Step 5: Know when to consult an attorney. If the Department of Labor finds a violation but the employer refuses to pay or if the amount owed is substantial (typically $5,000 or more), consult an employment law attorney licensed in Delaware. Many attorneys work on contingency, meaning you pay nothing upfront and they take a percentage of the recovery. An attorney can file a civil suit in Delaware Superior Court to recover unpaid wages, liquidated damages (an additional penalty equal to the unpaid wages), and attorney's fees. You can also file a private civil action without waiting for the Department of Labor investigation to conclude. Seek an attorney who specializes in wage and hour law and has experience with Delaware minimum wage claims.