- Delaware's rates in one view
- How Delaware reached $15.00
- The $2.23 tipped wage and the gap it leaves
- Meal breaks in Delaware
- What counts as a wage violation
- A worked tipped example
- Who the division helps
- Delaware and its neighbours
- Payroll checklist for Delaware employers
- My verdict
- Frequently asked questions
The minimum wage in Delaware is $15.00 an hour as of October 2026, in force since January 1, 2025. Tipped staff can be paid a cash wage of $2.23 an hour, but tips must bring their total to at least $15.00 for every hour worked.
Delaware's rate sits in Title 19, Chapter 9 of the Delaware Code, section 902, and is enforced by the Division of Industrial Affairs at the Delaware Department of Labor. This page draws on the division's wage and hour page, section 902 and the U.S. Department of Labor's state, tipped and meal break tables, all read in October 2026.
Delaware's rates in one view
| Rule | Delaware (as of October 2026) |
|---|---|
| Minimum wage | $15.00 an hour |
| In force since | January 1, 2025 |
| Minimum cash wage for tipped staff | $2.23 an hour |
| If the federal rate rises above Delaware's | The federal rate applies |
| Meal break | 30 minutes for shifts of 7.5 hours or more |
How Delaware reached $15.00
Section 902 sets the rate in steps written into the law, ending with not less than $15.00 per hour effective January 1, 2025. The division's page confirms $15.00 as of that date. Unlike Vermont or Montana, Delaware's law has no automatic yearly inflation rise, so the rate stays at $15.00 until lawmakers change it. The U.S. Department of Labor's table adds that Delaware adopts the federal rate by reference if the federal rate is ever higher.
The $2.23 tipped wage and the gap it leaves
Here's the number that surprises employers moving from neighbouring states. Section 902(b) lets tips count as wages up to the federal tip credit percentage set in June 2006, but it says the cash rate can never be less than $2.23 an hour. With the full rate at $15.00, that leaves a large share of each hour to be covered by tips.
So the weekly check matters. For each tipped employee, add cash wages and tips for the week and divide by hours worked. If the result is under $15.00, top it up in that pay period. My guide to tip pooling explains how shared tip pools fit alongside this.
Meal breaks in Delaware
The U.S. Department of Labor's meal break table says Delaware requires a half hour break for employees who work 7.5 consecutive hours or more. It must fall at some time after the first two hours and before the last two hours. Some professional employees certified by the State Board of Education and workplaces under a collective bargaining agreement are excluded. My lunch break laws guide compares this with other states.
What counts as a wage violation
The division lists the main problems it handles under wage payment and minimum wage law:
- Failing to pay for all hours worked.
- Paying below the minimum wage.
- Making unlawful deductions from pay.
- Not topping up tipped staff whose tips fall short.
Employees who think they've been paid below $15.00 can file a wage claim with the division, using the form on its wage and hour page.
A worked tipped example
Picture a server who works 25 hours in a week at the $2.23 cash wage. To meet the $15.00 floor, cash wages plus tips must reach at least $15.00 for each of those 25 hours. If the week's tips fall short, the employer adds enough to close the gap in that pay period. Because the cash wage is low and the full rate is high, a slow week can leave a real shortfall, so the check can't be skipped.
Who the division helps
Construction businesses have one more step. Delaware law requires construction service businesses to register with the Office of Contractor Registration at the Department of Labor before starting work in the state, on top of registering with the Division of Revenue and reporting new hires. The division keeps a public registry of certified construction contractors.
Delaware also requires employers to give staff information on workplace harassment prevention, and the division offers an official Sexual Harassment Notice to download for that purpose. Post it alongside the minimum wage notice.
The Division of Industrial Affairs covers more than pay. Its teams handle wage and hour issues, worker safety, discrimination claims, youth work permits, prevailing wage and workers' compensation. It also publishes a resource library of workplace compliance materials in English, Spanish and Haitian Creole, which helps employers with multilingual teams post notices staff can read.
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Pennsylvania is the next state along on the border, and the Pennsylvania minimum wage page shows it stays at the federal rate with a tipped wage of its own.
Delaware and its neighbours
| State | Basic minimum wage (as of October 2026) |
|---|---|
| Delaware | $15.00 |
| Maryland | $15.00 |
| New Jersey | $15.92 |
| Pennsylvania | $7.25 (federal rate) |
Delaware and Maryland now share the same $15.00 floor, while Pennsylvania next door still follows the federal $7.25. A business in Wilmington hiring staff who live over the line in Pennsylvania pays by where the work happens, not where the worker lives. See the Maryland minimum wage page for the rules on that side.
Payroll checklist for Delaware employers
- Set every covered employee's base pay at $15.00 an hour or more.
- For tipped staff, pay at least $2.23 cash and check weekly that tips bring the total to $15.00.
- Schedule a 30-minute meal break inside shifts of 7.5 hours or more.
- Keep records of hours, pay and tips for every period.
- Watch for any new law changing section 902.
My verdict
Delaware's answer is clean: $15.00 an hour as of October 2026, with no yearly formula. The risk sits with tipped staff, because the $2.23 cash floor leaves tips to cover most of each hour. If you employ servers or bar staff, run the weekly top-up check every pay period, not just when someone complains.
Delaware reached its current rate through a set schedule, and Florida has now reached the same level through an annual schedule of its own, which our Florida labor laws guide covers alongside teen hours.
Frequently asked questions
What is the minimum wage in Delaware?
It's $15.00 an hour as of October 2026. That rate took effect on January 1, 2025.
What is the tipped minimum wage in Delaware?
The minimum cash wage is $2.23 an hour, and tips must bring the worker's total pay to at least $15.00 an hour.
Will Delaware's minimum wage go up every year?
No. Section 902 has no automatic yearly increase, so $15.00 stays until the law changes or the federal rate rises above it.
Does Delaware require a lunch break?
Yes. Employees working 7.5 consecutive hours or more get a 30-minute break after the first two hours and before the last two hours.
Who enforces Delaware's minimum wage?
The Division of Industrial Affairs at the Delaware Department of Labor, which also takes wage claims from employees.
Is Delaware's minimum wage the same as Maryland's?
Yes, both are $15.00 an hour as of October 2026.
