The current minimum wage in Delaware is $8.75.
It will be raised to $9.25 Oct. 1, 2020.
The current minimum wage for tipped employees is $2.23.
Employees may agree to participate in a tip pooling or sharing arrangement, but employers cannot be coerced to do so.
If more than one employee provides direct service to customers, the employer can require the employees to participate in a sharing system that does not exceed 15% of the primary gratuities.
Delaware law requires employers to pay non-exempt employees 1.5 times their regular rate of pay for all hours worked over 40 in a workweek. The Fair Labor Standards Act also requires that non-exempt employees be paid 1.5 times their regular rate of pay for all hours worked over 40 in the workweek.
The federal overtime rule stipulates that the minimum salary requirement for administrative, professional, and executive exemptions is $684 per week, or $35,568 per year. Workers making at least this salary level may be eligible for overtime based on their job duties.
Employers are required to provide meal breaks of at least 30 minutes to adult employees who work 7.5 hours or more in a day.
The break can be unpaid, and must be given sometime after the first 2 hours of work and before the last 2 hours.
Minors must receive a 30-minute break for every 5 consecutive hours of work.