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Delaware Minimum Wage 2026: $15.00 an Hour, a $2.23 Tipped Wage and No Increase Scheduled for 2027

Delaware's minimum wage is $15.00 an hour in 2026, the last step of the schedule set by state law, with no increase set for 2027. How the $2.23 tipped cash wage works, who isn't covered, when final pay is due, the liquidated damages for late wages, and how to file a wage claim with the Delaware Department of Labor.

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Old postcard of Market Street in Wilmington, Delaware, with shops and cars
Old postcard of Market Street in Wilmington, Delaware, with shops and cars. Photo: Tichnor Brothers, Publisher, Public domain, via Wikimedia Commons.

Delaware’s minimum wage is $15.00 an hour in 2026 [1][2]. That was the final step in the schedule written into state law, which reached $15.00 on January 1, 2025 [1]. The law doesn’t adjust the rate for inflation, so nothing is scheduled for 2027 [1].

At a glance

Minimum wage, 2026
$15.00 an hour [1][2]
Scheduled change for 2027
None in current law [1]
Tipped workers
At least $2.23 an hour in cash [1][2]
Payday
At least once a month; within 7 days of the pay period's end [3]
Deadline to sue for unpaid wages
2 years [4]
Delaware minimum wage by year
Effective dateHourly minimum
January 1, 2022$10.50
January 1, 2023$11.75
January 1, 2024$13.25
January 1, 2025 (still in effect in 2026)$15.00
Source: 19 Del. C. § 902: Minimum wage rate · Checked 2026-11-15 · If a federal minimum wage higher than Delaware's is set, the state rate equals the federal rate.

No increase set for 2027

The Delaware Code lists each step up to $15.00 effective January 1, 2025, and stops there [1]. It has no automatic cost-of-living increase [1]. The one built-in trigger is federal: if Congress sets a federal minimum wage higher than Delaware’s, Delaware’s rate becomes equal to it [1]. So unless the General Assembly passes a new law or the federal rate rises, $15.00 stays the rate in 2027.

Tipped workers

A tipped employee in Delaware is a worker in a job where workers customarily and regularly receive more than $30 a month in tips [1]. For those workers, tips can count toward part of the minimum wage, but the cash wage can never be less than $2.23 an hour [1]. The Delaware Department of Labor adds that the rules ensure total earnings meet the minimum wage [2].

Delaware also protects service charges. If a restaurant or other business adds a mandatory service charge, it belongs to the employee who provided the main service unless the business clearly tells customers, in bold type on the menu, a placard or the bill, that all or part of it goes to management [1].

Who isn’t covered

Delaware’s minimum wage law doesn’t cover some workers, including [5]:

  • People employed in agriculture or in domestic service in a private home.
  • People in a bona fide executive, administrative or professional job, and outside commission salespeople.
  • Federal employees.
  • Junior counselors or counselors in training under 18 at a nonprofit summer camp.

The Department of Labor can also allow lower wages for learners and apprentices, but only under regulations it adopts after a public hearing [6].

When you have to be paid

  • Regular paydays at least once a month [3].
  • All wages due within 7 days after the end of the pay period [3].
  • If you quit or are let go, your final wages are due by the later of your next regular payday or three business days after your last day [7].
  • A 30-minute meal break is required after five consecutive hours of work, unless your job is exempt [2].

If an employer fails to pay wages it owes without reasonable grounds for a dispute, it’s also liable for liquidated damages of 10% of the unpaid wages for each day the failure continues, except Sundays and legal holidays, up to an amount equal to the unpaid wages [7].

If you’re not paid what you’re owed

The Department of Labor’s Office of Wage and Hour Enforcement handles complaints about unpaid wages, overtime and minimum wage violations [2]. To start one, you complete a Wage Claim Form with information about your employer, the dates you worked, the amount owed and the problem; you may be asked for pay stubs, time records or other documents [8]. The department suggests trying to resolve the problem with your employer first [9].

You can also go to court yourself. A civil action for unpaid wages and liquidated damages can be brought in any court that has jurisdiction, and a winning employee is awarded court costs and reasonable attorney’s fees [10]. An agreement to work for less than the minimum wage is no defense for an employer [11].

What $15.00 adds up to

At $15.00 an hour, a 40-hour week pays $600 before taxes, and 52 such weeks come to $31,200 a year [1].

Sources

  1. 19 Del. C. § 902: Minimum wage rate
  2. Delaware Department of Labor, Office of Wage and Hour Enforcement
  3. 19 Del. C. § 1102: Payment of wages on regular paydays
  4. 10 Del. C. § 8111: Work, labor or personal services (2-year limitation)
  5. 19 Del. C. § 901: Definition of terms (employees not covered)
  6. 19 Del. C. § 906: Wage rate for learners and apprentices
  7. 19 Del. C. § 1103: Employees separated from the payroll; damages for failure to pay wages
  8. Delaware Department of Labor: How do I file a wage claim in Delaware?
  9. Delaware Department of Labor: When should I file a wage complaint?
  10. 19 Del. C. § 1113: Remedies of employees (Wage Payment and Collection Act)
  11. 19 Del. C. § 911: Remedies of employees (Minimum Wage Act)

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Common questions

What is the minimum wage in Delaware in 2026?

$15.00 an hour. Delaware law raised the rate in steps to $15.00 effective January 1, 2025, and that is still the rate in 2026. If the federal minimum wage ever goes above Delaware's, the state rate rises to match it.

Will Delaware's minimum wage go up in 2027?

Not under current law. The Delaware Code's schedule ends at $15.00 on January 1, 2025 and doesn't index the rate to inflation, so a 2027 increase would take a new law or a higher federal minimum wage.

What is the tipped minimum wage in Delaware?

At least $2.23 an hour in cash for workers who customarily and regularly get more than $30 a month in tips. Tips can count toward the rest, but the Delaware Department of Labor says total earnings still have to reach the minimum wage.

How do I file a wage claim in Delaware?

File a Wage Claim Form with the Delaware Department of Labor's Office of Wage and Hour Enforcement. It asks about your employer, the dates you worked, the amount owed and the problem, and you may be asked for pay stubs or time records. You can also sue on your own; Delaware law gives two years to bring a claim for unpaid wages.

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