Minimum Wage (January 2019)

Minimum Wage — Effective October 1, 2019 
Delaware’s minimum wage rate increased to $9.25 effective October 1, 2019.
*The following wage categories have not received a wage increase. The effective date of 1/1/19 remains current. 

Training Wage for adult workers ages 18+

• $8.75 an hour for the first 90 days on a new job, effective 1/1/19

Youth Wage for ages 14-17

• $8.75 per hour

Employees Who Receive Tips:

• The minimum cash wage payable to employees who receive tips is $2.23 per hour.
• Tips may not be taken or retained by an employer except as required by law.
• Tip pooling is permitted (under certain circumstances) in an amount not to exceed 15% of the actual tips received by the employee.

Minimum Wage Exemptions:

• Employees in agriculture
• Employees in domestic service in or about private homes
• Employees of the United States Government
• Outside commission paid salespeople
• Bonafide executives, administrators, and professionals
• Employees engaged in fishing and fish processing at sea
• Volunteer workers (for educational, religious, or non-profit organizations)
• Junior camp counselors employed by non-profit summer camp programs
• Inmates participating in Department of Correction programs

Delaware Labor Law Posting Requirements

Delaware employers must follow both federal and state labor law posting requirements. Below, we’ve summarized these requirements and offered a short explanation of the state-specific workplace posters.

Federal Posting Requirements for Delaware

Delaware employers are required to post the following federal labor law posters:

• Equal Employment Opportunity – EEO*
• Federal Minimum Wage Poster*
• Family and Medical Leave Act (FMLA) Poster*
• Occupational Safety and Health Administration (OSHA) Job Safety and Health Poster*
• Employee Polygraph Protection Act Poster*
• Uniformed Services Employment and Reemployment Rights Act (USERRA) Poster

Delaware-Specific Labor Law Posters

In addition to the federal labor law posters listed above, Delaware employers are also required to post the following mandatory state labor law posters. They must be displayed in a conspicuous and accessible place. Businesses that fail to post these notifications may be subject to penalties or fines.

• *Delaware Minimum Wage Poster: Employers must post this notice that includes the most up-to-date minimum wage rate. The current minimum wage in Delaware is $9.25 per hour; the rate for minors (aged 14 to 17) and the training rate for adults for their first 90 days on the job is $8.75 per hour. The poster also explains that employers must keep pay records for each employee for three years.
• *Delaware Payment of Wages Poster: This notice is required for employers with four or more employees. It must be provided to employees in writing when they are hired, and it must include their rate of pay; the day, hour, and place of payment; and a summary of the employer’s benefits policies.
• Delaware Child Labor Poster: This poster, required only for companies that employ minors, summarizes the state’s child labor laws.
• Delaware Discrimination Poster: This notice is required for employers with four or more employees. It summarizes the acts that qualify as illegal employment discrimination under the law and explains the procedure for filing a complaint. Under Delaware law, employers may not discriminate against employees because of their race, color, national origin, sex (including pregnancy), religion, disability, age, genetic information, sexual orientation, gender identity, marital status, or membership in a volunteer emergency responder organization (volunteer firefighters, ambulance personnel, or ladies’ auxiliary). The law also forbids discrimination against victims of domestic violence, sexual assault, and stalking as well as against those with family care responsibilities. Discrimination based on reproductive health decisions is also prohibited.
• *Delaware Workers’ Compensation Poster: Delaware employers must post this notice for their employees and carry workers’ compensation insurance coverage. The poster explains the obligations of both employers and employees in the event of a workplace injury, including recordkeeping requirements.
• *Delaware Employee Breaks Poster: Employers must post a notice describing the breaks required during working hours.
• Delaware Whistleblower Notice Poster: This notice advises that employers cannot retaliate against employees who report workplace violations, so long as they are not false.

Employers in various industries may have additional labor law posting requirements. They may also have an obligation to post in multiple languages, depending on the composition of their workforce.

*Included on Spanish poster

NOTE: Spanish posters may not include all notices published on the English poster and may vary from our standard 18″w x 24″h size since some states do not issue all notices in Spanish.

Employment posters must be posted in a conspicuous location.

Minimum Wage – Jan 2019
Discrimination – Jan 2019
Discrimination – Jan 2017
Workers’ Compensation – Jan 2017
Minimum Wage – October 2014
Workers Compensation – October 2014
Child Labor – October 2014
Discrimination – October 2014
Payment of Wage – October 2014
Breaks – October 2014

Order our 1-Year Compliance Plan – Get current posters and 12 months of free labor law poster updates!