On September 30, 2021, Delaware amended its wage and hour laws to repeal its training and youth minimum wage rates which permitted trainees and youths to be paid a subminimum wage rate of $8.75 per hour. As a result of the amendments, non-exempt employees in these categories will now need to be paid at least minimum wage. The amendments become effective on December 29, 2021.
What Is the State’s Minimum Wage Rate?
Delaware’s minimum wage rate is $9.25 per hour for non-exempt employees ($2.23 per hour for tipped employees).
Are There Any Exemptions From The State Minimum Wage?
The following positions are exempted from the state’s minimum wage rate:
- Employees in agriculture;
- Employees in domestic service in or about private homes;
- Employees of the U.S. Government;
- Outside commission paid salespeople;
- Bona fide executives, administrators and professionals;
- Employees engaged in fishing and fish processing at sea;
- Volunteer workers (for educational, religious or nonprofit organizations);
- Inmates participating in Department of Correction programs; and
- Junior camp counselors employed by nonprofit summer camp programs.
Next Steps for Employers
Employers in Delaware should review and adjust their payroll practices and procedures as necessary to ensure trainee and youth employees are paid at least the minimum wage rate.