Wage-and-hour ground rules for hotel and hospitality employers in Delaware — minimum wage, tipped-employee rules, overtime, breaks, premium pay, and the hotel-specific obligations that apply on top. Figures below were last reviewed on June 12, 2026; most rates adjust annually.
Verified as of June 12, 2026 — every figure on this page was checked against the official sources listed at the bottom on that date. How we verify →
Minimum wage#
The Delaware minimum wage is $15.00 per hour, effective January 1, 2025. The 2021 law (SB 15) finished phasing in at $15.00 on 1/1/2025; no further increases scheduled and no indexing as of this review.
Tipped employees & tip pooling#
Delaware allows a tip credit: employers may pay tipped employees a cash wage of $2.23 and claim up to $12.77 per hour in tips toward the minimum wage. Employees who customarily receive more than $30/month in tips; tips plus cash wage must equal at least $15.00/hour or the employer pays the difference. The $2.23 cash floor has not moved with the minimum wage, so Delaware now has one of the widest tip credits in the country ($12.77) — makeup-pay audits are the main exposure.
Tip pooling#
Delaware law treats tips as the employee's property; pooling is permitted among employees who customarily receive tips (statute historically caps mandatory pooling contributions at 15% — verify application with DE DOL), and employers may not share in pools. (19 Del. C. §902)
See the federal baseline rules in our tip credit and tip pooling briefs — the stricter of federal or Delaware law controls.
Overtime#
Overtime is due after 40 hours in a workweek. No state overtime statute; FLSA time-and-a-half after 40 hours governs.
Run the math — including the tipped-overtime trap — with the tipped overtime calculator.
Meal & rest breaks#
Meal breaks: 30-minute unpaid meal break for shifts of 7.5+ consecutive hours, falling after the first 2 hours and before the last 2; exceptions for small workplaces and where employees can eat while working by agreement. (19 Del. C. §707)
Rest breaks: Not required by Delaware law.
Scheduling & premium pay#
- Reporting-time pay: None required by state law.
- Split-shift premium: None.
- Spread of hours: None.
Service charges & gratuities#
Delaware has no service-charge-specific statute — the federal tip/service-charge line (and IRS treatment) controls. Background: service charges, auto-gratuities & resort fees.
Pay administration#
- Pay frequency: At least monthly, on regular paydays within 7 days of the close of the pay period (19 Del. C. §1102).
- Wage statements: Statement each payday showing wages due, pay period dates, hours worked (for hourly staff), and all deductions. (19 Del. C. §1108)
- Exempt salary floor: $684.00/week (federal) — No state EAP salary floor; federal $684/week applies (DOL's 2024 increase was vacated and DOL reverted).
- Lodging credit: Reasonable board/lodging allowances toward the minimum wage are permitted as determined by Delaware DOL regulation; document cost basis and employee agreement.
Beach-resort seasonality (Rehoboth, Dewey) makes the wide $12.77 tip credit and weekly makeup-pay math the principal compliance issue. No Delaware municipality has adopted a local minimum wage.
Official sources#
- Delaware DOL Division of Industrial Affairs — Labor Law Enforcement
- OnPay Delaware minimum wage 2026 guide (accessed 2026-06-12)
- Minimum-Wage.org Delaware tipped employee minimum wage (accessed 2026-06-12)
- US DOL minimum wages for tipped employees table (accessed 2026-06-12)