HOURLY WAGE INDEX
Let’s talk wages in Delaware
What is the minimum wage in Delaware?
As of January 1, 2023, the minimum wage in Delaware is $13.25 per hour.
The minimum wage in Delaware refers to the legally mandated minimum hourly wage that employers must pay their employees within the state. It's important to note that the minimum wage in Delaware can change over time as it is periodically adjusted to reflect economic conditions and the cost of living. To obtain the most up-to-date information on the current minimum wage in Delaware, it is advisable to consult the Delaware Department of Labor or other authoritative sources. Employers in Delaware are required to comply with the minimum wage laws to ensure fair compensation for their workers and avoid any legal consequences.
What is the average wage in Delaware?
The average wage in Delaware is $31.73 per hour. This is lower than the national average wage of $21.89. The highest-paid workers in Delaware are in the fields of management, business, science, and arts. The lowest-paid workers are in food service, personal care, and retail.
What is the living wage in Delaware?
The living wage in Delaware is $11.50 per hour, or $23,776 per year. This is higher than the state minimum wage of $8.75 per hour, but lower than the average wage of $17.81 per hour. The living wage is the hourly wage that a family needs to earn to cover basic expenses, such as housing, food, transportation, and child care.
A guide to hourly labor laws in Delaware
- Standard Minimum Wage: $13.25 (Del. Code tit. 19 § 902).
- Tipped Minimum Wage: $2.23, totaling at least minimum wage after tips (Del. Code tit. 19 § 902).
- Overtime: No state law. Hours exceeding 40 in a fixed week are overtime, according to federal law (29 US Code § 207) (DoL).
- Meal Breaks: Federal law allows unpaid, non-working, bona-fide meal breaks over 30 minutes; exceptions may apply (29 C.F.R. § 785.19) (DoL). Employees who work 7.5 consecutive hours must receive an unpaid meal break of at least 30 consecutive minutes. If the employee works more than 7.5 hours, the meal break must not be given in the first or last two hours (Del. Code tit. 19 § 707).
- Rest Breaks: No state or federal law requiring rest breaks. However, breaks lasting 5–20 minutes must be paid (29 C.F.R. § 785.18).
- Wage Deductions: Employers may only deduct wages when required by law or authorized in writing by the employee. Deductions for losses or shortages are generally not allowed. Third-party deductions benefitting the employer may not reduce wages below the applicable minimum (29 C.F.R. § 4.168) (29 US Code § 203) (Del. Code tit. 19 § 1107).
- Final Paychecks: Regardless of whether the employee is leaving due to termination or resignation, the employee must receive their final paycheck by the later of three days or the next regularly scheduled payday (Del. Code tit. 19 § 1103).
- Wage Payment Frequency: At least once per month (Del. Code tit. 19 § 1102).
- Paid Sick Leave: No state/federal law. Policies are determined by the employer or through collective bargaining agreements (DoL).
- Paid Family and Medical Leave: No paid leave laws. For eligible employees, the federal FMLA provides up to 12 unpaid weeks in a one-year period for a qualifying medical condition (FMLA).
- Maximum Daily and Weekly Hours for Children Under 16:
- School days: Up to four hours per day and 18 hours per week.
- Non-school days: Up to eight hours per day and 40 hours per week.
- Hours: Minors are restricted from working between 7 p.m. and 7 a.m. except between June 1 and Labor Day, when hours are extended until 9 p.m. (Del. Code tit. 19 § 506).
- Maximum Daily and Weekly Hours for Children 16 and 17:
- Non-school session: No more than eight hours per day and 48 hours per week.
- School session: Up to four hours per day on school days and eight hours on non-school days (Del. Code tit. 19 § 507).
Frequently asked questions
What is the difference between gross wages and net wages?
It's important to remember that the Hourly Wage Index data above reflects gross wages, or the amount of money an employee earns before accounting for payroll deductions like taxes, benefits, or wage garnishments. Due to variability in tax rates across locations, slightly lower gross wages in a certain location might result in higher take home pay, or vice versa.
What is a good hourly wage?
This question is a difficult one to answer, as a "good hourly wage" is highly subjective according to experience, work responsibilities, cost of living, and other factors. We recommend using Hourly Wage Index data as a starting point. Once you have established a baseline for certain positions, do further research into similar businesses in your area. Lastly, consider surveying your employees. They're the best resource to help you know what is a good hourly wage, what competitive pay looks like in your location, and how competitive wages change in your industry over time.
Offering competitive pay is one of my top priorities—what other resources do you have that might help?
We know that getting applicants to pay attention to your business can be extremely challenging, and that offering competitive pay is a huge part of that. Wages aren’t everything, however! Applicant experience is another important factor that can help set you apart from your competition. A few examples include:
- Short, easy to understand job descriptions
- Mobile-friendliness
- Quick communication
- Streamlined interview stages
Resources
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