Minimum Wage in New Castle County, Delaware
New Castle County, DE Minimum Wage and Wage Claims
What Is the Minimum Wage in New Castle County, DE?
You are entitled to the highest minimum wage that applies where you work, whether set by your city, county, or state government. (Most cities and counties don’t have their own minimum wage laws.)
New Castle County Minimum Wage
The minimum wage in New Castle County is $11.75, the state minimum wage.
Delaware Minimum Wage
The minimum wage in Delaware is $11.75 an hour. Because this is higher than the federal minimum wage of $7.25, employees in Delaware must be paid at least $11.75 an hour.
Visit https://labor.delaware.gov/divisions/industrial-affairs/labor-law/minimum-wage/ to learn more about Delaware’s minimum wage.
What Is the Tipped Minimum Wage in New Castle County, DE?
Some states and local governments allow employers to pay tipped employees a lower minimum hourly wage; others don't.
Delaware Tipped Minimum Wage
In Delaware, your employer may pay you a minimum wage of $2.23 an hour, as long as you earn enough in tips to bring your total hourly pay up to the full minimum wage, $11.75 an hour. If you don’t earn enough in tips to bring your compensation to the full minimum wage, your employer must make up the difference.
Who Enforces New Castle County, DE Minimum Wage Laws?
Delaware Enforcement Agency
If you have questions about Delaware's minimum wage, contact the
Phone: Wilmington: 302-761-8200; Dover: 302-422-1134
Find the phone number and address of the closest office of the Delaware Department of Labor at https://labor.delaware.gov/office-locations/.
How to File a Wage Claim in New Castle County, DE
If you were not paid the minimum wage in New Castle County, DE, you may have the right to file a wage claim or complaint with a government agency. Be sure to look at the wage claim materials (below) for the agency that enforces the law you believe was violated, whether city, county, or state.
All jurisdictions impose a time limit on how far back you may claim unpaid wages, so it's important to file your claim quickly. There may be other restrictions on the claims you may file, such as dollar-amount limits or limits on the agency’s ability to force employers to comply with the law. You may be required to ask your employer to pay you correctly before you file a claim. And, you almost always have the option to go straight to court and file a lawsuit instead of filing a wage claim with a government agency. For these reasons, it often makes sense to talk to an experienced wage and hour lawyer to make sure you know all of your options, understand the strength of your claims, and decide how to proceed.
Filing a Wage Claim with the Delaware Department of Labor
Find the form and instructions to file a wage claim in Delaware at the Delaware Department of Labor website.
Get Help With New Castle County, DE Wage Claims and Lawsuits
If you are considering filing a wage claim or lawsuit, you may want to speak to a local wage and hour attorney. The resources below can help you find a lawyer near you.
New Castle County, DE Free or Low-Cost Legal Assistance
Legal aid offices provide free legal assistance to low-income people. Typically, you must qualify for legal aid based on your income. Visit Legal Services Corporation of Delaware to find local resources and legal aid offices.
Some law schools have free legal clinics that provide assistance with specific problems, including wage and hour issues and other employment matters. Find a list of law schools offering legal clinics on a variety of issues at the American Bar Association Center for Pro Bono.
New Castle County, DE Lawyer Directories
Lawyer Referral Services in Delaware. Check with the Delaware State Bar Association for information on lawyer referral services in New Castle County, DE. Lawyer referral services match people with attorneys who specialize in particular legal fields, such as wage and hour law.
NELA’s “Find-A-Lawyer” Service. Search the National Employment Lawyer’s Association’s membership to find New Castle County, DE lawyers who specialize in wage and hour claims and other employment issues.