Dealing With Unpaid Wages in Delaware
My employer hasn't paid me — here's what Delaware law says and what to do next.
Statute: Del. Code tit. 19, § 1103
Deadline: 7 days
Penalty: Employer may be liable for liquidated damages equal to the unpaid wages plus 10% of the amount due for each day wages remain unpaid, plus reasonable attorney fees
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How Delaware differs from federal law
Delaware has a minimum wage above the federal level:
- $13.25/hr as of January 2024, set to reach $15.00/hr by January 2025
- Delaware allows a tip credit — tipped employees can be paid $2.23/hr if tips bring total to minimum wage
- There is a training wage for the first 90 days for employees under 18
- No local jurisdictions have enacted higher minimums
- Delaware's minimum wage increases were enacted through Senate Bill 15 (2021)
Additional steps in Delaware
File wage complaints with the Delaware Department of Labor at (302) 761-8200 or labor.delaware.gov.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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Generate your unpaid wages →This page is general legal information for Delaware, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Delaware.