Minimum Wage Preemption: Newark vs Wilmington
How do minimum wage preemption rules compare between Newark, DE and Wilmington, DE?
Wilmington has fewer restrictions than Newark.
Newark, DE
New Castle County
Delaware sets a uniform statewide minimum wage under 19 Del.C. 902 and preempts local governments from establishing higher municipal minimum wages, with the rate scheduled to reach fifteen dollars by 2025.
View full Newark rules →Wilmington, DE
New Castle County
Delaware preempts local minimum-wage rules. The state minimum wage rose from $13.25 (2025) to $15.00 effective 2026 under DE Title 19 §902, applying uniformly across Wilmington and statewide.
View full Wilmington rules →Key Facts Comparison
| Fact | Newark | Wilmington |
|---|---|---|
| - | - | |
| 2026 min wage | - | $15.00/hour |
| State law | - | DE 19 §902 |
| Local preemption | - | Yes |
| Enforcer | - | DE Dept of Labor |
Highlighted rows indicate differences between cities.
Newark FAQ
Wilmington FAQ
Can Wilmington raise its own minimum wage?
No — Delaware Title 19 §902 sets a uniform state minimum wage that preempts local variation; Wilmington's wage equals the state floor.
What is the tipped wage?
Delaware sets a separate tipped minimum cash wage (currently $2.23/hour) provided tips bring total compensation to the full minimum; otherwise the employer must make up the difference.
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