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.
Delaware Title 19 §902 sets a statewide minimum wage that preempts local variation; Wilmington cannot enact a higher city minimum wage. Under SB 15 (2021), Delaware phased increases reaching $13.25 in 2025 and $15.00 effective January 2026. Tipped wages, training wages for first-90-day employees under 18, and youth wages have separate provisions. Wilmington employers must comply with both DE and federal Fair Labor Standards Act requirements; the higher of the two applies. The Delaware Department of Labor enforces wage claims.
Paying below the state minimum exposes employers to DE Department of Labor wage-claim actions, back-pay liability, liquidated damages, and civil penalties under Title 19.
See how Wilmington's minimum wage preemption rules stack up against other locations.
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