Delaware tip pooling laws & tipped minimum wage
In Delaware, employers can pay tipped workers $2.23/hr as long as tips bring them to the $15.00 minimum — here's how that works and who can legally share your tips.
| Regular minimum wage | $15.00/hr |
| Minimum cash wage for tipped workers | $2.23/hr |
| Maximum tip credit | $12.77/hr |
| Tips belong to | Employees — always |
A tip credit lets an employer count your tips toward the minimum wage it owes you. Rates reviewed July 2026. Rates change — confirm with the Delaware labor department. Not legal advice.
Delaware pairs a $15.00 minimum with a low tipped cash wage
Delaware’s minimum wage is $15.00 an hour, reached in January 2025 after a multi-year phase-in. Employers may pay tipped employees a cash wage of $2.23 an hour and claim a tip credit of up to $12.77, as long as your tips bring the total to at least $15.00.
The reduced cash wage only applies if you customarily receive more than $30 a month in tips. In any week where your $2.23 cash wage plus your tips do not average $15.00 an hour, your employer has to make up the difference in that paycheck.
Delaware law makes your tips your property and limits mandatory pooling
Under Section 902 of Title 19 of the Delaware Code, a gratuity is the sole property of the primary direct-service employee and may not be taken or kept by the employer. That protection is written directly into state law, not just borrowed from the federal rules.
Delaware does allow tip pooling, but with a strict limit. Where more than one employee serves the same customer, a required pool may take no more than 15% of the primary service employee’s tips, and it must be divided only among the other employees who served that customer. An employer may not, under any circumstances, receive any portion of the tips.
How to recover unpaid or withheld tips in Delaware
If your cash wage plus tips fell short of $15.00 an hour, or your employer kept part of your gratuities, that is a violation of Delaware wage law.
You can file a wage claim with the Delaware Department of Labor, Division of Industrial Affairs, which enforces the state minimum wage and tip rules. You may also file a complaint with the U.S. Department of Labor Wage and Hour Division.
Tip pooling in Delaware
Delaware follows the federal baseline: employers may require tip pooling. If your employer takes the tip credit (pays $2.23/hr cash), the pool may only include customarily tipped workers — servers, bussers, bartenders, runners, hosts. Back-of-house can only be included if everyone is paid full minimum wage with no tip credit. Managers and supervisors are always excluded.
One federal rule applies everywhere: managers and supervisors can never take from a tip pool. Separately, credit card processing fees may only be deducted from tips where state law allows it.
What this means for your tip-out
Because part of your legal wage in Delaware comes from tips, the employer's tip credit assumes those tips reached you. Use the tip-out calculator to split a shift by your house's percentages or by hours, and see standard tip-out percentages to check whether your house's rates are typical.
Delaware tip law FAQs
What is the tipped minimum wage in Delaware?
Employers in Delaware may pay tipped employees a cash wage of $2.23/hr and claim a tip credit of up to $12.77/hr toward the $15.00 minimum wage. If tips don't close the gap in a workweek, the employer must make up the difference.
Is mandatory tip pooling legal in Delaware?
Delaware follows the federal baseline: employers may require tip pooling. If your employer takes the tip credit (pays $2.23/hr cash), the pool may only include customarily tipped workers — servers, bussers, bartenders, runners, hosts. Back-of-house can only be included if everyone is paid full minimum wage with no tip credit. Managers and supervisors are always excluded.
Can my manager take a share of the tip pool in Delaware?
No. Federal law prohibits managers, supervisors, and owners from keeping any portion of employee tips in every state, including Delaware. A manager may keep only tips they directly and solely earned (e.g., a table they personally served start to finish).
Can my employer force me into a tip pool in Delaware?
Only within Delaware’s limit. Where more than one employee serves the same customer, a mandatory pool may take no more than 15% of the primary direct-service employee’s tips, shared only among the others who served that customer. The employer can never keep any part of the tips.
Who owns my tips under Delaware law?
You do. Section 902 of Title 19 states that a gratuity is the sole property of the primary direct-service employee and may not be taken or retained by the employer except as required by law, so managers and owners cannot keep a share.