Catching up on the government: potential new laws in Delaware

Before quarantine, the Delaware General Assembly was in the process of enacting new bills into law. They all still are awaiting committee review, but it’s important to know what could potentially pass.

Amended tip bill

The amendment to Delaware’s minimum wage statute changes the definition of who is subject to the tipping provision by expanding it to govern “tips or gratuities.” Previously, it governed only occupations in which gratuities are customarily received. While this may be a matter of semantics, it clarifies employee rights using the most common language, hopefully providing some additional insight for those governed by the law. Furthermore, while the old floor for consideration was $30 a month in tips or gratuities, the new threshold is 50% of their monthly income from direct tips, and not tip pools or similar mechanisms.

While the old bill emphasized tips are property of employees, the new language goes farther to emphasize that not only are the tips the employees’ property, but they also must be disbursed on the next payday and that employers cannot withhold credit card fees.