Delaware 151st General Assembly (2021-2022) Status: In Committee 9 D cosponsors

HB 94 — AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE DELAWARE MINIMUM WAGE FOR EMPLOYEES RECEIVING TIPS OR GRATUITIES.

Last action — Adopted in lieu of the original bill HB 94, and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 151st General Assembly (2021-2022). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The minimum wage for employees who receive tips or gratuities has not changed since 1983, when the overall state minimum wage was $3.35 per hour. Tipped wage workers at that time were paid a percentage – 66.67% – of the minimum wage, which was $2.23 per hour. In 1989, the General Assembly changed the hourly wage to a flat $2.23 per hour, where it has remained since. Had the calculation been left unchanged, the tipped wage would have increased along with the minimum wage. Therefore, this bill ensures that employees who receive tips or gratuities also receive a minimum wage increase when other employees in the State receive a minimum wage increase.

Bill Text

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill increases the minimum wage for tipped employees, ensuring it rises in accordance with overall minimum wage increases.

  • § 902

    65% of the minimum rate as set forth in subsection (a) → $2.23 per hour

    The minimum wage for tipped workers is now set to the fixed amount of $2.23 per hour instead of a percentage of the general minimum wage.

Action History

  1. Adopted in lieu of the original bill HB 94, and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

Sponsors

Sponsorship breakdown

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4 sponsors · 8 co-sponsors · 50 not signed on

Sponsors (4)

Co-sponsors (8)

Not signed on (50)

50 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

What does HB 94 do?
The minimum wage for employees who receive tips or gratuities has not changed since 1983, when the overall state minimum wage was $3.35 per hour. Tipped wage workers at that time were paid a percentage – 66.67% – of the minimum wage, which was $2.23 per hour. In 1989, the General Assembly changed the hourly wage to a flat $2.23 per hour, where it has remained since. Had the calculation been left unchanged, the tipped wage would have increased along with the minimum wage. Therefore, this bill ensures that employees who receive tips or gratuities also receive a minimum wage increase when other employees in the State receive a minimum wage increase.
Who sponsors HB 94?
HB 94 is sponsored by Kimberly Williams (Democratic), John "Jack" Walsh (Democratic), Marie Pinkney (Democratic), Larry Lambert (Democratic), Sean M. Lynn (Democratic), Melissa Minor-Brown (Democratic), Eric Morrison (Democratic), Edward S. Osienski (Democratic), Madinah Wilson-Anton (Democratic), Gerald L. Brady, David Bentz, and John A. Kowalko.
What is the current status of HB 94?
This bill died with 151st General Assembly (2021-2022). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 94?
Track HB 94 free on One Click Politics — get push/email alerts when it moves.

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