CHAPTER 339

AN ACT TO AMEND SECTION 902, CHAPTER 9, TITLE 19, DELAWARE CODE, RELATING TO MINIMUM WAGE BY ADDING CERTAIN PROVISIONS DEALING WITH EMPLOYEES WHO CUSTOMARILY RECEIVE GRATUITIES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Section 902, Chapter 9, Title 19, Delaware Code, is hereby amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) as follows:

"(b) Every employer shall pay wages to employees engaged in any occupation in which gratuities have customarily and usually constituted and have been recognized as part of the remuneration for hiring purposes at a rate of not less than the following schedule:

(i) $1.15 an hour beginning July 1, 1968;

(ii) $1.30 an hour beginning February 1, 1969;

(iii) $1.45 an hour beginning February 1, 1970;

(iv) $1.60 an hour beginning February 1, 1971.

Gratuities received by such employees engaged in occupations in which gratuities customarily constitute part of the remuneration may be considered wages for purposes of this chapter to an amount not to exceed 50% of the applicable minimum rate as set forth in this subsection, the specific percentage to be determined by the employer and made known to the employee. For the purposes of this subsection an employee engaged in an occupation in which gratuities customarily constitute part of the remuneration shall be any worker engaged in an occupation in which workers customarily and regularly receive more than $20 per month in tips or gratuities."

Approved June 28, 1968.