CHAPTER 84

FORMERLY

HOUSE BILL NO. 201

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 9, PART I, TITLE 19 OF THE DELAWARE CODE RELATING TO INCREASES IN THE MINIMUM WAGE RATE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 902, Chapter 9, Part 1, Title 19 of the Delaware Code, by striking said section in its entirety and substituting in lieu thereof the following:

"§902. Minimum Wage Rate

(a) Every employer shall pay wages at the rate of not less than $3.00 per hour to every employee in any occupation, except as may be otherwise provided under this Chapter.

(b) Gratuities received by 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 33 1/3% of the minimum rate as set forth In subsection (a), 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.

(c) Any gratuity received by an employee or indicated on any receipt as a gratuity is the property of that employee which may not be taken or retained by the employer except as permitted by state or federal law."

Approved June 29, 1983.