CHAPTER 141

FORMERLY

HOUSE BILL NO. 72

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 3 AND

SENATE AMENDMENT NOS. 2, 4 AND 5

AN ACT TO AMEND CHAPTER 9, TITLE 19, DELAWARE CODE RELATING TO MINIMUM WAGE RATE.

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

Section 1. Amend §902(a), Chapter 9, Title 19, Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following:

"(a) Every employer shall pay wages at the rate of not less than $3.35 per hour to every employee in any occupation, except as may be otherwise provided under this Chapter, until such time as the minimum wage is set by the United States government at an amount in excess of $3.35 per hour. Upon the establishment of a Federal minimum wage in excess of $3.35, the minimum wage in this State shall be equal in amount to the Federal minimum wage, except as may otherwise be provided under this Chapter."

Section 2. Amend §906 of Title 19, Delaware Code by adding to the end of said section, the following:

"Notwithstanding the foregoing, an employer may pay wages at a rate less than the minimum wage, but no less than $3.35 per hour, to employees aged 18 years or younger who have been employed by the employer for a period of 90 days or less."

Section 3. Amend §902(b), Chapter 9, Title 19, Delaware Code by striking the phrase not to exceed 33 1/3%" and substituting in lieu thereof the following:

"equal to the tip credit percentage, as set by the federal government,".

Section 4. Amend §902(b), Chapter 9, Title 19, Delaware Code by adding at the end of said subsection the following:

In no event shall the minimum rate, under this subsection, be less than $2.23 per hour."

Section 5. This Act shall take effect January 1, 1990.

Approved July 20, 1989.