Delaware Overtime Laws
If you are a busy financial services agent or build airplanes in the Diamond State of Delaware, you may wonder whether you are entitled to overtime pay if you work more than the usual amount of hours. Delaware does not have any specific state laws pertaining to overtime pay. Therefore, the state follows the Fair Labor Standards Act (FLSA), which essentially makes employers pay employees "time and a half" (1.5 times the employee's regular hourly pay rate) for all hours the employee works in excess of 40 in a week.
Delaware Overtime Law Overview
The below chart summarizes important parts of Delaware overtime law.
State and Federal Statutes
Overtime Calculation Methods:
Exempt from FLSA
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Even though Delaware follows the FLSA closely and does not add any different state-based rules regarding overtime, there is one Delaware state law provision which states that meal breaks "must be given some time after the first two hours of work and before the last two hours" if the shift is longer than 7.5 hours. This Delaware provision is also consistent with the FLSA.
Delaware Overtime Exemptions
Several types of workers are exempted from Delaware overtime laws, including:
- Professional employees
- Executive employees
- External salespeople that set their own hours
- Some computer-related employees
- Independent contractors
- Some transportation workers
- Certain agricultural and farm workers
- Some live-in employees such as housekeepers
Research the Law
- Official State Codes
- Delaware State Laws
- Delaware Employment Laws
- State Minimum Wage & Overtime Laws
Missing Out on Overtime Pay? Talk to a Delaware Attorney Today
If you experienced any of the scenarios outlined above, you may be entitled to overtime pay from your employer in Delaware. If you've been denied overtime pay or simply want to learn more about Delaware overtime law, it may be in your best interests to speak with a Delaware employment law attorney near you.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.