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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:

  • Hourly: Pay time and a half (1.5 times the regular rate) for hours worked in excess of 40 hours per workweek.
  • Hourly Plus Bonus and/or Commission: Regular rate = Total hours times hourly rate, plus the workweek equivalent of the bonus and/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.
  • Salary: Regular rate = Salary divided by the number of hours the salary is intended to compensate.
    • If the regular hours are less than 40: Add regular rate for each hour up to 40, then pay time and a half for hours over 40.
    • If the regular hours = 40: Pay time and a half for hours over 40.

Exempt from FLSA

  • The following classes of employees are not entitled to overtime pay in Delaware (partial list):
    • Professional employees
    • Executive employees
    • External salespeople that set their own hours
    • Some computer-related employees
    • Independent contractors

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.

Meal Times

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

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.

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