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Delaware Wage and Hour Laws

In the United States, there are both state and federal wage and hour laws that protect workers' right with respect to pay. These laws come in many shapes and sizes and set important minimum standards such as how many hours an employee can work per day, overtime wage rates, weekend pay, and more. The federal wage and hour laws are contained in the Fair Labor Standards Act (FLSA) and set minimum standards for the entire country. States have the power to enact their own wage and hour laws as long as the state law doesn't dip below the federal minimum established in the FLSA.

For example, the federal minimum wage (as of July 24th, 2009) is $7.25 per hour, but Delaware's state law requires that employees working in the state must be paid at least $8.25 per hour. This state law is acceptable because it doesn't fall below the federal minimum wage of $7.25 per hour. The table below outlines Delaware's minimum wage rate, which is one the state's most important wage and hour laws.

Code Section

Delaware Code section 902: Minimum Wage Rate

What's Prohibited?

Effective June 1st, 2015, employers must pay all nonexempt employees an hourly wage of at least $8.25.

Tipped Employees

Employees engaged in occupations that customarily receive gratuities, and that receive more than $30 per month in tips, are "tipped employees."

The gratuities that tipped employees receive can be considered wages in an amount equal to the federal tip credit percentage. However, in no event can the minimum rate, be less than $2.23 per hour.

Penalties

Violations of this section are punishable by a fine of $1,000 to $5,000 for each violation.

Any employer who discharges or discriminates against an employee because that employee made a complaint regarding compliance with the state's minimum wage rate is subject to a fine of $1,000 to $5,000 for each violation.

Overtime Pay

Delaware doesn't have a state wage and hour law that governs overtime pay. Therefore, employers in Delaware are required to follow the FLSA's overtime pay rule. The federal law requires that employers who work more than 40 hours in a workweek be paid at a rate of at least one and a half times their regular pay rate for all hours worked in excess of 40 hours.

Posting of Laws and Regulations

Every employer in Delaware is required to post a summary of the state's minimum wage laws in a conspicuous and accessible location where employees normally pass by. Many employers post a chart of Delaware's main wage and hour laws in order to comply with this posting requirement.

Additional Resources

State laws change frequently. For case specific information regarding Delaware's wage and hour laws contact a local employment lawyer.

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