The Delaware Minimum Wage and Overtime Laws specifically set how much and when a worker must be paid.
The laws are set forth by state statute and non-exempt employers must comply with these laws. There are numerous exceptions to these laws based upon the type of employment, the classification of the job, the type and manner of compensation, and the size of the employer. There are also federal wage laws pursuant to the Federal Labor Standards Act (FLSA) that also set forth pay requirements from employers.
Delaware Overtime Pay Laws
This issue has not been addressed by the law in this state, however federal overtime laws apply. There is no minimum number of employees that must work for an employer before the employer is responsible to comply with FLSA standards.
However, a business is covered by the FLSA if it has $500,000 or more in annual sales. Even if your employer is smaller, however, it is still covered by the FLSA (and must pay overtime) if it is engaged in what Congress calls “interstate commerce,” meaning it conducts business between states.
The FLSA creates two classifications of employees for purpose of minimum wage rates and overtime.
The two classifications of employees are exempt (employers do not need to pay the mandated minimum wage amount as long as the statutory exemption requirements are met) and non-exempt (employees under the age of 20 may be paid not less than $4.25 per hour for the first ninety (90) consecutive calendar days of employment.
Click here for more information on overtime pay laws.
Delaware Minimum Wage Laws
According to the Delaware Minimum Wage Act, minimum wage is currently set at $8.25 per hour since June 1, 2015. The Delaware Act is, however, tied to the federal Fair Labor Standards Act in that, if the federal minimum wage exceeds the rate established by the Delaware Minimum Wage Act, the state minimum wage must be equal to the federal minimum wage.
The FLSA allows employers to pay a lower hourly minimum wage, as long as that wage plus the tips the employee earns adds up to at least the full minimum wage for each hour worked. If not, the employer has to make up the difference.
In Delaware, employers can pay tipped employees an hourly wage of $2.23, as long as the employee’s tips bring the total hourly wage up to the state minimum wage. Additionally, employees in Delaware are entitled to a meal break of 30 minutes, unpaid, after the first two hours and before the last two hours, for employees who work seven and a half consecutive hours or more.
Visit http://dia.delawareworks.com/labor-law/ for more information on Minimum Wage Laws.
Delaware Minimum Wage & Overtime Laws Resource
An excellent resource for information is the Delaware Department of Labor Division of Industrial Affairs website.
Largest Cities in Delaware Providing Jobs
The ten largest cities in the State of Delaware provide jobs and income to both their own residents and those from outside communities. These include jobs in both public sector and private sector. The cities are listed below:
- Greater Newark
- Pike Creek-Central Kirkwood
- Lower Christiana
- Central Pencader
Commonly Asked Delaware Overtime Pay Questions
You probably have questions about the overtime pay laws. Our legal team will answer all of your questions and concerns, including:
- How much is overtime pay?
- Am I entitled to overtime pay?
- Does Delaware have mandatory overtime laws?
- What is the minimum wage and hour law?
- When is overtime owed?
- What is the overtime rate?
- How do I get my unpaid overtime pay?
Free Legal Advice For Delaware Unpaid Overtime Pay Claims
If you were not paid the required minimum wage pay or overtime pay, you have the legal right to pursue a wage claim against the past or present employer. There are strict time deadlines so you should contact our unpaid overtime lawyers today to determine whether you are owed unpaid wages. We will represent you on a No Win, No Fee basis so there are no legal fees or expenses unless we recover your unpaid lost wages for you.
To file a Delaware wage law claim, you should contact our highly qualified overtime lawyers today at (855) 754-2795 for a free, no obligation Case Review. You can also complete the Free Unpaid Overtime Case Review box on this page and an experienced attorney will contact you shortly.