Delaware Overtime Report
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How to fill out Overtime Report?
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FAQ
Most hourly employees in Delaware are entitled to a special overtime pay rate for any hours worked over a total of 40 in a single work week (defined as any seven consecutive work days by the Fair Labor Standards Act).
Employees in Delaware can be required to work overtime (ie mandatory overtime) without violating the overtime laws, as long as they are properly compensated at the premium rate required by law.
Work Hours in DelawareThere is no state law in Delaware that sets the number of hours an employer can require an employee to work. Instead, Delaware abides by the Fair Labor Standards Act that states that most people must receive overtime pay if they work more than 40 hours in a week.
The Fair Labor Standards Act (FLSA) requires that most covered employees receive overtime pay at time and one-half their regular rate of pay for all hours worked in excess of 40 per week. However, employees working in executive, administrative and professional positions are exempt from these overtime pay requirements.
Mandatory overtime may be regarded as unlawful unless it meets at least one of the five (5) conditions provided in Article 89 of the Labor Code of the Philippines which provides the rules about Emergency Overtime Work or the only circumstances when an employer may require his or her employees to perform overtime labor.
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.
Employees in Delaware can be required to work overtime (ie mandatory overtime) without violating the overtime laws, as long as they are properly compensated at the premium rate required by law.
Independent contractors, who are not considered legal employees, are also exempt from overtime law. Other exempt positions include some transportation workers, certain agricultural and farm workers, and some live-in employees such as housekeepers.
The standard work week for full-time employees shall be 37.5 hours or 40 hours as provided in the Budget Act.
Summary. Delaware law prohibits an employer from discriminating and retaliating against employees in a variety of protected classes. Employers must also provide equal pay, pregnancy accommodations and whistleblower protections, and allow wage discussions and access to personnel files.
