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In Delaware, full-time employment generally requires working at least 30 hours per week, but this can vary by employer. Employers should correctly classify employees to meet obligations under the Delaware Nonexempt Employee Time Report. Understanding these requirements aids businesses in compliance and helps avoid potential penalties. Knowing the standards also supports employee rights and expectations.
According to Delaware law, full time employment status is defined as the employment of one individual for at least thirty five hours per week.
Exempt workers are exempt from overtime payso even if they work more than 40 hours in a workweek, they're not eligible for overtime pay. So, whether a salaried employee has to fill out a timesheet will come down to whether they're considered exempt or non-exempt.
According to the United States Department of Labor, the Fair Labor Standards Act (FLSA) does not define the number of hours an employee must work to be considered full-time.
Most employers generally agree that full-time work is anything around 35 hours and above. However, there's actually no official amount of hours which classifies a job as being full-time, and it could drop as low as 30 hours per week for some roles (which is why this is often considered the minimum).
Nonexempt: An individual who is not exempt from the overtime provisions of the FLSA and is therefore entitled to overtime pay for all hours worked beyond 40 in a workweek (as well as any state overtime provisions). Nonexempt employees may be paid on a salary, hourly or other basis.
The standard work week for full-time employees shall be 37.5 hours or 40 hours as provided in the Budget Act.
Examples of non-exempt employees include contractors, freelancers, interns, servers, retail associates and similar jobs. Even if non-exempt employees earn more than the federal minimum wage, they still take direction from supervisors and do not have administrative or executive positions.
Official employer designations regarding full-time employment generally range from 35 to 45 hours, with 40 hours being by far the most common standard. Some companies consider 50 hours a week full-time for exempt employees.
Employees who do not meet the requirements to be classified as exempt from the Minimum Wage Act are considered nonexempt. Nonexempt employees may be paid on a salary, hourly or other basis. Employees who do not qualify for an exemption but are paid on a salary basis are considered salaried nonexempt.