Delaware does not have overtime laws that are different from federal law. Additional information on federal overtime law is available at http://www.workplacefairness.org/overtime.
The minimum wage in Delaware is $8.25 per hour, which is higher than the federal minimum wage of $7.25 per hour.
Generally, employers cannot use other costs of employment to decrease the minimum wage required. Employers, however, can use tips and gratuities to reduce the minimum wage required to $2.23.
The following employees may be paid at a rate below the minimum wage:
The following employees are exempt from the minimum wage requirement:
Under Delaware laws, all employees are entitled to a thirty minutes meal break after the first two hours and before the last two hours of work if they are scheduled to work at least seven and a half hours per day.
The meal period requirement does not apply to the following employees:
You can file a wage claim with the Delaware Department of Labor's Office of Labor Law Enforcement.The form for doing so can be found here: http://dia.delawareworks.com/labor-law/documents/Wage%20Payment%20Claim%20Form.pdf.
If you have a wage/hour claim, do not delay in contacting the Office of Labor Law Enforcement to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file with one year from the date that the claim arose.
Do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim.
In Delaware a private attorney can file a private lawsuit to recover past compensation plus attorney's fees and reasonable costs.
Division of Industrial Affairs
4425 North Market Street
Wilmington, DE 19802
Phone: (302) 761-8200
24 N.W. Front Street, Suite 100
Milford, DE 19963
Labor Law Phone: (302) 422-1134
Workers Compensation Phone: (302) 422-1392
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