Delaware Wage and hour — Ask HR AI

What changes in Delaware

Report lookback (context): 7 years (FCRA default). Delaware applies FCRA timing; certain records may be expunged under 11 Del. C. §4373.

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"How do I decide whether a salaried operations manager is FLSA exempt? Focus on Delaware."

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Practitioner steps for Delaware

Step 1. Pay at least the Delaware minimum wage — track any DE city minimums (e.g. Seattle, Denver, NYC) that exceed the state floor.
Step 2. Follow the DE overtime rule; several states diverge from the FLSA 40-hour trigger (e.g. California daily overtime).
Step 3. Provide meal and rest breaks per state law and document waivers where allowed.
Step 4. Issue final pay within the DE-required window after separation and include all accrued wages, PTO, and commissions where applicable.

Applicable Delaware statutes and references

19 Del. C. §709B
19 Del. C. §711
HB 1 (2023)
15 U.S.C. §1681 et seq. (federal FCRA)

Frequently asked (federal + Delaware overlay)

What are the FLSA exemption tests?

An employee is exempt from federal overtime only if they meet all three tests: paid on a salary basis, paid at or above the current DOL salary threshold, and performing exempt executive, administrative, professional, outside sales, or computer duties as defined in 29 CFR Part 541. Job title does not control — actual duties do.

Does California have different overtime rules than federal law?

Yes. California requires daily overtime after 8 hours in a workday and double-time after 12, in addition to the federal weekly 40-hour threshold. Several other states also have daily overtime or seventh-consecutive-day rules.

Do we have to pay for meal breaks?

Under the FLSA, bona fide meal periods of 30 minutes or more are generally unpaid if the employee is fully relieved of duty. State law is often stricter — California requires premium pay if a compliant meal or rest break is not provided.

Is off-the-clock work compensable?

Yes. Time an employer knows or has reason to know the employee is working — including remote email after hours or pre-shift setup — is compensable under the FLSA and virtually every state analogue. A written policy prohibiting off-the-clock work is not a defense on its own.

Same topic in another state

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Ask HR AI is not legal advice. Confirm any final answers or suggested actions with your employment legal counsel before acting on them.

Wage and hour in Delaware.