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Employee Classification: Delaware

Employee Classification requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: E. Chaney Hall, Kathleen Furey McDonough and Jennifer C. Wasson, Potter Anderson & Corroon LLP


  • The distinction between exempt and nonexempt employees is not articulated separately under Delaware law, as it is under the FLSA. See Employee Classification.
  • Delaware law exempts several types of employees from its minimum wage law. See Minimum Wage Exemptions.