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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

Summary

  • 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.

Employee Classification

The distinction between exempt and nonexempt employees is not articulated separately under Delaware law, as it is under the FLSA. An employer subject to the FLSA should refer to the federal definitions of exempt and nonexempt employees. See Employee Compensation > Employee Classification.

Similarly, Delaware law does not provide overtime definitions or impose an additional rate of pay on top of the FLSA requirements. An employer subject to the FLSA should refer to the federal requirements for overtime pay. See Employee Compensation > Overtime. If a Delaware employer is not subject to FLSA requirements, state law is silent as to whether the employer is required to pay overtime.

Minimum Wage Exemptions

The following types of employees are excluded from the definition of "employee" and therefore are not subject to Delaware's minimum wage requirements:

  • Employees in agriculture;
  • Employees in domestic service in private homes;
  • Employees of the United States government;
  • Outside salespersons paid by commission;
  • Executives, administrators and professionals;
  • Volunteer workers for educational, religious or nonprofit organizations;
  • Junior camp counselors employed by nonprofit summer camps; and
  • Inmates participating in Department of Corrections programs.

+19 Del. Code § 901(3).

Employers that are subject to the federal minimum wage law and employ these types of employees should consult the FLSA provisions on minimum wage to determine whether the federal minimum wage applies. See Employee Compensation > Minimum Wage.

Communications in Postings Required by Delaware Law

Delware requires a poster relating to minimum wage exemptions and other requirements.

Future Developments

There are no developments to report at this time. Continue to check XpertHR regularly for the latest information on this and other topics.