Compliance Watch:

What are my rights as a salaried employee in Delaware?

In Delaware, a salaried employee is an individual who regularly receives a predetermined fixed amount of compensation from their employer. Employers in Delaware are obligated to remunerate their salaried workforce on a weekly, biweekly, or monthly basis, regardless of the hours worked.

Salaried employment in Delaware can be categorized based on eligibility for overtime. The first category includes salaried employees with exempt status, including professionals, executives, and administrative personnel. These employees do not qualify for overtime pay and receive the same compensation regardless of the number of hours worked, even if it exceeds the overtime threshold. On the other hand, non-exempt employees in Delaware are entitled to overtime pay for all hours worked beyond 40 in a work week.

To learn more about Delaware’s labor laws,  you can access our guides on your rights as an hourly employee and laws for salaried employees.

Salaried employees in Delaware are entitled to a range of basic rights. These rights include:

• Salaried workers who fall under the non-exempt category have the right to receive the state’s minimum wage.
• Delaware’s salaried workforce is subject to federal regulations such as the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Occupational Safety and Health Act (OSHA).
• Non-exempt salaried employees are eligible to receive overtime pay at a rate of 1.5 times their regular hourly wage for any hours worked beyond 40 hours in a single workweek.
• Qualified Delaware employees have the privilege of taking unpaid leave for specific medical and family-related reasons under the provisions of the Family and Medical Leave Act (FMLA).
• Workers in Delaware are protected from workplace discrimination based on various characteristics, including disability, national origin, ancestry, race, color, religion, gender, and military veteran status.
• Salaried employees have the entitlement to a workplace that adheres to safety standards outlined in the Occupational Safety and Health Act (OSHA), ensuring their well-being and access to necessary safety training.

There are some salaried employees who may be exempt from receiving overtime compensation, but this exemption does not apply to all salaried workers. The determination of exemption status for salaried employees in the state is made in accordance with federal guidelines, which encompass the following classifications:

• Professionals: These individuals have amassed advanced knowledge and expertise through years of experience, which they apply in overseeing and managing departments within their respective organizations.
• Executives: They possess advanced knowledge and expertise and hold the authority to make decisions regarding the hiring and termination of employees within their organizations.
• Computer Employees: This group includes positions such as software engineers, computer programmers, or analysts.
• Administrative Employees: This category includes individuals in roles related to accounting, quality control, human resources, personnel management, or labor relations.

For more information on overtime laws, you can access our guide on Delaware overtime laws. Also, get informed about how these overtime regulations could affect you by checking out What are my overtime rights in Delaware?

No. Employers are not allowed to take or redirect any part of an employee’s pay unless specific conditions are met, as detailed in Del. Code tit. 19 § 1107.

In Delaware, all employees must receive a meal break of at least 30 consecutive minutes if the employee is scheduled to work 7.5 or more hours per day. Meal breaks must be given sometime after the first 2 hours of work and before the last 2 hours of work. Minors are entitled to a 30-minute break for every 5 hours worked.

Employers in the state of Delaware are required to offer several types of leave to their employees. Companies have the liberty to decide based on their policies whether they provide sick leave. However, there may be obligations under laws like the Family and Medical Leave Act. Employers cannot penalize employees for taking jury duty leave, and any compensation employees receive from the state for jury duty cannot be treated as wages. 

Emergency response leave isn’t required for volunteer emergency responders, but it’s against the law for employers to punish employees participating in state-declared emergencies or who sustain injuries from them. State employees, teachers, and school employees are entitled to up to 30 days of paid leave for organ donation and up to 7 days for bone marrow donation. Lastly, the Uniformed Services Employment and Reemployment Rights Act (USERRA) requires Delaware employers to grant military leave for the entire tour plus an additional 90 days after, ensuring job security for employees called for military service, a law that all states in the US follow.

The State of Delaware recognizes the importance of providing employees with alternative work options, such as telecommuting and flexible work schedules. These options can be considered based on the operational needs of the company and the essential functions of the position. The Alternative Arrangement Work policy outlines specific guidelines for telecommuting, alternative work locations, and flexible work schedules, to improve efficiency while allowing both agencies and employees more flexibility in delivering state services.

This policy creates new opportunities for the state’s workforce to perform their duties effectively, enhances the balance between work and personal life, helps attract and retain employees, and supports the uninterrupted operation of services. All of this is achieved while adhering to state statutes, merit rules, and other applicable regulations.

In Delaware, an exempt employee is someone who is not eligible for overtime compensation when they work more than 40 hours in a week. This applies to individuals who earn a minimum of $684 per week (equivalent to an annual income of $35,568) and hold specific job roles, such as executive, administrative, professional, computer-related, or outside sales positions, as defined by the Fair Labor Standards Act (FLSA).

Exempt employees do not have the right to receive overtime pay, even if they work more than 40 hours in a week. Employers must have an understanding of both the FLSA and Delaware labor laws to ensure they comply, as incorrectly classifying employees can lead to expensive wage disputes and legal actions.

To determine if you’re exempt of non-exempt in Delaware, you can apply the following criteria to classify your exemption status, as established by the FLSA:

1. Salary Level Test: If your annual salary exceeds $35,568 ($684 per week), you might be eligible for exempt classification.
2. Salary Basis Test: If you receive a guaranteed minimum compensation, irrespective of the actual hours worked, you might qualify for exempt status.
3. Duties Test: In addition to fulfilling the initial prerequisites, your job responsibilities also fall into exempt classifications. These encompass executive duties, professional tasks involving intellectual work demanding specialized education and judgment, and administrative functions requiring discretion and judgment.

Delaware’s minimum wage stands at $13.25 per hour, surpassing the federal minimum wage of $7.25. The Fair Labor Standards Act (FLSA) dictates the minimum salary prerequisites for exempt salaried employees. At present, exempt employees in Delaware must be paid a weekly compensation of at least $684.

When a salaried employee eligible for overtime works beyond 40 hours within a given work week, they will be entitled to receive overtime compensation at a rate of one and a half times their regular hourly wage.

An employer can only withhold or redirect any part of an employee’s wages in the following cases:

• When required or authorized by state or federal law.
• When the deductions are for medical, surgical, or hospital services, and do not benefit the employer financially. These deductions must be clearly recorded in the employer’s financial records.
• When the employer has obtained written permission from the employee for lawful deductions that benefit the employee.

Delaware laws offer various protections and benefits which include the following:

• Minimum Wage: Delaware’s minimum wage stands at $13.25, surpassing the federal minimum wage requirement.
• Overtime Pay: Eligible workers are entitled to receive 1.5 times their regular hourly wage for hours worked beyond 40 in a single workweek.
• Paid Sick Leave: Delaware mandates paid sick leave for employees. Accrual rates are determined based on the size of the employer’s workforce.
• Equal Pay for Equal Work: Delaware has laws in place to address pay equity and prohibit wage discrimination based on gender. 
• Workers’ Compensation: In the event of work-related injuries or illnesses, Delaware employees are eligible for medical benefits and wage replacement, including vocational retraining for those with permanent disabilities.
• Unemployment Insurance: Financial assistance is available to individuals whose previous employers have contributed to the state’s unemployment tax fund.
• Protection Against Discrimination: Delaware enforces robust anti-discrimination laws, safeguarding employees from discrimination based on various factors such as race, gender, age, and more.
• Family and Medical Leave: The Delaware Family and Medical Leave Act (FMLA) provides job-protected, unpaid leave for eligible employees for up to 12 weeks for specific reasons. This includes family or medical emergencies.
• Whistleblower Protection: Delaware law includes provisions to shield employees who report workplace misconduct from retaliation, ensuring their rights and job security are preserved.

If you have any concerns related to interactions involving employees, personnel matters, or issues about processing and procedures, you should submit a formal complaint to the Department of Justice (DOJ). If you believe that your employment rights have been infringed upon under the Delaware Discrimination in Employment Act or the Handicapped Persons Employment Protections Act, you can file a discrimination charge with the Delaware Department of Labor.