What are the rules for paying overtime?
In Delaware, employers must pay overtime wages to employees who work more than 40 hours a week. The overtime rate must be at least 1.5 times the employee’s regular rate of pay. Additionally, Delaware laws require double time to be paid to employees who work more than 12 hours in a day or who work more than 8 hours on the seventh consecutive day of a workweek. The Fair Labor Standards Act (FLSA) is also applicable in Delaware and requires employers to pay at least the federal minimum wage of $7.25 per hour. Furthermore, the FLSA requires that employers must pay overtime for all hours worked over 40 in a workweek, at a rate of one and one-half times the employee’s regular rate of pay. Employers are prohibited from making deductions from their employee’s wages if the deductions would bring the employee’s compensation below the required minimum wage rate. Additionally, employers cannot force their employees to work overtime, require employees to work more than 12 hours in a day or more than 8 hours on the seventh consecutive day of a workweek, or pay their employees less than the required overtime rate. Employers should also be aware of the laws surrounding tipped workers. In Delaware, a tipped employee’s wages must equal at least the state minimum wage rate. Furthermore, tipped employees must be paid overtime wages if they work more than 40 hours in a workweek. In summary, Delaware laws require employers to pay overtime wages to employees who work more than 40 hours in a single workweek. The overtime rate must be at least one and one-half times the employee’s regular rate of pay. Furthermore, employers must not make deductions that would bring the employee’s wages below the minimum wage rate or require employees to work more than 12 hours in a day or 8 hours on the seventh consecutive day of a workweek.
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