How are breaks and overtime calculated?

In Delaware, wage and hour laws require that employees receive meal breaks and overtime pay if they work more than 40 hours in a week. Meal breaks should be taken at least every four hours and must be at least 30 minutes long, but employers are not required to pay for these breaks. Overtime is calculated by multiplying the employee’s hourly rate by 1.5 and then multiplying that amount by the number of hours worked over 40 hours. For example, if an employee is paid $10/hour and works 50 hours in a week, then the employee would be paid an additional $75 for the extra 10 hours of work (10 x $15 = $150, and $150 / 2 = $75). Employees must be paid time-and-a-half for any hours worked over 40 in a week, even if that is more than their normal, hourly rate. For instance, if the employee mentioned above was paid $15/hour, they would still get an additional $75 of overtime pay for the extra 10 hours of work, since that was the rate calculated for overtime (10 x $15 = $150, and $150 / 2 = $75). Employers must also ensure that employees are given enough time off for rest and recuperation. Employees should have at least 24 consecutive hours off in a 7-day period. Additionally, employees cannot be required to work more than 12 hours in one day. If an employer is found to be in violation of Delaware wage and hour laws, they may be subject to various penalties, including financial penalties or even criminal charges.

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How are breaks and overtime calculated?

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