Delaware Overtime and Meal & Rest Break Laws for Nurses

Delaware does not recognize state-specific overtime laws that differ from those set forth in the Fair Labor Standards Act (FLSA). The FLSA provides for mandatory overtime pay for nurses working beyond 40 hours within one standard workweek. Federal code sections define the work week as seven consecutive days, including weekends. Employers may not manipulate the start of workweeks to avoid paying overtime but are not required to pay overtime to any employee who works longer than eight hours in one given day provided the weekly total does not exceed 40 hours. If the weekly total number of hours worked exceeds 40, the employer must pay time and one-half.

Under Delaware Code Annotated Title 19, Section 707 employers must provide a 30-minute unpaid meal break after the first two hours but before the last two hours of work for any shift lasting 7 ½ hours or longer. Employers and employees are free to agree to other terms provided the terms are reduced to writing.


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