- "Blue-collar" workers in specific industries or jobs are eligible for overtime protection.work image by Alison Bowden from Fotolia.com
The United States Department of Labor enforces overtime laws through its Wage and Hour Division. The Wage and Hour Division enforces the Fair Labor Standards Act's (FLSA) requirement for overtime pay as applicable to specific employer types. Delaware does not require premium pay or time-and-a half, for overtime hours. These laws are regulated by the FLSA. The Delaware Office of Labor Law Enforcement follows federal regulations and enforces state-level overtime laws. In Delaware, overtime laws affect how employees are paid and establishes minimum wage and exemption status. - The Delaware Office of Labor Law Enforcement establishes the hourly minimum wage, which is affected by overtime hours. The FLSA establishes that employers may not require an employee work beyond 40 hours in one work week unless the rate of pay increases to "not less than one and one-half times the regular rate at which he is employed," according to Section 207 (a) (1) of the FLSA. However, the law applies to a specific group of employees while some are exempt.
- Employers classify employees as "exempt" or "non-exempt" when referring to salaries, overtime and hourly wages. An exempt employee is one who does not qualify for the protection of overtime laws while a non-exempt employee does, according to WorkPlaceFairness. The FLSA offers a specific definition of industries or positions that are exempt from overtime protection.
Seasonal and recreational park positions are not covered by overtime protection. Additionally, seamen, fishing operation employees, newspaper delivery, small farm employees and highly compensated employees are also exempt, according to WorkPlaceFairness. - Two factors determine whether you are eligible for overtime: job duties and payment structure. Typically, if you receive a salary of more than $455 per week and your position requires the execution of "high-level" duties, you do not qualify for overtime protection. To qualify for overtime in a salaried position, the primary duty of your position must require work that does not entail "a good deal of judgment or discretion," according to WorkPlaceFairness. "Blue-collar" positions--jobs that require manual labor and do not require or entail decision-making that significantly impact business processes, for example--are typically protected by overtime laws. However, the "duties test" examines "the character of the employee's job as a whole," according to WorkPlaceFairness.
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