Claiming Unpaid Overtime Wages in Delaware
Am I eligible to collect unpaid overtime from my employer?
The Delaware overtime minimum wage is $17.63 per hour, one and a half times the regular minimum wage of $11.75. If you earn more then the Delaware minimum wage rate of $11.75, you are entitled to at least 1.5 times your regular hourly wage for all overtime worked.
If your employer has failed to pay you a proper overtime wage for any amount of qualifying overtime worked, you are eligible to receive back wages and possibly additional damages from your employer.
The Fair Labor Standards Act (FLSA) explicitly protects Delaware workers who file an overtime complaint from being penalized by their employer for filing the complaint with threats, suspension, or firing. The statute of limitations for filing an overtime claim is two years, although this is increased to three years in the case that your employer willfully and knowingly broke the law in failing to compensate you for overtime worked.
How can I collect back wages if my employer owes me overtime?
After checking to ensure that your job is not exempt from overtime under Delaware law, the next step to take in filing an unpaid overtime claim is submitting an official complaint including all pertinent information to your local Department of Labor office. If the Delaware Department of Labor cannot solve your overtime case, you can file a civil claim with the Delaware state court system by levying an unpaid overtime lawsuit against your employer.
Delaware Min Wage - $11.75 per hour as of 2023