Delaware Meal Laws
The United States does not have any federal laws in regards to required
mealtime breaks. Because of this thirty-one states do not have required
breaks for meals after any period of time. Delaware however has passed
a mealtime requirement law at the state level. When an employee works a
seven and one half hour or more shift, he or she is entitled under law
to a thirty-minute break for a meal. There is one stipulation that does
apply: employees must have worked at least two hours prior to taking a
meal break and employees must take a meal break at least two hours
prior to clocking off.
Some kinds of employees, like teachers, are exempt from this law.
Delaware law only covers businesses that have five or more employees on
a single shift. Delaware truck drivers are required to take mealtime
breaks when traveling long distances, as stated by the Department of
Transportation. Similarly restroom breaks are often not mandatory but
most businesses and companies allow employees a timely break for
necessities.
Unpaid Leave
The Family and Medical Leave Act is an act created at the federal level
that requires employers to allow employees to take leave for medical
issues and health conditions. This kind of family or health leave can
be no longer than twelve weeks and must be used continuously and not
broken into several months' time. The Family and Medical Leave Act
requires an employer to provide the employee with his or her same job
or a job of equal pay upon return. This kind of leave also includes
maternity leave, which allows a mother to bond with her newborn or
parents to bond with their recently adopted child.
Medical or family leave is unpaid leave, which means the state of
Delaware does not require employers to pay employees during their time
of absence. However some employers may choose to create payment plans
for leave but are not required to do so. Union contracts and other
benefits may allow for extra payment along with protection from
termination. Employers are not allowed to terminate a pregnant employee
on the grounds of expectancy or necessity for leave. However if a
company or business is downsizing or must eliminate employees, pregnant
employees and employees on leave are subject to termination, if
necessary.
Delaware Overtime and Wages
Delaware, unlike other states, does not have any state law regulating
overtime. Thus Delaware claims the federal law for overtime where
employees are to be paid time and a half after working forty hours in a
single week. Employers are also not required to pay employees for
holidays. Employers are not required to give employees time off for
holidays nor pay them extra for working a holiday.
The Fair Minimum Wage Act of 2007 states that no state can have a
minimum wage below seven dollars and twenty-five cents per hour. The
Fair Wage Act amended the Fair Labor Standards Act of 1938 and raised
the federal minimum wage from five dollars and fifteen cents. As such
Delaware raised its minimum wage to the federal minimum.