Delaware Minimum Wage and Overtime Exemptions




Executive exemption

Bona fide executive employees are exempt from Delaware’s minimum wage law, however, Delaware does not define the criteria for an employee to be deemed a bona fide executive employee. DE Code 19-901(e)(3) The standards set forth by the federal Fair Labor Standards Act regarding executive employees may provide reasonable guidance.



Administrative exemption

Bona fide administrative employees are exempt from Delaware’s minimum law, however, Delaware does not define the criteria for an employee to be deemed a bona fide administrative employee. DE Code 19-901(e)(3) The standards set forth by the federal Fair Labor Standards Act regarding administrative employees may provide reasonable guidance.





Professional exemption

Bona fide professional employees are exempt from Delaware’s minimum law, however, Delaware does not define the criteria for an employee to be deemed a bona fide professional employee. DE Code 19-901(e)(3) The standards set forth by the federal Fair Labor Standards Act regarding professional employees may provide reasonable guidance.



Outside salesman exemption

Outside commission paid salesmen are exempt from Delaware minimum wage. DE Code 19-901(3)(c) The standards set forth by the federal Fair Labor Standards Act regarding outside sales employees may provide reasonable guidance. Route drivers who customarily perform services away from their employer’s premises are not outside commission paid salesmen even if they take orders for goods or services. DE Code 19-901(e)(3)



Computer employee exemption

Delaware minimum wage law does exempt computer systems analysts, computer programmers, software engineers, or other similarly skilled workers from its minimum wage requirements.



Other minimum wage and overtime exemptions

Delaware also exempts the following employees from its minimum wage and overtime requirements:

  • Employees working in agriculture
  • Employees working in domestic service in or about the employer”™s private residence
  • Employees working for the United States Government
  • Employees involved in fishing and fish processing at sea
  • Volunteers working for educational, religious or non-profit organizations
  • Employees working as junior camp counselors and employed by a non-profit summer camp program
  • Inmates participating in programs provided by the Department of Correction

DE Code 19-901(e)