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 Statute 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 Statute 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 Statute 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 Statute 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 Statute 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 catching, taking, propagating, harvesting, cultivating or farming of any kind of fish, shellfish, crustacea, sponges, seaweeds or other aquatic forms of animal and vegetable life
  • Employees involved in canning or packing such marine products at sea as an incident to or in conjunction with a fishing operations, including the going to and returning from work and loading and unloading when performed by any such employee
  • Volunteers working for educational, religious or non-profit organizations where the employment relationship does not in fact exist or where the services are rendered to such organization gratuitously
  • Employees who are under 18 years old and working as junior camp counselors in training by a non-profit summer camp program
  • Inmates participating in programs provided by the Department of Correction

DE Statute 19-901(e)


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