Overtime laws Delaware

Everhour supports timecards for payroll review, while Delaware overtime calculations follow the federal weekly overtime baseline.

What will your overtime pay be?

Calculate regular and overtime earnings based on your hours and rate. Supports standard time-and-a-half and double-time multipliers.

Total hours including overtime

$

Typically 40h/week

Total pay this period
Regular pay$1,000.00
Overtime pay$300.00
OT hours8h

Everhour does it all — track, budget, report & invoice

The calculator gives you the number — Everhour takes it from there.

Go ahead — start tracking!

One click and you're timing. Start a timer, add an entry, edit the details. This is exactly how it feels in Everhour.

  • One-click timer — browser, desktop & mobile
  • Works inside Asana, ClickUp, Linear, GitHub & more
  • Simple setup, no learning curve
Works with your favorite tool:
Everhour — Time Tracking
Time Entries
01:24:00
00:31:00
01:07:00

No more budget surprises

Set a budget, assign rates, and get alerted before you're over.

  • Real-time cost tracking
  • Set different rates per person or project
  • Alerts before you hit the budget limit
Everhour — Budgeting
Acme Web Project
1
50% of budget used
$2,500.00of $5,000.00
$2,500.00 remaining
75%
Actual costRemaining cost

Measurement

Track your budget through time or costs

Simple, customizable reports

Every report you need — configured your way, always up to date.

  • See who does what in real time
  • Configure any report
  • Scheduled email reports
Everhour — Reports

Your invoice is ready!

Tracked hours flow straight into a polished invoice — no copy-paste, no manual math.

  • Billable hours straight into the invoice
  • Configure invoice templates
  • Copy invoices to QuickBooks or Xero
  • Invoicing dashboard with status
Everhour — Invoices
Your Company LLChello@yourcompany.com
INVOICE
Invoice #1042
Group by:
DescriptionHoursRateAmount
Website Redesign14h$150/h$2,100.00
Brand Guidelines7h$150/h$1,050.00
Marketing Strategy3.5h$150/h$525.00
Total Due$3,675.00
Try Everhour for real yourself

How Delaware overtime pay is calculated

What this calculation answers

This calculation answers how much overtime pay is due when a covered nonexempt Delaware employee works more than 40 hours in one fixed workweek. Delaware does not have its own general overtime statute, so non-exempt Delaware employees use the FLSA rule: overtime after 40 hours in a workweek.

The Delaware Department of Labor, Office of Wage and Hour Enforcement handles state wage-and-hour compliance. For a calculator result, the practical inputs are total hours worked in the fixed workweek, the regular rate, and any compensation that belongs in the regular-rate calculation before overtime is applied.

Delaware rules that change inputs

Delaware has no general daily overtime threshold. A 10-hour day does not create overtime by itself under the general Delaware calculation unless the employee's weekly hours exceed 40 in the fixed workweek. Federal law also does not require extra pay merely because work occurs on a Saturday, Sunday, holiday, or regular day of rest, unless another law, policy, contract, or agreement applies.

Delaware's statewide minimum wage is $15.00 per hour as of January 1, 2025. That makes the minimum time-and-a-half overtime rate $22.50 per hour. If a covered nonexempt employee is paid above the minimum wage, calculate overtime from the employee's regular rate, not from the minimum overtime rate.

Apply the weekly overtime formula

Use one fixed FLSA workweek: 168 hours, made of seven consecutive 24-hour periods. Each workweek stands alone, so hours from two workweeks cannot be averaged to avoid overtime. For a straight hourly example, regular pay equals 40 hours times the regular rate, and overtime pay equals hours over 40 times 1.5 times the regular rate.

Example: a covered nonexempt Delaware employee works 49 hours in one fixed workweek at a $25.60 regular hourly rate. Regular pay is 40 × $25.60 = $1,024.00. The overtime rate is $25.60 × 1.5 = $38.40. The 9 overtime hours equal $345.60, so total gross pay for the week is $1,369.60.

When a calculator is enough

A one-off calculator is enough when you have clean weekly hours, a known regular rate, and no dispute about covered nonexempt status. It is also enough for a quick Delaware minimum wage check: $15.00 regular pay produces a $22.50 minimum overtime rate for covered nonexempt overtime hours.

A managed workflow matters when time records need approval, correction history, payroll handoff, or weekly review. Everhour timecards record daily, weekly, and monthly work-hour totals, compare project hours with working hours, and support exports so payroll reviewers can work from approved records instead of reconstructed totals.

This content is for general information only, may not be fully up to date, and is provided without any warranty or liability.

High Performer

G2

Summer 2026

Best Ease Of Use

Capterra

Summer 2026

Loved by teams. Proven everywhere.

Rated in the top time trackers across G2, Capterra, and TrustRadius — with consistent praise for ease of use, integrations, and support.

10K+Teams worldwide
90K+Installs Everhour extension
196M+Tasks completed
4M+Projects tracked

Frequently Asked Questions

Does Delaware use daily overtime for long shifts?

No. Delaware has no general daily overtime threshold. For the general overtime calculation, covered nonexempt Delaware employees use the FLSA weekly rule: overtime is due for hours worked over 40 in a fixed workweek. A long single shift matters only when it contributes to weekly overtime or when a separate policy, contract, or law applies.

What is the minimum overtime rate in Delaware?

Delaware's statewide minimum wage is $15.00 per hour as of January 1, 2025, so the minimum time-and-a-half overtime rate is $22.50 per hour. That figure is a floor. If the employee's regular rate is higher than $15.00, calculate overtime from the higher regular rate.

Can Delaware workweeks be averaged across payroll periods?

No. Under the FLSA, each fixed workweek stands alone for overtime calculations. Hours may not be averaged over two or more workweeks to avoid overtime. If a covered nonexempt employee works 35 hours one week and 45 hours the next, the second week has 5 overtime hours.

Which rate should be used for Delaware overtime?

Use the employee's regular rate for that workweek. The regular rate is total compensation for the workweek, excluding statutory exclusions, divided by total hours actually worked in that workweek. For a straight hourly employee with no extra includable compensation, the regular hourly rate is usually the calculation base.

Do Delaware exemption checks use salary alone?

No. Executive, administrative, and professional exemptions generally require at least $684 per week on a salary or fee basis plus the applicable duties test. Computer employees may qualify at $684 per week or $27.63 per hour if they meet the computer duties test. Job titles alone do not determine exempt status.

How do Everhour timecards support Delaware overtime review?

Everhour timecards show daily, weekly, and monthly work-hour totals so payroll reviewers can verify whether a covered nonexempt employee crossed 40 hours in a fixed workweek. Team Hours reporting also compares working hours with project hours and supports exports for payroll review.

Review overtime from approved time

Use approved timecards before payroll instead of rebuilding weekly totals by hand. Everhour records work-hour totals, review status, and exports in one workflow for cleaner overtime review.

14-day free trial  ·  No credit card  ·  Cancel anytime

Or