Employment · Delaware

Can I sue for unpaid overtime in Delaware?

the short answer

Past 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.

source ↗Not yet checked against the statute.

everywhere in the u.s.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.

penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.

limit2 yearssource ↗Not yet checked against the statute.

alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

in this state

Where do you report unpaid overtime in Delaware?

free route

The Division of Industrial Affairs takes a workplace complaint and says it is handled confidentially, with a response promised within 48 hours. Delaware sets no overtime rule of its own, so the overtime behind the complaint is the federal rule above.

source ↗Not yet checked against the statute.

Which court hears a case like this in Delaware?

which court

Justice of the Peace Court

source ↗Not yet checked against the statute.

How much can you sue for in Delaware small claims court?

small claims limit

$25,000

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

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