AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PAY FOR DEPARTMENT OF TRANSPORTATION EMPLOYEES.

Plain English Breakdown

The official text confirms the rule change applies only to 'exempt' employees effective July 1, 2026. The existing rule for nonexempt employees (37.5 hours) was established by a previous bill in 2024 and is referenced but not amended by this specific act.

Overtime Pay Rules for Delaware Department of Transportation Workers

This law requires exempt transportation workers to receive overtime pay after working 37.5 hours in a week, starting July 1, 2026.

What This Bill Does

• Requires paying exempt Department of Transportation employees an overtime rate (time and one-half) after they work 37.5 compensable hours in a week instead of waiting until 40 hours.
• Sets the start date for this new rule for exempt workers as July 1, 2026.

Who It Names or Affects

• Exempt employees of the Delaware Department of Transportation

Terms To Know

Overtime rate (time and one-half)

A higher pay amount equal to one-and-a-half times an employee's normal hourly wage.

Exempt employees

Department of Transportation workers who, under this new law starting in 2026, must be paid overtime after working 37.5 hours instead of the usual 40-hour threshold.

Limits and Unknowns

• The text does not define which specific job titles count as exempt or nonexempt employees.
• The bill does not state how much money this change will cost the state.
• No information is provided about whether other state agencies must follow these same rules.

Official Summary Text

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PAY FOR DEPARTMENT OF TRANSPORTATION EMPLOYEES.
In 2024, House Bill No. 347 was enacted and provided that nonexempt Department of Transportation employees must be paid at an overtime rate after working 37.5 hours in a week. This Act provides that beginning July 1, 2026, exempt employees must also be paid at a higher rate after working 37.5 hours in a week rather than having to work 40 hours before becoming eligible.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Carson & Rep. Bush & Sen. Hoffner

Reps. Gorman, Heffernan, K. Johnson, Osienski, Romer

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 383

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PAY FOR DEPARTMENT OF TRANSPORTATION EMPLOYEES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 5916, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 5916. Uniform pay plan; hazardous duty pay.

(g) Notwithstanding any law or rule to the contrary, beginning July 1, 2024, nonexempt Department of Transportation employees shall be paid overtime at the rate of time and ½ after the employee has accrued 37.5 compensable hours that week.

Beginning July 1, 2026, exempt Department of Transportation employees shall be paid overtime at the rate of time and ½ after the employee has accrued 37.5 compensable hours that week.

SYNOPSIS

In 2024, House Bill No. 347 was enacted and provided that nonexempt Department of Transportation employees must be paid at an overtime rate after working 37.5 hours in a week. This Act provides that beginning July 1, 2026, exempt employees must also be paid at a higher rate after working 37.5 hours in a week rather than having to work 40 hours before becoming eligible.