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

Plain English Breakdown

The official source material does not provide details about nonexempt employees being affected by this act beyond confirming the existing rule from a previous bill.

Act for Department of Transportation Employee Pay

This act changes the overtime pay rules for exempt employees at the Delaware Department of Transportation, making them similar to those for nonexempt employees starting July 1, 2026.

What This Bill Does

• Changes the overtime pay rule for exempt employees starting July 1, 2026.
• Exempt employees will get paid time and a half after working 37.5 hours in a week.

Who It Names or Affects

• Department of Transportation employees who are classified as exempt.

Terms To Know

Exempt

Employees who were previously not eligible for overtime until they worked more than 40 hours a week.

Nonexempt

Employees who are already eligible for overtime after working 37.5 hours a week.

Limits and Unknowns

• The bill does not specify what happens to employees before July 1, 2026.
• It is unclear if there will be any changes to the pay rules for other state departments.

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.