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Kanishiwa
04-19-2006, 05:43 AM
Hi! I am new to the "9 to 5". My past employment has always been as a contract worker where I set my own hours and was paid when the job was completed. so, I am really confused that my 9 to 5 is really a 9 to 5:30 and that as a full time salary worker I have to subtract out the half hour for lunch?? can anyone shed some light on the laws of my state. I work in Delaware for a Pittsburg, PA based company. Also, do I get any rest breaks?? somedays are 10 hour days!
Thanks to all who help with this!

Pattymd
04-19-2006, 05:53 AM
The issue is not whether you are "salaried", which is merely a pay method, but whether you are exempt or nonexempt. Assuming by "salaried" you do mean exempt, the hours are whatever the employer says the hours are and the employer can require you to be at work for 8 or 9 or however many hours they determine and what hours are needed to get the job done. Being an exempt employee does not mean you get to set your own hours if the employer doesn't agree.

Generally speaking, the law in Delaware requires you receive a 30-minute meal break as defined here (rest breaks are not required by law):
http://www.delawareworks.com/industrialaffairs/services/LaborLawEnforcementInfo.shtml#b1

However, it has never been clear whether this requirement applies to exempt employees as well as nonexempt, since exempt employees are 1) not paid by the hour and 2) are expected to work all hours necessary to complete their jobs. You can contact the state DOL (numbers here):
http://www.delawareworks.com/industrialaffairs/contact.shtml

cbg
04-19-2006, 07:04 AM
To add to Patty's response, regardless of whether you are exempt or non-exempt you can be required to work whatever hours the employer wants you to work; the only question is whether or not you have to be paid overtime if you work over 40 hours in a week. There is nothing illegal about a 10 hour day, or a 12 hour day, or even an 18 hour day.

Your employer can require you to take an unpaid lunch period regardless of whether state law requires it or not.

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