Delaware Code Title 29 Sec. 5955 – Federal Fair Labor Standards Act; application to state personnel …
Notwithstanding any other provision of state law, the federal Fair Labor Standards Act, Chapter 8 of Title 29 of the United States Code, shall supersede state law relating to state personnel practices and shall supersede the rules adopted by the Merit Employee Relations Board pursuant to this chapter, but only to the extent such state law or merit rules are in conflict with the Fair Labor Standards Act [29 U.S.C. § 201 et seq.]. This supersession of state law and the merit system rules shall continue in effect only so long as, and only to the extent that, the provisions of the federal Fair Labor Standards Act [29 U.S.C. § 201 et seq.], by their own terms or by judicial interpretation, are deemed to apply to state government personnel practices. To the extent necessary for state compliance with the Fair Labor Standards Act, the Secretary shall have the authority to implement this section, including, but not limited to, the authority to determine where conflicts exist between state law or merit rules and the federal act, and to resolve such conflicts by appropriate rulings and regulations.
65 Del. Laws, c. 215, § ?1; 69 Del. Laws, c. 436, § ?9; 75 Del. Laws, c. 88, § ?20(6); 81 Del. Laws, c. 66, § ?54;
Terms Used In Delaware Code Title 29 Sec. 5955
- Board: means the Merit Employee Relations Board created by this chapter. See Delaware Code Title 29 Sec. 5901
- Rules: means those rules adopted by the Board pursuant to this chapter. See Delaware Code Title 29 Sec. 5901
- Secretary: means the Secretary of the Department of Human Resources. See Delaware Code Title 29 Sec. 5901
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302