CHAPTER 215

FORMERLY

SENATE BILL NO. 318

AN ACT TO AMEND CHAPTER 59, TITLE 29 OF THE DELAWARE CODE RELATING TO THEAPPLICATION OF THE FEDERAL FAIR LABOR STANDARDS ACT TO CERTAIN PROVISIONS OF STATE LAW REGARDING STATE PERSONNEL PRACTICES AND TO THE STATE MERIT SYSTEM RULES.

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

Section I. Amend Chapter 59, Title 29 of the Delaware Code by adding a new Section 5955 to read as follows:

"§5955. Federal Fair Labor Standards Act; Application to State Personnel Practices and Merit System Rules.

Notwithstanding any other provision of State law, the Federal Fair Labor Standards Act, Chapter 2, Title 29 of the United States Codc, shall supersede State law relating to State personnel practices and shall supersede the rules adopted by the State Personnel Commission pursuant to this Chapter, but only to the extent such provisions of State law or merit rules arc In conflict with the Provisions of the Fair Labor Standards Act: provided, however, that 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, 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 Director of the Office of State Personnel 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."

Approved September 6. 1985.