TITLE 19

Labor

General Provisions

CHAPTER 16. Police Officers’ and Firefighters’ Employment Relations Act

Subchapter II. Volunteer Firefighter and Rescue Squad Worker Protection Act [Effective upon enactment of comparable federal law]

§ 1621. Definitions [Effective upon enactment of comparable federal law].

As used in this subchapter the term “employee” shall not include a firefighter or a member of a rescue squad during the period in which the firefighter or rescue squad member volunteers the firefighter’s or member’s services at a location where the firefighter or member is either employed or is not then or regularly employed.

70 Del. Laws, c. 498, §  1

§ 1622. Waiver of overtime compensation [Effective upon enactment of comparable federal law].

The employer of a firefighter or member of a rescue squad shall not be required to pay a firefighter or member overtime compensation:

(1) When the firefighter or member volunteered their services to the employer; and

(2) For which the firefighter or member signed a legally binding waiver of such compensation.

70 Del. Laws, c. 498, §  1

§ 1623. Coercion [Effective upon enactment of comparable federal law].

No employer may require directly or indirectly an employee who is a firefighter or member of a rescue squad to volunteer the employee’s firefighting or rescue squad services during any period in which such employee would be entitled to receive compensation for overtime employment.

70 Del. Laws, c. 498, §  1