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Delaware Domestic Partner Benefits: What you need to know

Effective July 1, 2013, an amendment to the Delaware Domestic Relations Act gave same-sex couples the right to marry (DE Code Tit. 13 Sec. 101 et seq.). Under the law, the same rights, benefits, protections, and legal responsibilities apply to married same-sex couples and opposite-sex couples. All state laws applicable to marriage, spouses, or children of married spouses apply equally to same-sex and opposite-sex married couples and their children.
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Conversion of existing civil unions. A civil union that had not been converted to a marriage by the couple before July 1, 2014, was automatically converted to a marriage by operation of law. Civil union licenses are no longer available.
The U.S. Supreme Court subsequently issued a decision legalizing same-sex marriage in all states and requiring all states to recognize same-sex marriages legally performed in other jurisdictions (Obergefell v. Hodges, 135 S.Ct. 2584 (2015)).
The Delaware Discrimination in Employment Act prohibits employers from discriminating against applicants or employees on the basis of sexual orientation or marital status (DE Code Tit. 19 Sec. 710 et seq.). The law covers employers with four or more employees, including employment agencies and labor unions.
Health insurance. Self-funded health insurance plans governed by the Employee Retirement Income Security Act (ERISA) are subject to the restrictions of federal law. The U.S. Supreme Court struck down as unconstitutional Section 3 of the federal Defense of Marriage Act (DOMA), which defined marriage as only between a man and a woman (United States v. Windsor, 133 S.Ct. 2675 (2013)). The ruling requires equal treatment under federal law of spouses in ...

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Delaware Domestic Partner Benefits Resources

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Domestic Partner Benefits Products

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We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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