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.
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