Delaware Meal and Rest Break Laws

While there are no federal laws requiring meal and rest breaks for employees, Delaware has state-specific legislation in place. Ensure compliance by reviewing the requirements.

Do Delaware Break Laws Differ from Federal Break Laws?

Yes, Delaware break laws are different from federal break laws. Employers must provide meal breaks in certain circumstances.

Delaware Meal Break Laws

Under Delaware state law, employers must provide a 30-minute meal break to an employee working at least 7.5 consecutive hours. The meal break must be given after the first 2 hours and prior to the last 2 hours of a shift.

As long as the employee is relieved of all work duties and the time is uninterrupted, the break may be unpaid. Some exceptions are in place:

• Compliance with the break requirement would adversely affect public safety.
• Only the employee can perform the duties of the position.
• An employer has 5 or fewer employees at one location during the shift.
• Urgent conditions require employees to be available to handle operations.
• A collective bargaining agreement is in place.
• An employee works for a local school board, directly with children.

Under these exceptions, employees must be permitted to eat at their workstations and use the restroom when needed.

Delaware Break Laws for Minors

Any employee under the age of 18 cannot be allowed to work for more than 5 hours continually without at least a 30-minute break.

Delaware Break Laws for Mothers

Nursing mothers must be given reasonable time during work to express breast milk in a private place that is not a restroom. It must be free from intrusion and view.

Delaware Day of Rest Laws

There is no specific day of rest law that applies to all employees in the state of Delaware. However, union contracts and/or company policies may require a day off within a specific period of time. Employers are required to make reasonable accommodations for employees’ religious practices.

Delaware Break Room Requirements

There are no requirements in place for providing a break room.

Delaware Penalties for Breaking Rest and Break Laws

An employer that violates break laws in Delaware could face civil penalties and legal action taken by employees impacted by that violation.

Common Delaware Break Law FAQs

How early can I take my lunch break in Delaware?

If your shift lasts 7.5 or more consecutive hours, you must receive a lunch break after the first 2 hours and prior to the last 2 hours.

How many breaks in a 6-hour shift in Delaware?

There is no requirement to provide a break during a 6-hour shift.

How many breaks in an 8-hour shift in Delaware?

During an 8-hour shift, an employee would receive a 30-minute meal break after the first 2 hours and prior to the last 2 hours.

How many breaks in a 12-hour shift in Delaware?

During a 12-hour shift, an employee would receive a 30-minute meal break after the first 2 hours and prior to the last 2 hours.

Is it legal to work 7 days straight in Delaware?

Yes, it is legal to work 7 days straight in Delaware.

Can I waive my lunch break in Delaware?

You are allowed to waive your right to the meal break requirement in writing, as long as it is mutually agreed upon by you and your employer.

Delaware Department of Labor

The content on this site is provided for general informational purposes only and does not constitute legal advice. Laws vary by location and change frequently; we make no representations as to the accuracy, completeness, or currency of any information on this site. Always seek the advice of a licensed legal professional regarding your specific situation.