State Lunch and Break Law Requirements in Delaware

You might be interested to know that Delaware is one of a number of states that has specific state regulations regarding lunches and breaks for employees in the state. A Delaware employer must allow employees to take at least 30 minutes of consecutive, unpaid break time if they have worked seven and a half hours or more in a given day. The law also states that this break should be at least two hours after the employee begins work for the day, and at least two hours before the employee’s shift ends. This meal break must allow the worker to be completely relieved of his or her duties.

I found it interesting that there are several exceptions to this general rule. The law does not apply to teachers or other professional employees that work with children in a school setting. It also doesn’t apply in workplaces where a collective bargaining agreement or other “written employer-employee agreement” providing for other arrangements. Exemptions or other arrangements (such as allowing for paid, on-duty meal breaks) may be granted in situations where public safety would be affected, where only one employee can do the job, or where five or fewer employees are on a shift at one time at a place of business.

Delaware law does not specifically provide for any other breaks during the workday other than this 30 minute unpaid meal period. However, if employers do wish to give short breaks to workers during the day, Federal law states that these must be paid breaks if they are 20 minutes or less in length.

Delaware also has special lunch and break law provisions for minors under the age of 18. Under the state’s Child Labor laws, 14 to 17 year olds must be given a 30 minute unpaid meal break for each five continuous hours they have worked.

A complete presentation of federal and state laws related to lunches and breaks, as well as all other labor issues, can be found on the Delaware All in One Labor Law Poster.