Delaware Child Labor Laws 2024
Contents :: Delaware Child Labor Law
Child labor laws on Delaware and <a href="/federal/child-labor-laws">Federal</a> levels exist to prevent the exploitation of minors for labor, and ensure that education is prioritized over work. Limitations on child labor vary by age, and may include restrictions on the types of work that can be done, maximum hours that may be worked, and limitations on late or overnight work.
Regulation of child labor may include the use of Employment Certificates issued by the minor's school or the state Labor Department, and/or an Age Certification document that verifies the minor's age for work purposes. This page details Delaware's child labor law regulations.
Mandatory Employment & Age Certification for Minors
Employment Certificates in Delaware
Employment Certificates, also known as Work Permits, are mandatory in Delaware for minors under 18. The certificate must be acquired by the minor and presented to their employer to verify their ability to work before they are hired.
Acquiring a Delaware Employment Certificate:
In Delaware, minors can obtain an Employment Certificate both through the Delaware Department of Labor and through their school, generally by contacting a guidance counselor or school administrator. An Employment Certificate will be issued if the minor meets all of the state's criteria for employment.
Age Certification in Delaware
While some states require working minors to provide their employers with an age certification document, this is not required for minors who wish to work in Delaware. Employers are expected to identify minors whom they employ and ensure that their employment is in compliance with all Federal and state child labor restrictions.
Minor Working Hour Restrictions in Delaware
Minors who are authorized to work in Delaware are subject to restrictions on when they can work, and how many hours they can work. The exact restrictions in effect depend on the age of the minor, and are designed to ensure that work does not interfere with the minor's schooling.
Maximum Hours of Work for Minors
Working hour restrictions limit how many hours a minor may work per day, and per week.
For Minors Under 16:
8 hours of work per day, 40 per week, up to 6 days per week are permitted when school is out. On school days, 4 hours per day / 18 per week are allowed. More hours are permitted when school is in session less than 5 days.
For Minors Ages 16 and 17:
Up to 12 combined hours per day of work and school are permitted.
Nightwork Restrictions for Minors
Nightwork restrictions set limits on how late a minor can legally work.
For Minors Under 16:
Work is prohibited during these hours: 7 p.m. (9 p.m. June 1 through Labor Day) to 7 a.m.
For Minors Ages 16 and 17:
Work is prohibited during these hours: 8 consecutive hours of non-work, non-school time required in each 24-hour day.
Special Child Labor Laws in Delaware
In addition to laws requiring work certificates or age verification for general employment of minors, most states have special regulations governing the employment of minors in agriculture (such as farm work and harvesting), and the entertainment industry (including child actors, models, and performers).
To learn about these special child labor laws in Delaware, see the following pages.
On a Federal level, child labor is regulated under the Fair Labor Standards Act (FLSA). Minors and students may additionally be subject to special labor law regulations regarding minimum wage, meal and break periods while working, and more.
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