Delaware Work Smoke Break & Rest Period Laws Delaware Required Workday Break & Meal Periods 2024

Workday Meal Periods:


By Statute

Workday Rest Periods:

No Regulation

Delaware has regulations describing workday meal / lunch breaks to be provided to employees, but does not mandate that employees be provided additional, shorter break periods. This page provides details about Delaware's meal period requirements.

Mandatory Workday Lunch / Meal Breaks in Delaware

Delaware requires that employees be provided a ½ hour lunch break after the first 2 hours of work and before the last 2 hours of work, for employees who work 7½ consecutive hours or more in a shift.

Which employees are covered by Delaware's meal period regulations?

Delaware's meal break law excludes teachers and workplaces covered by a collective bargaining agreement or other written employer/employee agreement providing otherwise.

Exemptions to the law may also be granted where compliance would adversely affect public safety; such as when only one employee may perform the duties of a position, an employer has fewer than five employees on a shift at a single place of business; or where the continuous nature of an employer's operations requires employees to respond to urgent or unusual conditions at all times and the employees are compensated for their meal break periods.

Additional Meal Period Information

An administrative penalty of up to $1,000 for each violation may be assessed against an employer who discharges or discriminates against an employee for complaining or providing information to the Department of Labor pursuant to a violation of this requirement.

Note: Delaware Has Special Regulations for Minor Employees

In addition to a general regulation requiring meal periods for employees, Delaware has special regulations that require meal periods for minors under age 18. These regulations, which require more frequent and / or longer meal / break periods, take precedence over the general regulations for minor employees. Learn more about Delaware's child labor regulations here.

Mandatory Workday Rest Periods in Delaware

While some states have labor regulations requiring that employees be allowed one or more workday rest periods, the Delaware government has no such regulations. Therefore, in Delaware, any breaks or rest periods are provided to employees at the discretion of the employer.

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