Short answer. An unpaid meal break of at least 30 consecutive minutes for 7.5 or more consecutive hours of work, some time after the first 2 hours and before the last 2. No separate short rest breaks are required.
Delaware breaks at a glance
- Meal break
- An unpaid meal break of at least 30 consecutive minutes for 7.5 or more consecutive hours of work, some time after the first 2 hours and before the last 2.
- Rest breaks
- No state rest-break requirement: Delaware isn't in the US DOL table of state paid rest-period rules (revised January 1, 2023), which says states not listed don't require paid rest periods.
- Paid?
- Meal: unpaid.
- Minors (under 18)
- Workers under 18 get a 30-minute break after 5 consecutive hours of work, separate from the adult meal-break rule. The employer schedules it.
- Law
- 19 Del. C. 707
- Agency
- Delaware Department of Labor, Office of Labor Law Enforcement
In Delaware's words
Meal break
Hiring in another state? Employer registration in Delaware, done for you, or a free bookkeeping health check.
"an unpaid meal break of at least 30 consecutive minutes"
Rest breaks
"States not listed do not require paid rest periods."
Minors
"Delaware requires employers to give minors a 30-minute break after five consecutive hours of work."
Breaks by shift length in Delaware
For an adult working the hours in one stretch, Delaware's rule as we read it calls for:
| Shift | Meal break | Rest breaks |
|---|---|---|
| 4 hours | None yet | No state rule |
| 7 hours | None yet | No state rule |
| 7½ hours | 30 minutes | No state rule |
| 8 hours | 30 minutes | No state rule |
Other shift lengths: open the checker set to Delaware.
Who the Delaware rule covers
Exceptions: public safety would be adversely affected; only one employee can do the duties of a position; fewer than 5 employees on a shift at one place of business; continuous operations where employees must respond to urgent conditions and are paid for meal periods; and certain certified school professionals working with children.
Waivers and exceptions in Delaware
A collective bargaining agreement or other written employer-employee agreement can provide otherwise.
If a Delaware employer misses a break
A civil penalty of $1,000 to $5,000 for each violation. Firing or discriminating against an employee who complains to the Department of Labor is prohibited.
Worth knowing in Delaware
The adult rule rests on the statute itself; the minors' rule comes from the Division of Industrial Affairs, which says it applies to all workers under 18 and is separate from the adult meal-break rule.
Official Delaware sources
- Delaware Code Title 19, Chapter 7, Subchapter I (section 707: meal breaks) (checked November 2026)
- Delaware Division of Industrial Affairs: What meal or rest breaks must employers provide to minors? (checked November 2026)
- U.S. Department of Labor: Minimum Paid Rest Period Requirements under State Law for Adult Employees in Private Sector (revised January 1, 2023) (checked November 2026)
Delaware rules as published on the pages above, checked November 2026. General information, not legal advice; we are not lawyers. A union contract, an industry order or a city ordinance can add to them.
Delaware break questions
When is a meal break required in Delaware?
An unpaid meal break of at least 30 consecutive minutes for 7.5 or more consecutive hours of work, some time after the first 2 hours and before the last 2. Delaware Department of Labor, Office of Labor Law Enforcement puts it as "an unpaid meal break of at least 30 consecutive minutes."
Does Delaware require short rest breaks?
No state rest-break requirement: Delaware isn't in the US DOL table of state paid rest-period rules (revised January 1, 2023), which says states not listed don't require paid rest periods.
Is a meal break paid in Delaware?
On the official page we checked, the meal break is unpaid.
Can a Delaware employee skip or waive a break?
A collective bargaining agreement or other written employer-employee agreement can provide otherwise.
Who is covered by the Delaware break rule?
Exceptions: public safety would be adversely affected; only one employee can do the duties of a position; fewer than 5 employees on a shift at one place of business; continuous operations where employees must respond to urgent conditions and are paid for meal periods; and certain certified school professionals working with children.
What breaks do minors get in Delaware?
Workers under 18 get a 30-minute break after 5 consecutive hours of work, separate from the adult meal-break rule. The employer schedules it. (Ages: under 18.)
All states: meal and rest break laws by state · Connecticut · Illinois