Delaware break laws require 30 minutes after the first 2 hours and before the last 2 hours for anyone working 7.5 consecutive hours or more, and no Delaware law requires paid rest breaks; under the federal FLSA any short break of 5 to 20 minutes an employer does give must be paid.
This guide gives the exact delaware break laws rule with the date we verified it, the statute, and what to do next. Rules verified against Delaware Department of Labor, Division of Industrial Affairs on 2026-10-08; confirm the current rule with Delaware Department of Labor, Division of Industrial Affairs or an attorney before you rely on it.
Delaware Break Laws at a Glance
| Meal break | 30 minutes after the first 2 hours and before the last 2 hours for anyone working 7.5 consecutive hours or more |
| Meal statute | 19 Del. C. 707 |
| Paid rest break | No Delaware law requires paid rest breaks; under the federal FLSA any short break of 5 to 20 minutes an employer does give must be paid |
| Rest break required | No |
In This Delaware Break Laws Guide:
Delaware Break Laws: Meal Breaks
30 minutes after the first 2 hours and before the last 2 hours for anyone working 7.5 consecutive hours or more. The rule comes from 19 Del. C. 707. A meal break can be unpaid only when you are completely relieved of duty; a lunch at your desk answering phones is paid work time.
Delaware Break Laws: Rest Breaks
No Delaware law requires paid rest breaks; under the federal FLSA any short break of 5 to 20 minutes an employer does give must be paid. Under the federal rule a break of 5 to 20 minutes is counted as hours worked whether or not the state requires it, so an employer that gives a 10-minute break may not dock it.
Delaware Break Laws at a Glance
Rules verified against Delaware Department of Labor, Division of Industrial Affairs on 2026-10-08; confirm the current rule with Delaware Department of Labor, Division of Industrial Affairs or an attorney before you rely on it. The statute row is where to check it yourself.
| Meal break | 30 minutes after the first 2 hours and before the last 2 hours for anyone working 7.5 consecutive hours or more |
| Meal statute | 19 Del. C. 707 |
| Paid rest break | No Delaware law requires paid rest breaks; under the federal FLSA any short break of 5 to 20 minutes an employer does give must be paid |
| Rest break required | No |
Delaware Break Laws for Hourly Employees
Hourly workers get the meal and rest rules above; exempt salaried workers are usually outside them.
Delaware Break Laws for Minors
Delaware’s child labor law generally requires that workers under 18 get an unpaid non-working meal period once they have worked a set number of consecutive hours, and that break does not count as hours worked. The Delaware Department of Labor enforces these minor-specific rules, and they apply on top of the general adult meal-break statute, so confirm the details with the agency.
Delaware Break Laws for Nursing Mothers
Delaware’s employment discrimination law treats lactation as a pregnancy-related condition and generally requires employers to provide reasonable accommodations, including break time and a suitable private space to express breast milk, unless the accommodation would cause undue hardship.
Under the federal PUMP Act, most employees can also take reasonable break time to pump for up to one year after a child’s birth, in a private space other than a bathroom, and any break where the worker is not fully relieved of duty must be paid.
What to Do If Delaware Break Laws Are Ignored
A Delaware worker who is denied a required meal break may file a complaint with the Delaware Department of Labor, Division of Industrial Affairs, Office of Labor Law Enforcement, which can investigate and issue civil penalties against the employer.
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Delaware does not require paid meal breaks, but if an employer makes a worker keep working through a break, that time generally counts as hours worked and must be paid under state wage law and the federal FLSA. Denied lactation accommodations can be raised through the department’s Office of Anti-Discrimination or, for federal PUMP Act claims, the U.S. Department of Labor Wage and Hour Division.
Other Delaware Break Laws Rules to Know
Delaware requires an unpaid meal break for adult workers once they have worked a set number of consecutive hours, timed to fall after the start of the shift and before its end. It does not require separate rest breaks for adults.
The meal-break rule generally does not apply when a collective bargaining agreement or other written employer-employee agreement says otherwise, to certain certified school professionals, or where compliance would harm public safety or only one or a few employees are on duty.
Breaks denied? The wage-claim agency can order the pay you are owed.
Contact Delaware Department of Labor, Division of Industrial Affairs
Delaware — the bottom line
- Delaware break laws require 30 minutes after the first 2 hours and before the last 2 hours for anyone working 7.5 consecutive hours or more.
- Under delaware break laws any break of 20 minutes or less that you are given is paid time, and a skipped meal period is paid work.
- Delaware break laws are enforced through a free wage claim; keep a log of the breaks you did not get.
Frequently Asked Questions
Are employers required to give lunch breaks under Delaware break laws?
30 minutes after the first 2 hours and before the last 2 hours for anyone working 7.5 consecutive hours or more.
Does Delaware require paid rest breaks?
No Delaware law requires paid rest breaks; under the federal FLSA any short break of 5 to 20 minutes an employer does give must be paid.
Can I be made to work through lunch in Delaware?
If you work through a meal period you must be paid for it; where the state requires the break, the employer also violates the break law.
What are the Delaware break laws for minors?
Delaware’s child labor law generally requires that workers under 18 get an unpaid non-working meal period once they have worked a set number of consecutive hours, and that break does not count as hours worked.
What can I do if my Delaware employer denies breaks?
A Delaware worker who is denied a required meal break may file a complaint with the Delaware Department of Labor, Division of Industrial Affairs, Office of Labor Law Enforcement, which can investigate and issue civil penalties against the…
Official Delaware Sources & Resources
- Delaware Department of Labor, Division of Industrial Affairs: https://labor.delaware.gov/divisions/industrial-affairs/
- Delaware statute (19 Del. C. 707): https://delcode.delaware.gov/title19/c007/index.html
- Verified source: https://www.dol.gov/agencies/whd/state/meal-breaks
- Verified source: https://www.dol.gov/agencies/whd/state/rest-periods
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
This delaware break laws guide was last verified against official Delaware sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More Delaware Workplace Rights Guides
- Delaware Overtime Laws: Threshold, Rate and Exemptions
- Delaware Labor Laws: Every Rule in One Place
- Delaware Sick Leave Law: Accrual and Caps
- Delaware Final Paycheck Law: Deadlines and Penalties
- Unemployment and Workplace Rights Guides for All 50 States
Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.