Delaware Break Laws (2026)

An employer must allow an employee an unpaid meal break of at least 30 consecutive minutes 'if the employee works 7 1/2 or more consecutive hours.' The meal break must be given 'some time after the first 2 hours of work and before the last 2 hours.'

Who's covered

All employers, except: certified teachers employed by a local school board to work directly with children; workplaces with a collective bargaining agreement or other written employer-employee agreement providing otherwise; and exemptions granted by the Secretary of Labor by rule.

Paid or unpaid

Unpaid ('unpaid meal break'); federal rule still requires pay if the employee is not fully relieved of duty.

Waivers

Does not apply where a collective bargaining agreement or other written employer-employee agreement provides otherwise.

Exemptions

Secretary of Labor rules grant exemptions where: (1) compliance would adversely affect public safety; (2) only 1 employee may perform the duties of a position; (3) employer has fewer than 5 employees on a shift at a single place of business (exemption applies only to that shift); or (4) continuous operations (e.g., chemical production, research) require employees to respond to urgent or unusual conditions at all times and employees are compensated for their meal breaks. Certified teachers working directly with children are excluded.

Source: 19 Del. C. §707

No state rest-break requirement for adult private-sector employees. Federal rule: short breaks (about 5-20 minutes), if given, must be paid (29 CFR 785.18).

A minor under 18 years of age 'shall not be employed or permitted to work more than 5 hours continuously without a nonworking period of at least one half hour.' (Minors also must have at least 8 consecutive hours of nonwork, nonschool time each 24-hour day.)

Source: 19 Del. C. §507(e)

Under the Delaware Discrimination in Employment Act, employers with 4 or more employees (including the State and political subdivisions) must make reasonable accommodations for known limitations related to pregnancy, childbirth or related conditions (defined to include lactation) unless the accommodation would impose an undue hardship; listed accommodations include 'break time and appropriate facilities for expressing breast milk.' Employers must give notice of these rights. No specific minutes, time limit after birth, or paid-time rule is stated.

Pay: Not specified (no paid-break requirement in the statute).

Federal floor (PUMP Act): reasonable break time and a private space that isn't a bathroom for one year after birth, for nearly all employees; unpaid unless the employee isn't fully relieved of duty. Employers with fewer than 50 employees may be exempt only if compliance would cause undue hardship.

Source: 19 Del. C. §§710(19), (23) and 711 (pregnancy accommodation, incl. lactation)

Violations of the meal-break law (including retaliation against an employee who complains) carry a civil penalty of not less than $1,000 nor more than $5,000 for each violation (19 Del. C. §707(c)).

Under federal law, a “meal” break during which the employee keeps working is paid time — and can create unpaid overtime. Check the Delaware overtime rules.