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Breaks and meal periods - Delaware

RegSenseState InfoDelawareWage and HourBreaks and Meal PeriodsAssociate Benefits & CompensationBest ResultsEnglishFocus AreaHuman Resources

Summary of differences between federal and state regulations

Breaks

Federal law does not require employers to provide rest periods or coffee/snack breaks. However, if employers choose to offer short breaks, breaks lasting 20 minutes or less must be considered work time and employees are paid for the time.

Delaware law does not address rest periods.

Meal periods

Federal law does not require employers to provide meal periods. However, if employers choose to provide one, a meal period of at least 30 minutes may be unpaid as long as employees are completely relieved from duty. If employees are not completely relieved of job duties during the meal period, employees must be paid for that time.

Delaware law states that all employees must receive a meal break of at least 30 consecutive minutes if the employee is scheduled to work 7 1/2 or more hours per day. Meal breaks must be given sometime after the first two (2) hours of work and before the last two (2) hours of work.

The break need not be a paid break.  However, employees must be completely relieved from their duties during the break and the break time is to be free and uninterrupted time

State

Contacts

Delaware Department of Labor

Division of Industrial Affairs

Regulations

Delaware Code : Title 19 Labor : Part I General Provisions : Chapter 7. Employment Practices : Subchapter I. General Provisions : § 707. Meal breaks. 

707. Meal breaks.

(a) 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 two hours of work and before the last two hours. However, this rule does not apply to any professional employee certified by the State Board of Education and employed by a local school board to work directly with children. Also, it does not apply where there is a collective bargaining agreement or other written employer-employee agreement providing otherwise. Further, the Secretary of Labor shall issue rules for granting exemptions in cases where:

(1) Compliance would adversely affect public safety;

(2) Only one employee may perform the duties of a position;

(3) An employer has fewer than five employees on a shift at a single place of business (in which case the exemption applies only to that shift); or

(4) The continuous nature of an employer's operations, such as chemical production or research experiments, requires employees to respond to urgent or unusual conditions at all times and the employees are compensated for their meal break periods.

https://dia.delawareworks.com/labor-law/

Federal

Contact

The US Department of Labor is the federal agency that monitors hours worked.

Regulations

U.S. labor regulations for hours worked can be found in CFR 29: Part 785 Rest Periods and Meal Periods.

['Wage and Hour']
['Breaks and Meal Periods']
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