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.
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.
- Paid?
- Meal: unpaid.
- Law
- 19 Del. C. 707
- Agency
- Delaware Department of Labor, Office of Labor Law Enforcement
In Delaware's words
Meal break
"an unpaid meal break of at least 30 consecutive minutes"
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 | Not confirmed |
| 7 hours | None yet | Not confirmed |
| 7½ hours | 30 minutes | Not confirmed |
| 8 hours | 30 minutes | Not confirmed |
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
Delaware's Department of Labor meal-break page couldn't be read when we checked, so this row rests on the statute itself.
Not stated on the Delaware pages we read: a rest break rule, a separate rule for minors.
Official Delaware sources
- Delaware Code Title 19, Chapter 7, Subchapter I (section 707: meal breaks) (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."
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 happens if a Delaware employer skips a required 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.
All states: meal and rest break laws by state · Colorado · Illinois