--- title: "Delaware Meal and Rest Break Laws | MCC Solutions" description: "Delaware break rules: 30 min, at 7½ hrs for meals, no state rule for rest breaks, with Delaware's own wording and a shift-length table." url: "https://mcc-solutionsnj.com/bookkeeping/meal-break-laws-delaware" --- Breaks · Delaware # Delaware meal and rest break laws When Delaware requires a meal break, whether short rest breaks are required, the rule for young workers, and what Delaware's official pages say about waivers, who is covered and missed breaks. [![Intuit ProAdvisor Gold tier badge](/img/credentials/intuit-proadvisor-gold.png)](https://proadvisor.intuit.com/app/accountant/search?searchId=matthew-coleman77)Gold tier in Intuit's ProAdvisor program. [See my Intuit listing](https://proadvisor.intuit.com/app/accountant/search?searchId=matthew-coleman77) Keeping your own books? Tallyfinch does invoices, bank import and reports on your computer. [See Tallyfinch](/bookkeeping/mcc-books-downloadable-bookkeeping-software) **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](/bookkeeping/out-of-state-employer-registration), or [a free bookkeeping health check](/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](/bookkeeping/meal-and-rest-break-checker?state=de). ## 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)](https://delcode.delaware.gov/title19/c007/sc01/index.shtml) (checked November 2026) - [Delaware Division of Industrial Affairs: What meal or rest breaks must employers provide to minors?](https://industrialaffairs.delaware.gov/en/knowledgebase-employer/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)](https://www.dol.gov/whd/state/rest.htm) (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](/bookkeeping/meal-and-rest-break-laws-by-state) · [Connecticut](/bookkeeping/meal-break-laws-connecticut) · [Illinois](/bookkeeping/meal-break-laws-illinois) Tallyfinch ### Books you keep on your own computer Tallyfinch does invoices, bills, bank import, reconciliation and the main reports, in a file you own. $99 once, then $5 a month for updates; the app keeps working if you stop the plan. It does not do payroll or sales tax filing. The free download records up to 60 entries. [See Tallyfinch](/bookkeeping/mcc-books-downloadable-bookkeeping-software) [Download it free](/tools/pro/trial/mccBooks) [Compare the three apps](/software) ## Want payroll handled for you? [See bookkeeping services](/bookkeeping/)[Call (908) 444-6373](tel:+19084446373)