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Meal and Rest Break Laws in Delaware

Delaware requires an unpaid meal break of at least 30 consecutive minutes for employees who work 7.5 or more consecutive hours, given after the first 2 hours and before the last 2 hours; there is no general rest break requirement.

Last checked . General information, not legal advice.

Delaware at a glance

Meal break required
Yes
Meal break rule
30 minutes (unpaid) for 7.5 or more consecutive hours
Given after the first 2 hours and before the last 2 hours. Does not apply where a collective bargaining or other written agreement provides otherwise.
Rest break required
No
Rest break rule
No state requirement for adults

Sources

Last checked

The rules in Delaware

Does Delaware law require meal breaks for adult employees?

Yes. Meal break required in Delaware: yes.

How long is the required meal break in Delaware, and when is it due?

Meal break rule in Delaware: 30 minutes (unpaid) for 7.5 or more consecutive hours. Given after the first 2 hours and before the last 2 hours. Does not apply where a collective bargaining or other written agreement provides otherwise.

Does Delaware law require rest breaks for adult employees?

No. Rest break required in Delaware: no.

How long are required rest breaks in Delaware, and when are they due?

Rest break rule in Delaware: No state requirement for adults.

Where do the Delaware meal and rest break laws come from?

The rules above come from 19 Del. C. 707. Each source is linked on this page. We last checked them in October 2026.

Good to know

Violations carry a civil penalty of $1,000 to $5,000 for each violation.

What this means in practice

Put the break schedule in writing, for example in an employee handbook, and apply it consistently. State rules often depend on shift length, so the policy should say when a break is due and how long it lasts.

Under federal rules, short rest breaks are generally counted as paid work time, while a bona fide meal period during which the employee is fully relieved of duty usually does not have to be paid. If an employee is asked to stay at the workstation or answer calls, the meal period may count as work time.

Check whether a state rule covers your industry and workforce. Break laws can treat minors, health care workers, nursing mothers or employees under a collective bargaining agreement differently, and city ordinances may add requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.