Verified against official state labor departments Updated for 2026

Delaware Break Laws (2026)

Whether you are entitled to a meal break or a paid rest break in Delaware, and whether that time has to be paid.

Updated for 2026 Verified Jul 6, 2026

In Delaware, workers are entitled to a meal break, but the state does not require a separate paid rest break. A 30-minute meal break for shifts of 7.5 consecutive hours or more, taken between the first and last two hours. Short breaks an employer chooses to give (5-20 minutes) must be paid under federal law.

Break rules in Delaware

Meal break
A 30-minute meal break for shifts of 7.5 consecutive hours or more, taken between the first and last two hours.
Paid rest break
No state requirement

Paid or unpaid?

Federal law sets the baseline for whether break time is paid. Short breaks of 5 to 20 minutes count as work time and must be paid. A meal period of 30 minutes or more can be unpaid, but only if you are fully relieved of duty, if you have to keep working, or answer the phone, or stay at your station, the time must be paid. This is general information, not legal advice.

Common questions

Delaware break law FAQ

Does Delaware require meal breaks?
Yes. A 30-minute meal break for shifts of 7.5 consecutive hours or more, taken between the first and last two hours.
Does Delaware require paid rest breaks?
No. Delaware does not require a separate paid rest break for adult employees.
Do breaks have to be paid?
Under federal law, short breaks of 5 to 20 minutes are counted as work time and must be paid. A bona fide meal period of 30 minutes or more, where you are fully relieved of duty, does not have to be paid.
Are there different rules for minors?
Yes. Most states set stricter meal and rest break rules for workers under 18. This page covers adult employees in the private sector; check your state labor office for the rules that apply to minors.
Where can I find the official Delaware rule?
The U.S. Department of Labor, Wage and Hour Division publishes the state break tables. The official source is linked on this page.

David Scott compiles and verifies minimum wage rates, tipped wages, and overtime rules from official state and federal labor department sources, and re-checks every page when rates change. See how the data is sourced.