Delaware Break Laws: Meal and Rest Break Rules

Delaware break law in short: Meal break: 30 min for 7½+ hr shifts. No required paid rest breaks.

Quick answer for Delaware
Meal / lunch break required?
Yes
30 min for 7½+ hr shifts
Paid rest breaks required?
No state law
Not required for adults

Meal and lunch breaks in Delaware

Employees working 7½ or more consecutive hours must get at least 30 minutes for a meal, given sometime after the first 2 hours and before the last 2 hours of the shift.

Rest breaks in Delaware

Delaware doesn't require paid rest breaks for adults. If your employer gives short breaks (usually 5 to 20 minutes), federal law says they must be paid.

Good to know

  • Exceptions include workplaces with fewer than 5 employees on a shift, some public safety and continuous-operation jobs, and union contracts or written agreements that set different breaks.

What federal law says (applies in every state)

  • Federal law doesn't require employers to give meal or rest breaks.
  • If your employer does give short breaks (usually 5 to 20 minutes), they must be paid.
  • Meal breaks of 30 minutes or more can be unpaid, but only if you're fully relieved of work. If you have to keep working while you eat, that time must be paid.
  • Most employers must give reasonable break time and a private space (not a bathroom) for nursing employees to pump breast milk for up to a year after a baby's birth.

Work out your hours

Use the Lunch Break Calculator to see your hours worked after an unpaid lunch, or the Timesheet Calculator to add up your week.

Please note: This page is a plain-English summary for adult (18+) private-sector employees, last checked October 2026. Workers under 18, government employees and union members often have different rules. Laws change, so for an official answer check with your state labor department. This isn't legal advice.

Sources

← Break laws in all 50 states · Connecticut · Florida

Frequently asked questions

Do I get a lunch break in Delaware?

Yes. Employees working 7½ or more consecutive hours must get at least 30 minutes for a meal, given sometime after the first 2 hours and before the last 2 hours of the shift.

Are breaks paid in Delaware?

Delaware doesn't require rest breaks for adults. But if your employer gives you a short break of about 5 to 20 minutes, federal law says it must be paid. Meal breaks of 30 minutes or more can be unpaid if you're fully relieved of work.

Can my employer make me work 8 hours without a break in Delaware?

It depends on how long your shift is. In Delaware: 30 min for 7½+ hr shifts. Shorter shifts may not require a break.

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