Delaware meal break rule

Does Delaware require a meal break? Yes: an unpaid break of at least 30 consecutive minutes for 7.5 or more consecutive hours, after the first 2 hours and before the last 2 (19 Del. C. 707(a)).

19 Del. C. section 707(a)

"An employer must allow an employee an unpaid meal break of at least 30 consecutive minutes, if the employee works 7 1/2 or more consecutive hours. The meal break must be given some time after the first 2 hours of work and before the last 2 hours."

Who is left out

• Professional staff certified by the State Board of Education and employed by a local school board to work directly with children.
• Workers under a collective bargaining agreement or other written agreement that provides otherwise.
• The Secretary of Labor issues rules for exemptions where compliance would harm public safety, only one employee can do the job, an employer has fewer than 5 employees on a shift at one place (that shift only), or continuous operations need staff on call and those staff are paid for the meal break.

Section 707(b) protects a worker who complains about a missed break from being fired or punished for it.

Worked example: a 9:00 a.m. to 5:30 p.m. shift

The shift is 8.5 consecutive hours, so section 707(a) applies. The first 2 hours end at 11:00 a.m. and the last 2 hours start at 3:30 p.m. A 30-minute unpaid break that sits fully inside that window starts between 11:00 a.m. and 3:00 p.m. (arithmetic). A 7-hour shift, such as 9:00 a.m. to 4:00 p.m., is under the 7.5-hour trigger and the section does not require a break.

Breaks at a glance

Item	Delaware rule
Trigger	7.5 or more consecutive hours
Length	At least 30 consecutive minutes
Timing	After the first 2 hours and before the last 2
Pay	The statute calls it an "unpaid meal break"
Different arrangement	Allowed by collective bargaining or other written agreement

Who enforces it

Section 707(b) protects a worker who "has made a complaint or has given information to the Department of Labor" about a violation, and the Secretary of Labor writes the exemption rules in 707(a). The section does not describe a filing procedure. We could not read the Department's complaint page today, so no complaint link is given here.

Penalties

Section 707(c): "Whoever violates this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation." Jurisdiction lies "in any court of competent jurisdiction." Retaliation against a worker who complains is itself treated as a violation of the section (707(b)).

Federal law. Federal law does not require lunch or coffee breaks (U.S. Department of Labor). Short breaks of about 5 to 20 minutes that an employer offers count as hours worked and are paid (29 CFR 785.18). A bona fide meal period, ordinarily 30 minutes or more with the worker completely relieved from duty, is not work time and can be unpaid (29 CFR 785.19). The state rule above sits on top of that.

Not legal, tax or payroll advice. Read on October 27, 2026 on delcode.delaware.gov, the official Delaware Code site.