Am I Entitled To Meal And Rest Brakes?
All employees must receive a meal break of at least 30 consecutive minutes if the employee is scheduled to work 7.5 or more hours per day. Meal breaks must be given sometime after the first two hours of work and before the last two hours of work. This rule does not apply when the employee is a professional employee certified by the State Board of Education and employed by a local school board to work directly with children or when there is a collective bargaining agreement or other employeremployee written agreement, which provides otherwise.
Exemptions can be granted when compliance would adversely affect public safety; only one employee may perform the duties of a position; an employer has fewer than five employees on a shift at one location (the exception would only apply to that shift); continuous nature of an employer's operations such as chemical production or research experiments, requires employees to respond to urgent or unusual conditions at all times and the employees are compensated for their meal breaks.
Minors must be given at least a thirtyminute break after working more than five consecutive hours.
Where exemptions are allowed, employees must be allowed to eat meals at their workstations or other authorized locations and use rest room facilities as reasonably necessary.
Other Delaware Labor and Employment FAQs
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Q:
What is the minimum wage in Delaware?
A: The minimum wage in Delaware is $7.15. Exceptions to the minimum wage include employees in agriculture; employees in domestic service in or about private homes; … More -
Q:
How Often Must My Employer Pay My Wages?
A: Employers are required to pay all wages due to employees on the regularly scheduled payday, designated in advance by the employer, and occurring at least once during … More -
Q:
If I Am Fired From My Job, How Soon Must My Employer Pay Me?
A: Whenever an employee quits, resigns, is discharged, suspended or laid off, the wages earned shall be paid on the next regularly scheduled payday. More -
Q:
Does My Employer Have To Pay Me Time And A Half For Working Overtime?
A: Delaware has no law that determines whether, in a particular circumstance, premium pay is required for overtime hours worked. The federal Fair Labor Standards Act … More -
Q:
Can My Employer Fire Me Without Reason Or Notice?
A: Delaware is an employmentatwill state, which means that, absent an employment contract (or collective bargaining agreement), which provides otherwise, an … More -
Q:
How Do I Know Whether An Employer Has Illegally Discriminated Against Me?
A: You may have been discriminated against if you were treated differently from other employees because of your race, color, age (4070), sex, religion, national … More -
Q:
What Constitutes Sexual Harassment?
A: Sexual harassment can be any unwelcome sexual advance, request for sexual favor, or other verbal or physical conduct of a sexual nature. If the harassment is by a … More -
Q:
What Should I Do If I Feel I Have Been Discriminated Against?
A: If you believe you have been discriminated against, contact the Delaware Department of Labor's Office of Labor Law Enforcement. Keep records of incidents and names of … More -
Q:
Is A Work Permit Required For Employment Of A Minor?
A: The minimum age for employment in Delaware is 14 years. Anyone under the age of 18 must have a work permit on file with their employer. A new permit is required when … More -
Q:
Are There Restrictions On The Hours A Minor Can Be Employed?
A: Minors 1415 years of age are not permitted to work as follows: Before 7:00 a.m. or after 7:00 p.m. except from June 1st through Labor Day when the evening … More