Rest and Meal Break Laws in Delaware

Many people are not aware the Federal Government does not enforce any laws or regulations that require employers to allow their employees the right to take rest breaks during their day of work. This also includes the right to take a break to eat a meal. Although these types of breaks are not mandatory under federal labor law, many employers still provide these breaks as a form of formality and policy. Every business owner wants an efficient and positive workplace, which can’t be achieved with energy drained and hungry employees.  

State Labor Laws for Breaks 

Delaware is one of 20 states in which employers are legally required to provide rest or meal breaks to adults and minors employed in the private sector. The state of Delaware enforces a 30-minute meal break for employees who work at least seven and a half consecutive hours a day. The break must be allowed after the first 2 hours of labor and before the last 2 hours of the employee’s shift. Although this break is mandatory by state law, the employers do not have to pay the employees for it.  

If an employer in the state of Delaware decides to offer his/her employees other breaks besides the 30-minute meal break required by the state, the employer must be in ordinance with Federal laws and rules pertaining to such breaks. Any break of 20 minutes or less is considered part of the workday, therefore, it must be paid - covered by the Fair Labor Standards Act (FLSA). Federal law allows employers the right to offer his/her employees a meal break of 30 minutes or more with the choice of paying for the breaks or not. The deciding factor whether a break should be paid or not is if the employee was performing any labor related tasks during the time of rest. For example, if a receptionist must answer calls while he/she eats, the break must be paid.