1) The Delaware Department of Labor offices will be closed on Thursday and Friday November 24th and 25th, 2022, in observance of The Thanksgiving Holiday. All payments scheduled for Thursday and Friday November 24th and 25th, 2022, will be processed on Monday November 28th, 2022. Please allow up to one week before contacting us regarding the status of payments. 2) Delaware SB184 requires many employers working on prevailing wage projects meet Craft Training requirements. Payments to the Apprenticeship and Training Fund is one to meet this obligation. Find out more at the Delaware One Stop. More Info

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Delaware Department of Labor

Meal Breaks

General Provisions:

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 (2) hours of work and before the last (2) 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.
  • There is a collective bargaining agreement or other employer-employee written agreement, which provides otherwise.

Rules have been issued granting exemptions 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.

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.

Rules Relating to Exemptions from Meal Break Requirements

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