Unpaid 30-minute meal break is required for employees under 18 who work for more than 4 hours continuously. 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.ĭelaware employers must grant a meal break of at least 30 consecutive minutes to employees under the age of 18 scheduled to work more than 5 hours continuously per day. (4) If the 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. (3) If an employer has fewer than five employees on a shift at one location (the exception would only apply to that shift). (2) If only one employee may perform the duties of a position. (1) If compliance would adversely affect public safety. (2) There is a collective bargaining agreement or other employer-employee written agreement, which provides otherwise. (1) The employee is a professional employee certified by Delaware’s State Board of Education and employed by a local school board to work directly with children. Meal break is required after the first 2 hours of work and before the last 2 hours. Unpaid 30-minute meal break for employees 18 or older working 7.5 or more consecutive hours. (4) The continuous nature of an employer’s operations, such as chemical production or research experiments, requires that employees are available to respond to urgent or unusual conditions at all times and such employees are compensated for a break and meal periods. (3) The employer employs less than five employees on a shift at a single place of business provided the exemption shall only apply to the employees on such shift. (2) The duties of a position may only be performed by one employee. (1) Requiring compliance would be adverse to public safety. The Labor Commissioner shall exempt any employer from the requirements of this section if he finds that: Unpaid 30-minute meal break for employees working 7.5 or more consecutive hours. A meal break usually 30 minutes or longer may be unpaid so long as employees are not doing any work. Breaks lasting less than 20 minutes are required to be paid and are considered part of the work day. Federal law applies for other industries.įederal Law Applies for all other industries that are not retail and service, food and beverage, commercial support services, or health and medical industries. Unpaid 30-minute break every 5 hours for employers doing business in the retail and service, food and beverage, commercial support services, or health and medical industries. Paid 10-minute break every 4 hours for employers doing business in the retail and service, food and beverage, commercial support services, or health and medical industries. California law only permits employers to provide an “on duty” meal period when the nature of the work prevents the employee from being relieved of all duty and when by written agreement between the employer and employee an on-the-job meal period is agreed to. Unless the employee is relieved of all duties during the entire 30-minute meal period and is free to leave the employer’s premises, the meal period must be counted as hours worked and paid at the employee’s regular rate of pay. Not required except for children under the age of 16 employed in the entertainment industry.Ī rest period is not required for employees whose total daily work time is less than 3.5 hours.Īn unpaid 30-minute meal break is required if working more than 5 consecutive hours (more than 6 hours for employees in the motion picture industry in specific situations). The break must occur after the first hour and a half of work but before the beginning of the last hour of work. Employees age 14–17 require an unpaid 30-minute meal/rest break if working 5 continuous hours. Employees age 14–15 require an unpaid 30-minute meal/rest break if working 5 continuous hours.įederal Law Applies: Breaks lasting less than 20 minutes are required to be paid and are considered part of the work day.
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