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Delaware break, overtime and sick leave rules

Meal and rest breaks, overtime and paid sick leave in Delaware, in plain words. Last reviewed October 31, 2026. Not legal advice.

The rules in Delaware#

Meal breaks
A 30‑minute meal period for employees working 7.5 consecutive hours or more, given after the first 2 hours and before the last 2 hours. Workplaces with a collective bargaining or other written agreement providing otherwise are excluded. The meal period is unpaid.
Rest breaks
No general paid rest break rule for adults.
Overtime
No state overtime law of its own; overtime for covered employees follows the federal Fair Labor Standards Act (FLSA) (1.5 times the regular rate after 40 hours in a workweek).
Paid sick leave
No statewide paid sick leave law.

How Oh! Thyme handles Delaware#

Oh! Thyme runs a company in Delaware on the federal rules. On every shift it checks:

  • Overtime after 40 hours in a workweek, worked out week by week
  • Every punch and break, to the minute
  • Sick leave balances build from approved hours at the rate set for each person, such as 1 hour per 30 worked, stop at their cap, and come down when time off is approved.

Not checked in Delaware: its meal break rules. The break times are on every timesheet for a supervisor to see; tell us at support@ohthyme.com if your company needs them checked.

Try it with sample data

Sources#

  1. Delaware Department of Labor, Office of Wage and Hour: Are meal breaks required in Delaware?
  2. Delaware Code Online: Title 19, Chapter 7, Subchapter I (section 707, Meal breaks)
  3. US DOL Wage and Hour Division: Minimum Length of Meal Period Required under State Law for Adult Employees in Private Sector
  4. US DOL Wage and Hour Division: Minimum Paid Rest Period Requirements Under State Law for Adult Employees in Private Sector
  5. US DOL Wage and Hour Division: State Minimum Wage Laws (overtime premium pay notes)
  6. A Better Balance: Paid Sick Time Legislative Successes (list of statewide laws)