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Believe it or not, employers in many states have no legal obligation to give their employees any breaks during the work day. The federal Fair Labor Standards Act (FLSA) does not require employers to provide any breaks, and many states follow the same rule. Other states require employers to provide rest breaks, meal breaks, or both. 

A small number of states require employers to provide paid rest breaks during the work day.

In Delaware, employees who work at least seven and a half hours consecutively have the right to a 30-minute meal break, unpaid. The break must take place after the employee's first two hours of work and before the employee's last two hours of work. 

Delaware law does not require employers to provide rest breaks. If your employer chooses to let employees take rest breaks, it must pay you for breaks that last for 20 minutes or less.


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Jurisdictional relevance: ST

There are versions of this article for each State.