Delaware child labor laws set forth the rules and limitations regarding the days and time children under the age of 18 years old may work in Delaware. They also clarify and limit the types of work children under the age of 14 and youth who are 14, 15, 16, and 17 year olds may work. It is also important to remember that businesses and youth workers must comply with the federal child labor laws set forth in the federal Fair Labor Standards Act (FLSA). Below is information about Delaware child labor law rules and limitations.
- How old do you have to be to work in Delaware?
- What days can a minor work in Delaware?
- What times during the day can a minor work in Delaware?
- How many hours can a minor work each day in Delaware?
- How many hours can a minor work each week in Delaware?
- What kinds of jobs can a minor work in Delaware?
- Does a teen need to have a work permit or certificate to work in Delaware?
- Are youth workers entitled to rest breaks or meal breaks?
How old do you have to be to work in Delaware?
Under Delaware child labor laws, youth must be 14-years-old or older to get a job and work in Delaware with a few exceptions.
There are a few exceptions for children under the age 14. The exemptions for all children include:
| Farm work performed on a farm in a nonhazardous occupation | Engaged in domestic work performed in or about a private home | Work performed in a business owned by a parent or one legally standing in the place of a parent in a nonhazardous occupation |
| Work performed by non-paid volunteers in a charitable or non-profit organization with the written consent of a parent or one legally standing in the place of a parent | Caddying on a golf course | Delivery of newspapers to the consumer |
DE Statute 19.501 to 19.509, DE Department of Labor – Child Labor Law
What days can a minor work in Delaware?
Delaware child labor laws do not limit the days of the week youth may work in Delaware. However, Delaware rules limit the times during a day a minor may work.DE Statute 19.501 to 19.509, DE Department of Labor – Child Labor Law
What times during the day can a minor work in Delaware?
The times during a day a minor may work in Delaware varies based on 1) whether they are under 16 year old or not, and 2) whether the work will be during school weeks or non-school weeks.
For youth that are 16-years-old and 17-years-old, Delaware child labor laws do not restrict the times during a workday in which they may work, except an employer may not require a minor to work when the minor is supposed to be in school.
For youth that are 14-years-old and 15-years old, Delaware child labor laws restrict the times during the day in which they work depending whether school is in session, 7 a.m. to 7 p.m., or school is not in session, 7 a.m. to 9 p.m.
| Age | School Weeks (Labor Day to June 1) | Non-School Weeks (June 1 to Labor Day) |
|---|---|---|
| What times can a 14-year-old work? | 7 a.m. until 7 p.m. | 7 a.m. until 9 p.m. |
| What times can a 15-year-old work? | 7 a.m. until 7 p.m. | 7 a.m. until 9 p.m. |
| What times can a 16-year-old work? | No restriction | No restriction |
| What times can a 17-year-old work? | No restriction | No restriction |
DE Statute 19.501 to 19.509, DE Department of Labor – Child Labor Law
How many hours can a minor work each day in Delaware?
How many hours can 16-year-olds and 17-year-olds work each day?
Under Delaware child labor laws, 16-years-old and 17-years-old youth nay not work more than 12 hours in combination of school and work hours each workday. They must also receive at least 8 consecutive hours each day in which they do not work and do not attend school.
| Max Hours Work Each Day | School days | Non-school days |
|---|---|---|
| How many hours can a 16-year-old work each day? | 12 combining school and work hour | 12 |
| How many hours can a 17-year-old work each day? | 12 combining school and work hour | 12 |
How many hours can 14-year-olds and 15-year-olds work each day?
Moreover, under Delaware child labor laws, children that are 14-years-old and 15-years-old may work no more than 4 hours on a school day and 8 hours on a non-school day.
| Max Hours Work Each Day | School days | Non-school days |
|---|---|---|
| How many hours can a 14-year-old work each day? | 4 | 8 |
| How many hours can a 15-year-old work each day? | 4 | 8 |
DE Statute 19.501 to 19.509, DE Department of Labor – Child Labor Law
What are the federal rules regarding times worked by youth in Delaware?
The FLSA also restricts the times youth may work each workday. When Delaware child labor laws are more restrictive than the federal laws, the Delaware rules apply.
| Age | School Weeks (Labor Day to June 1) | Non-School Weeks (June 1 to Labor Day) |
|---|---|---|
| What times can a 14-year-old work? | 7 a.m. until 7 p.m. | 7 a.m. until 9 p.m. |
| What times can a 15-year-old work? | 7 a.m. until 7 p.m. | 7 a.m. until 9 p.m. |
| What times can a 16-year-old work? | No restriction | No restriction |
| What times can a 17-year-old work? | No restriction | No restriction |
How many hours can a minor work each week in Delaware?
For youth that are 16-years-old and 17-years-old, Delaware child labor laws do not restrict how many hours they may work in a workweek, except an employer may not require a minor to work when the minor is supposed to be in school.
Moreover, under Delaware child labor laws, children that are 14-years-old and 15-years-old may work no more than 18 hours each week during school weeks and 40 hours on a non-school weeks.
| Max Hours Worked Each Workweek | School Weeks (Labor Day to June 1) | Non-School Weeks (June 1 to Labor Day) |
|---|---|---|
| How many hours can a 14-year-old work each day? | 18 | 40 |
| How many hours can a 15-year-old work each day? | 18 | 40 |
| How many hours can a 16-year-old work each day? | No restriction | No restriction |
| How many hours can a 17-year-old work each day? | No restriction | No restriction |
DE Statute 19.501 to 19.509, DE Department of Labor – Child Labor Law
The FLSA also restricts the how many hours a youth may work each workweek. When Delaware child labor laws are more restrictive than the federal laws, the Delaware rules apply.
| Max Hours Worked Each Workweek | Federal Law School Weeks (Labor Day to June 1) | Federal Law Non-School Weeks (June 1 to Labor Day) |
|---|---|---|
| How many hours can a 14-year-old work each week? | 18 | 40 |
| How many hours can a 15-year-old work each week? | 18 | 40 |
| How many hours can a 16-year-old work each week? | No restriction | No restriction |
| How many hours can a 17-year-old work each week? | No restriction | No restriction |
What kinds of jobs can a minor work in Delaware?
In Delaware, youth 14 years old and older may work in the following jobs with some limitations.
| office and clerical work | work of an intellectual or artistically creative nature | Some cooking |
| cashiering, selling, modeling, art work, work in advertising departments, window trimming and comparative shopping | price marking and tagging | bagging and carrying out customer orders |
| errand and delivery work | cleanup work | kitchen work and other work involved in preparing and serving food and beverages |
| cleaning kitchen equipment | cleaning vegetables and fruits, and the wrapping, sealing, labeling, weighing, pricing, and stocking of items, including vegetables, fruits, and meats | loading onto motor vehicles and the unloading from motor vehicles of the light, non-power-driven, hand tools and personal protective equipment |
| lifeguard (15-year-olds but not 14-year-olds) at traditional swimming pools and water amusement parks | inside and outside of establishments where machinery is used to process wood products under specific conditions | work in connection with cars and trucks including dispensing gasoline and oil, courtesy service on premises of gasoline service station, and car cleaning, washing, and polishing by hand |
| work in connection with riding inside passenger compartments of motor vehicles unless otherwise prohibited |
In Delaware, youth under 16 years old may not work in the following jobs, except 1) as part of a regular work-training, student-learner, or similar program or 2) is engaged in the practice of farm labor with adult supervision.
| manufacturing occupation | any mining occupation | most processing occupations such as filleting of fish, dressing poultry, cracking nuts, developing of photographs, laundering, bulk or mass mailings |
| performing any duties in workrooms or workplaces where goods are manufactured, mined or otherwise processed | occupations involved with the operating, tending, setting up, adjusting, cleaning, oiling or repairing of hoisting apparatus | work performed in or about boiler or engine rooms or in connection with the maintenance or repair of the establishment, machines, or equipment |
| occupations involved with the operating, tending, setting up, adjusting, cleaning, oiling or repairing or of any power-driven machinery | operation of motor vehicles or service as helpers on such vehicles | riding on a motor vehicle inside or outside of an enclosed passenger compartment |
| outside window washing that involves working from window sills | all work requiring the use of ladders, scaffolds, or their substitutes | all baking and most cooking activities with some exception |
| work in freezers and meat coolers and all work in the processing of meat for sale | peddling | loading and unloading of goods or property onto or from motor vehicles, railroad cars, and conveyors |
| catching and cooping of poultry in preparation for transport or for market | public messenger service | transportation of persons or property by rail, highway, air, on water, pipeline, or other means |
| warehousing and storage | communications and public utilities | construction including repair and demolition projects |
| occupation found and declared to be hazardous by the secretary of labor | meat slicers | Deep fat fryers |
| steamers and pressure cookers used in the preparation of food | boilers | stripping and sorting tobacco |
| tunnels or excavations | coal breakers or coke ovens |
Under the FLSA, youth under 18 years old may not work in the following jobs except when serving a voluntary apprenticeship. When the FLSA restricts youth under 18 years of age from hazardous occupation that are otherwise permitted under the Delaware child labor laws, the FLSA restriction will apply.
| Manufacturing and storing of explosives | Motor-vehicle driving and outside helper on a motor vehicle | Coal mining |
| Occupations in forest fire fighting, forest fire prevention, timber tract operations, forestry service, logging, and sawmilling | Power-driven woodworking machines | Exposure to radioactive substances |
| Power-driven hoisting apparatus, including forklifts | Power-driven metal-forming, punching, and shearing machines | Mining, other than coal mining |
| Operating power-driven meat processing equipment, including meat slicers and other food slicers, in retail establishments (such as grocery stores, restaurants kitchens and delis) and wholesale establishments, and most occupations in meat and poultry slaughtering, packing, processing, or rendering | Power-driven bakery machines including vertical dough or batter mixers | Power-driven balers, compactors, and paper processing machines |
| Manufacturing bricks, tile, and kindred products | Power-driven circular saws, bandsaws, chain saws, guillotine shears, wood chippers, and abrasive cutting discs | Wrecking, demolition, and shipbreaking operations |
| Roofing operations and all work on or about a roof | Excavation operations |
DE Statute 19.501 to 19.509, DE Department of Labor – Child Labor Law, DC Child Labor Law FAQs, see also FLSA
Does a teen need to have a work permit or certificate to work in Delaware?
Delaware child labor laws require teens under the age of 18 to obtain a work permit. To obtain a work permit, a teen must fill out their personal information in the application, including a parent/guardian’s signature, and then have their prospective employer fill out the employer information portion of the application. Once the teen and employer have filed out their portions of the application, the teen must present the application to 1) the issuing officer of their school, 2) the local DE Department of Labor office, or 3) email it to workpermits@delaware.gov.
DE Statute 19.501 to 19.509, DE Department of Labor – Child Labor Law
Are youth workers entitled to rest breaks or meal breaks?
In Iowa, employers are required to provide minors with a unpaid meal period lasting 30 minutes or more if the minor works 5 consecutive hours in a shift. DE Statute 19.501 to 19.509, DE Department of Labor – Child Labor Law
