Q: Are there requirements on meal break timing when shifts do not require a meal break?
For context, I work in Delaware and Title 19 Ch 7 Subch I Sec 707 states that a 30 minute break must be given on shifts at least 7.5 hours; however, many employers, including my own, give them on shifts shorter than that. The same section states that meal breaks must be given after the first 2 hours and before the last 2 hours. My question is, does this apply to meal breaks given on shifts shorter than 7.5 hours?
A:
Hi,
My name is Dash. I'm a Delaware employment lawyer with the law firm Equal Justice Solutions.
The short answer is no. In fact, under Delaware law, there is no requirement to give employees a lunch break if they work less than 7.5 consecutive hours. A plain reading of the statute says as much:
"(a) An employer must allow an employee an unpaid meal break of at least 30 consecutive minutes, if the employee works 7 1/2 or more consecutive hours...."
I checked the case law in some legal databases, and it does not appear the Delaware Supreme Court has interpreted this section of the code--let alone addressed the question above.
So, the upshot is, my assessment, is that there is nothing that requires Delaware employers to give employees any type of lunch break if they work less than 7.5 consecutive hours. Since they aren't required to give a lunch break, if they chose to give a lunch break, there is no requirement when that break must occur.
I hope this helps, and if you have questions, feel free to contact us: https://equaljusticesolutions.org/
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