Delaware’s child labor laws protect minors by limiting hours, requiring work permits, and banning hazardous occupations so work won’t interfere with education, health, or safety. The Office of Wage & Hour in the Delaware Department of Labor enforces state rules that work alongside federal FLSA standards; employers must follow whichever standard is stricter.
Minimum Working Age in Delaware
The statewide baseline minimum age for most non-agricultural employment is 14 years. Younger children may be employed only in narrowly defined exceptions (for example: limited entertainment work, newspaper delivery, or certain family farm activities) and typically require special authorization. Delaware separates rules for 14–to 15–year–olds and 16–to 17–year–olds to reflect different limits on hours and permissible duties.
Work Permits for Minors
Delaware requires work permits for minors (typically ages 14–17). Employers must obtain and retain a valid work permit on file for each minor employee; a new permit is required when a minor changes employers. Permits verify age and specify allowable hours and duties. Employers are responsible for keeping permits available for inspection.
Typical steps (employer-friendly summary):
- Minor accepts a job offer.
- Employer or parent obtains the state Work Permit form (Department of Labor link).
- Proof of age is provided and the permit is completed and retained.
- If the minor changes employers, a new permit is issued.
Hour Restrictions for Minors
Delaware separates hour limits for 14–15 and 16–17 year olds to protect schooling and rest. The table below summarizes the primary limits found in state law.
| Age Group |
School in Session |
School Not in Session / Vacations |
Allowed Work Hours & Notes |
| 14–15 |
Max 4 hrs/day on school days; max 18 hrs/week when school is in session. No work before 7:00 AM or after 7:00 PM (extended to 9:00 PM June 1–Labor Day). |
Up to 8 hrs/day and 40 hrs/week during vacations; still may not work before 7:00 AM or after 9:00 PM in summer. |
Must have at least a 30-minute non-work break after 5 consecutive hours. Not more than 6 days/week. |
| 16–17 |
May not work more than 12 hours in combination of school + work per day; must have 8 consecutive hours non-work/non-school in each 24-hour period. |
When school is not in session, may work up to 40 hrs/week or more as permitted by employer, but must not exceed 6 days/week; night limits apply per day/school schedule. |
Must have a 30-minute break after 5 consecutive work hours; hazardous-job prohibitions still apply. |
| Under 14 |
Generally not permitted (limited exceptions) |
Same |
Exemptions (entertainment, family farm work, paper routes) are narrowly defined. |
Notes: Delaware’s rules also incorporate the federal prohibited-occupation lists; when federal rules are stricter employers must comply with the federal standard.
Prohibited Jobs for Minors
Delaware’s statute bans minors from a range of hazardous occupations and incorporates by reference the federal hazardous-jobs lists (29 CFR Part 570). The following table summarizes common prohibitions by age group.
| Age Group |
Prohibited Occupations |
Examples / Notes |
| Under 14 |
Almost all non-exempt employment |
No work in manufacturing, construction, or hazardous retail/food equipment; limited exceptions include family farm or permitted entertainment. |
| 14–15 |
Manufacturing, mining, operating power-driven machinery, construction, processing, heavy warehousing |
Tasks like using meat-slicers, heavy kitchen equipment, forklifts, or large power saws prohibited. |
| 16–17 |
Federally designated hazardous occupations (roofing, excavation, logging, certain motor-vehicle driving, operation of heavy equipment) |
May perform more duties than younger minors but still barred from federally listed hazardous jobs. |
| All minors (<18) |
Work involving explosives, radioactive materials, meat packing involving dangerous machinery, demolition, or other particularly dangerous exposures |
State law and FLSA overlap, employers must follow the strictest rule applicable. |
Industry specifics: Food-service minors should never operate fryers, industrial slicers, or meat grinders; retail minors should avoid heavy machinery and loading-dock tasks unless fully compliant with federal exceptions and training.
Penalties for Non-Compliance
Violations of Delaware child labor law can trigger administrative enforcement and federal consequences:
- State enforcement: The Department of Labor may assess fines, require corrective actions, and demand production of work permits and records.
- Federal enforcement: If FLSA provisions are violated, employers may also face penalties and civil liability from the U.S. Department of Labor.
- Operational impact: Repeated or willful violations may lead to larger fines, reputational harm, and potential criminal exposure in severe cases (for example, willful endangerment leading to injury).
HR Notifications and Documentation
Delaware employers are required to maintain accurate records and post notices where minors are employed. The table below outlines common documentation requirements and guides retention.
| Document |
Retention Period |
Storage |
Update Schedule |
| Work Permit (minor) |
Keep on file while employed; new permit on job change |
On-site, personnel file |
At hire; new permit if job/employer changes. |
| Proof of Age (birth certificate, passport, school ID) |
Employment + 3 years |
Personnel file |
At hire |
| Time & Payroll Records |
At least 3 years |
Payroll system / HR |
Weekly / daily |
| Break and Schedule Logs |
Employment period |
HR / production records |
Daily |
| Compliance / Inspection Correspondence |
Employment + 3 years |
Compliance file |
As issued |
Notifications required: Employers must make permits available to inspectors and notify parents/guardians of incidents and schedule changes. They must also post the state child labor information and provide any additional notices required by the Department of Labor.
Login
Payroll Suite
HR Suite
Talent Suite
Project Services Suite
