Delaware Child Labor Laws: Age, Hours, Permits, and Pay

Delaware’s child labor laws set a minimum working age of 14 (with narrow exceptions), require a work permit for every employee under 18, cap hours tightly for younger teens, ban minors from a defined list of dangerous jobs, and carry civil penalties of up to $10,000 per violation. These state rules in Title 19, Chapter 5 of the Delaware Code run alongside the federal Fair Labor Standards Act, and whichever standard is stricter on a given point is the one employers must follow.¹

Minimum Working Age

Children under 14 generally cannot be employed in Delaware. A handful of activities sit outside the child labor rules entirely: delivering newspapers, caddying, non-hazardous farm work, domestic chores in a private home, and non-hazardous work in a family-owned business.² A child under 14 who isn’t doing one of those things cannot legally be on the payroll.

Once a minor turns 14, more jobs open up, but the type of work and the number of hours are both regulated. At 16, further occupations become available. Hazardous work stays off-limits until 18.

Work Permits Every Employer Needs on File

Every Delaware employer must have a work permit on file for each employee under 18. There is no fee, but the permit has to move through the minor, the employer, and an issuing officer before the employee starts.³

The minor fills out their section first. A parent or legal guardian must also sign if the minor is 14 or 15. The application then goes to the prospective employer for their portion. Finally, the minor brings the completed form and proof of age (birth certificate, passport, baptismal certificate, or state-issued ID) to an issuing officer, typically at the minor’s school or a local Department of Labor office. The Department also accepts applications by fax and email.³

The issuing officer verifies age, confirms the form is complete, and signs. The minor then gives a signed copy to the employer, who must keep it on file. A permit without an issuing officer’s signature and date is not valid, and employers should not accept one.

Hours for 14- and 15-Year-Olds

Delaware caps 14- and 15-year-olds at four hours on a school day, eight hours on a non-school day, 18 hours in a school week (defined as a week with five school days), and 40 hours in a non-school week. They cannot work more than six days in any week.⁴

Federal law is stricter on school days. The FLSA limits 14- and 15-year-olds to three hours on any school day.⁵ Because the tighter rule controls, the effective school-day cap in Delaware is three hours, not four. The non-school-day and weekly limits match between the two systems.

Time-of-day rules also apply. During the school year, these minors cannot work before 7:00 a.m. or after 7:00 p.m. From June 1 through Labor Day, the evening cutoff shifts to 9:00 p.m.⁴

Hours for 16- and 17-Year-Olds

Older teens get more flexibility, but the rules protect school and rest. Combined school and work hours cannot exceed 12 in a single day. A student with six hours of school can work six hours that day, and no more.⁶

Every 24-hour period must also include at least eight consecutive hours free of both work and school. That built-in rest gap means an employer cannot legally schedule a late closing shift followed by an early morning opening.⁶

Delaware does not set a specific weekly hour maximum for 16- and 17-year-olds, and there is no general time-of-day curfew for this age group under state law. Federal hazardous-occupation orders and other FLSA provisions may still limit late-night work in specific industries.

Meal Breaks for Minors

Any worker under 18 must get a break of at least 30 minutes after five continuous hours of work.⁴ That threshold is earlier than the 7.5-hour trigger that applies to adult employees under Delaware’s general meal break rule.⁷ Build the break into the schedule at the five-hour mark for anyone under 18.

Prohibited Occupations

Delaware splits its prohibited-job list by age. Younger teens face a broader set of bans; older teens face a narrower but still serious list.

Jobs Off-Limits Under 16

Minors under 16 cannot work during school hours and are barred from any job involving power-driven machinery, aside from basic office equipment or food-dispensing machines with no exposed moving parts. The statute specifically prohibits operating meat slicers, deep-fat fryers, and steamers or pressure cookers used in food preparation. Construction and demolition sites, tunnels, mines, quarries, and boiler operations are also off-limits.⁴ Every federal hazardous-occupation order under the FLSA applies to this age group as well.

Jobs Off-Limits Under 18

Even after 16, minors cannot work at blast furnaces, docks and commercial wharves, railroads, or sites involving electrical-wire installation or repair. They cannot work in distilleries where alcoholic beverages are manufactured or packaged, or in facilities producing dangerous or toxic chemicals. Piloting or engineering vessels in commerce is prohibited, as is late-night messenger work in cities with populations over 20,000.⁴

Federal hazardous-occupation orders add another layer for anyone under 18: power-driven woodworking machines, bakery equipment, metal-forming machines, most hoisting apparatus like forklifts, roofing work, excavation, and jobs involving exposure to radioactive substances.⁸ The Delaware Secretary of Labor can also declare additional occupations off-limits if they threaten a minor’s health, safety, or welfare.⁴

One point often gets misunderstood: Delaware does not broadly ban minors from working in restaurants or other businesses that serve alcohol. The prohibition targets distilleries where alcohol is manufactured, bottled, or packaged. A 16-year-old can legally bus tables at a restaurant that serves beer, provided the specific tasks don’t cross another prohibited line.

Performer Permits and Vocational Exceptions

Children under 16 can work as models, performers, or entertainers in theatrical productions, concerts, and similar shows only with a special permit from the Department of Labor. Without that permit, this work is illegal for anyone under 16.⁴

The prohibited-occupation lists carve out a real exception for vocational programs. Minors enrolled in work-study, student-learner, apprenticeship, or similar programs where the job is an integral part of their coursework are exempt from the prohibited-occupation rules, as long as the employment is procured and supervised by the school system or by a federally or state-monitored apprenticeship program.⁶

For several federal hazardous-occupation orders (covering power-driven woodworking, metalworking, meat processing, bakery machines, and others), 16- and 17-year-old apprentices and student-learners can perform otherwise prohibited work if the tasks are incidental to training, intermittent, for short periods, and directly supervised by a qualified adult. Student-learners also need a written agreement between school and employer covering safety instruction and training progressions.⁶ A work permit is still required.

Pay Rate for Minors

Delaware’s minimum wage is $15.00 per hour as of January 1, 2025, and minors are entitled to the same rate as adults.⁹ Delaware has no state-level youth subminimum wage. The federal $4.25 training wage for workers under 20 during their first 90 days is superseded by Delaware’s higher rate, so every employer in the state must pay at least $15.00 per hour regardless of the employee’s age.

Penalties for Violations

Employers who violate any provision of Chapter 5 face a civil penalty of up to $10,000 per violation.⁴ “Per violation” is not a formality. An employer that breaks the hour rules for three separate employees could be assessed up to $30,000.

Separate penalties of $1,000 to $5,000 per offense apply to employers who interfere with a Department of Labor investigation or knowingly provide false information. Retaliating against a worker who files a complaint or cooperates with the Department carries the same $1,000 to $5,000 range per violation.⁴

Federal FLSA violations bring separate federal enforcement on top of state penalties, and consequences on both sides escalate when a violation involves injury or willful disregard. Accurate records, valid work permits, and adherence to the hour and occupation rules keep an employer clear of both systems.

1
U.S. Department of Labor. Fact Sheet 43 – Child Labor Provisions of the FLSA for Nonagricultural Occupations
2
Delaware Code Online. Delaware Code Title 19 Chapter 5 – Child Labor
3
Delaware Department of Labor. Delaware Work Permit Application
4
Delaware Code Online. Delaware Code Title 19 Chapter 5 – Child Labor
5
U.S. Department of Labor. Non-Agricultural Jobs for 14 and 15 Year Olds
6
Delaware Department of Labor. Delaware Child Labor Law Booklet
7
Delaware Regulations. Delaware Administrative Code Title 19 1327 – Rules Relating to Exemptions from Meal Break Requirement
8
U.S. Department of Labor. What Jobs Are Off-Limits for Kids
9
Delaware Code Online. Delaware Code Title 19 Chapter 9 – Minimum Wage