Delaware Child Labor Laws

Delaware was the first state in the Union and the first to ratify the United States Constitution.  With the longstanding importance of agriculture in the New England states, Delaware was one of the last states to establish a child labor law in 1915.  Agriculture remains exempt from restrictions on minors working with the exception of hazardous jobs.

Child Labor Laws in Delaware For Minors Under 14​

Currently the Delaware Child Labor Law states that those under the age of 14 are prohibited from working.  These laws are in place “to ensure the health and well-being of young citizens.  They protect youths from dangerous and harmful occupations but certify gainful employment does not interfere with the right of a minor to education.” 

Child Labor Laws in Delaware For Minors 14 and 15 Years Old

Minors in this age group may work in limited jobs in retail, clerical, and childcare.  An employment certificate is required prior to beginning employment.  Youth 14-15 may not work in occupations involving power-driven machinery, meat packing, cooking/baking, jobs involving boilers, construction/demolition, tunneling/excavation, mines/quarries, jobs involving coal breakers or coal ovens.  They may not work where alcohol is sold or served.

The restrictions for this age group include,

When public school is in session:

  • No work during school hours
  • Not more than four hours per day
  • Not more than 18 hours per week
  • Not earlier than 7am and later than 7pm
  • Break of 30 minutes required when working at least five hours

When public school is not in session:

  • Not more than eight hours per day
  • Not more than 40 hours per week
  • May work 7am to 9pm from June 1 to Labor Day
  • Break of 30 minutes required when working at least five hours

Child Labor Laws in Delaware For Minors 16 and 17 Years Old

Minors in this age group are allowed to work in a variety of jobs but not in those considered too hazardous.  Restricted occupations include work with blast furnaces, docks or wharves, railroads, installation or repair of electrical wires, distilleries, manufacturing of dangerous chemicals. Pilot, firefighter, and engineer.  A work certificate is required prior to beginning employment.  The Child Labor Law details the guidelines, including,

When public school is in session:

  • Not more than a total of 12 hours school and work combined on school days
  • Not more than eight hours per day
  • Minimum of eight hours rest in a 24 hour period
  • A maximum of 40 hours per week
  • Not earlier than 7am or later than 7pm
  • Break of 30 minutes required when working at least five consecutive hours

When public school is not in session:

  • Not more than eight hours per day
  • Minimum of eight hours rest in a 24 hour period
  • A maximum of 40 hours per week
  • Not earlier than 7am or later than 9pm from June 1 to Labor Day

State child labor laws do not apply to minors under 18 in the following areas: nonhazardous farm work, domestic work in a private home, nonhazardous work in a business owned by a parent or guardian, work as a golf caddy, newspaper deliveries to residences, and volunteer work for a charitable or nonprofit organization with written parental approval. They may work in entertainment with a Limited Theatrical Exemption.  Youth enrolled in a work-study program, an apprenticeship, or similar educational course are also not subject to state child labor laws.