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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJuly 2017

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Background: The Rules Relating to Exemptions from Meal Break Requirement were adopted March 17, 1993, by Secretary Darrell J. Minott. The regulations were adopted in compliance with the Administrative Procedures Act ("APA"), 29 Del.C. §§10101 et seq. For unknown reasons the regulations were never incorporated into the Administrative Code during the period of transition in the latter part of the 1990s to the current APA system. Therefore, this notice serves to announce that the Rules Relating to Exemptions from Meal Break Requirement will be added to Title 19 of the Administrative Code.
Pursuant to the provision of 19 Del.C. §707(a), the Secretary of Labor hereby promulgates the following rules relating to exemptions from the meal break requirements of the statute.
On July 10, 1992, Senate Bill 143 (as amended by Senate Amendment No. 1) was signed into law. It is codified at 19 Del.C. §707(a). The law requires that employers allow employees a meal break of at least thirty (30) consecutive minutes to employees who will be working seven and one-half (7 1/2) consecutive hours. The break must be given some time after the first two hours of work and before the last two hours. The break need not be a paid break. However, employees must be completely relieved from their duties during the break and the break time is to be free and uninterrupted time.
Approved this 17th day of March, 1993
Last Updated: December 31 1969 19:00:00.
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