Delaware Child Labor Law

Last update: June 10, 2023

Minimum Hiring Age in Delaware

What is the minimum age to be employed in Delaware? The legal age to work in Delaware is 14, but governed by state and federal child labor laws and varies based on:

  • The type of work (e.g., agricultural or non-agricultural)
  • Whether the job is considered hazardous or has prohibited duties.
  • Whether school is in session.
  • The legal status of the minor (e.g., emancipated minors).
  • Whether the job is exempt from the Fair Labor Standards Act (FLSA).

According to Federal Law (FLSA), a minor must be at least 14 years old to work for an employer (e.g. retail stores, food service establishments and gasoline service stations), with an exception for minors working for a parent or legal guardian who owns the business. This is the reason why you will never see job postings for children under the age of 14.

Age Restrictions

  • 18: Selling tobacco products.
  • 19: Serving alcoholic beverages in restaurants.
  • 21: Sell alcoholic beverages and to work as a barkeeper.

Minimum age to drive motor vehicles (cars and small trucks) on public roads as part of jobs is basically 17 years old, with certain requirements.

Minimum age to serve and bartend alcohol in Delaware:

BeerWineSpirits
Serve181818
Bartend212121

Work Hours

  • 14: Before 7:00 a.m. or after 7:00 p.m.- except from June 1 through Labor Day when the evening hour shall be extended to 9:00 p.m.; More than four hours per day on school days; More than eight hours per day on non-school days; More than eighteen (18) hours in any week when school is in session for 5 days; More than six (6) days in any week; More than forty (40) hours per week when school is not in session.
  • 16: May not work more than twelve hours in a combination of school and work hours per day. Must have at least eight consecutive hours of non-work, non-school time in each 24-hour period. May not work more than five hours continuously without a non-work period of at least 30 consecutive minutes.
  • 18: Unrestricted

Maximum daily and weekly hours and days per week for minors ages 14 and 15:
8-40-6 school day/week: 4-18 (Eight hours are permitted on both Saturday and Sunday if minor does not work outside school hours more than 6 consecutive days in a week and total hours worked outside school does not exceed 24)

Nightwork prohibited for minors ages 14 and 15:
7 p.m. (9 p.m. June 1 through Labor Day) to 7 a.m.

Maximum daily and weekly hours and days per week for ages 16 and 17:
12 (Combined hours of work and school)

Nightwork prohibited for ages 16 and 17:
8 consecutive hours of non-work, non-school time required in each 24-hour day.

Work Permit

  • 9: Minimum age to: Delivery of handbills and advertising; Shoe shining; Gardening and care of lawns involving no power-driven lawn equipment; Cleaning of walks involving no power-driven snow-removal equipment; Casual work usual to the home of the employer and not specifically prohibited; Caddying on golf courses; Occupations similar to the above.

  • 12: Minimum age to: Sale and delivery of periodicals; Door-to-door selling and delivery of merchandise; Baby-sitting; Gardening and care of lawns, and cleaning of walks; contact the Division regarding use of power-driven equipment; Non-hazardous agricultural work; Occupations similar to the above.

  • 14: Minimum age to: on-hazardous occupations in manufacturing; Public messenger service and errands by foot, bicycle and public transportation; Operation of automatic enclosed freight and passenger elevators.; Janitorial and custodial service; Office work and clerical work; Warehousing and storage, including unloading and loading of vehicles; Non-hazardous construction and non-hazardous repair work; Occupations in retail food service; Certain gasoline service occupations; Occupations in retail stores; Occupations in restaurants, hotels, motels, or other public accommodations; Occupations related to parks or recreation; Occupations similar to the above.

  • 16: Minimum age to: The occupations listed above and the operation of a motor vehicle if the minor is licensed to operate the motor vehicle for such use pursuant.

  • 18: Minimum age to: Sell, or serve alcoholic beverages if supervised by someone 21 years of age or older.

  • 21: Minimum age to: Sell, or server alcoholic beverages (unrestricted).
Age certificate is not provided.

Minimum Wages

The minimum wages in Delaware is $11.75. FLSA allow employers to pay a youth minimum wage of not less than $4.25 an hour to employees who are under 20 years of age during the first 90 consecutive calendar days after initial employment.


Next reading: Find jobs for teens in Delaware

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