2021 Delaware Code
Title 19 - Labor
Chapter 5. Child Labor
§ 506. Minors under 16 years of age.
(a) A minor under 16 years of age shall not be employed or permitted to work in, about or in connection with:
(1) Any employment during the prescribed school day;
(2) Any occupation prohibited by the United States Secretary of Labor pursuant to the provisions of the Fair Labor Standards Act [29 U.S.C. § 201 et seq.];
(3) The operation, cleaning or adjusting of any power-driven machinery, appliances or tools, other than office machinery and food or beverage dispensing machines where the moving parts are not exposed to the operator;
(4) Meat slicers;
(5) Deep fat fryers;
(6) Steamers and pressure cookers used in the preparation of food;
(7) Boilers;
(8) Stripping and sorting tobacco;
(9) Construction or demolition projects;
(10) Tunnels or excavations;
(11) Mines, quarries or borrow pits;
(12) Coal breakers or coke ovens; or
(13) Any other occupation which, following a public hearing by the Department of Labor, the Secretary deems to be injurious to the health, safety, welfare or morals of the minor.
(b) Paragraph (a)(1) of this section shall not apply to a minor who has been excused from public school attendance by the public school authorities.
(c) Subsection (a) of this section shall not apply to a minor:
(1) Who is enrolled in a work-study, student-learner or similar program where the employment is an integral part of the course of study, and the employment is procured and supervised by the school district; or
(2) Engaged in the practice of farm labor with adult supervision.
(d) A minor under 16 years of age shall not be employed or permitted to work more than:
(1) Four hours on any day when school is in session;
(2) Eight hours on any day when school is not in session;
(3) Eighteen hours in any week when school is in session for 5 days;
(4) Forty hours in any week when school is not in session; and
(5) Six days in any week.
(e) A minor under 16 years of age shall not be employed or permitted to work before 7:
00 a.m. or after 7: 00 p.m.; except that a minor under 16 years of age may be employed or permitted to work until 9: 00 p.m. during the period each year from June 1 through Labor Day.(f) The hours worked by a minor enrolled in a bona fide work-study or student-learner program when school is normally in session shall not be counted towards the permissible hours of work prescribed in subsection (d) of this section.
68 Del. Laws, c. 173, § 1;
