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DE · Employer compliance

Hire a minor in Delaware: 6-step compliance checklist

The federal Fair Labor Standards Act sets a floor; Delaware adds its own rules. The stricter of the two always wins. This page walks through the six checks every Delaware employer must complete before a 14-, 15-, 16-, or 17-year-old starts work — sourced from the US DOL Delaware state page and Delaware Code Title 19 Chapter 5 (Employment of Children).

Last verified:

Minimum work age

14

State work permit

Required (14–17)

Restricted occupations on file

5

Stricter than federal?

Yes

  1. Verify the minor's age

    Before scheduling the first shift, get documentary proof of the employee’s date of birth. In Delaware the state work permit (Delaware Work Permit) doubles as the age certificate — the issuing authority verifies the birth date when the permit is issued.

  2. Apply the stricter of federal or Delaware hour caps

    Use the stricter rule for the employee’s age band and school-in-session status. Below are Delaware’s state-specific caps for the two main age bands.

    Ages 14–15

    School in session

    4 hr / day · 18 hr / week

    07:00 – 19:00

    School out (summer)

    8 hr / day · 40 hr / week

    07:00 – 21:00

    Ages 16–17

    School in session

    4 hr / day · 30 hr / week

    06:00 – 00:00

    School out (summer)

    12 hr / day · No state limit / week

    No state limit

  3. Block hazardous and restricted occupations

    The 17 federal Hazardous Orders (HO-1 to HO-17) prohibit minors under 18 from specific non-agricultural occupations — meat processing, power tools, roofing, mining, certain driving roles, and more. See the full federal HO list.

    Delaware adds the following restrictions on top of the federal floor:

    • All federal hazardous orders HO-1 through HO-17(29 CFR Part 570)
    • Operating power-driven meat-processing machines(HO-10)
    • Roofing operations and work on or about a roof(HO-16)
    • Door-to-door sales for minors under 16 without adult supervision
    • Sale or service of alcohol for minors under 18

  4. Obtain the Delaware work permit

    Every minor under 18 must obtain a Work Permit through the Delaware Department of Labor online portal. The minor and parent or guardian apply electronically; the school confirms enrollment. The permit is job-specific and reissued for each new employer.

    Form
    Delaware Work Permit
    Issued by
    Delaware Department of Labor (online)
    Applies to ages
    14–17
    Delaware permit info page →Download Delaware work permit (PDF)

    How to apply for the Delaware work permit →

  5. Post the required notices

    Display the federal FLSA Youth Employment poster and the Delaware state child-labor poster where employees can see them. Both are free downloads from the US DOL Wage & Hour Division and the Delaware labor agency. Failure to post is one of the most common citations issued during WHD audits.

  6. Keep records for at least 3 years

    Federal FLSA §11(c) sets a 3-year minimum for payroll, hours, age verification, and (where applicable) the Delaware work permit. Many states require longer retention specifically for minor-employment documents — typically until 3 years after the minor turns 18. Keep: payroll + hours, age verification, the state permit, parental consent forms (where applicable), and any time-off / training records.

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