(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