19 Del. C. § 1314 — Delaware Code / Title 19 / Chapter 13 / Section 1314
§ Â
        1314. Mediation.
Status: in_force

(a) If, after a reasonable period of negotiations over the terms of an agreement or after a reasonable time following certification of an exclusive representative, no agreement has been signed, the parties may voluntarily submit to mediation. If, however, no agreement is reached between the parties by 90 days prior to the expiration of an existing collective bargaining agreement, or, in the case of a compensation bargaining unit of nonhigher education state employees at least 120 days prior to the expiration date of an existing collective bargaining agreement or in the case of a newly certified representative within 60 days after negotiations have commenced, both parties shall immediately notify the Board of the status of negotiations.

(b) If the parties have not voluntarily agreed to enlist the services of a mediator and less than 75 days remain before the expiration of an existing collective bargaining agreement, or, in the case of a compensation bargaining unit of nonhigher education state employees at least 90 days prior to the expiration date of an existing collective bargaining agreement or in the case of a newly certified representative more than 90 days have elapsed since negotiations began, the Board must appoint a mediator if so requested by the public employer or the exclusive bargaining representative. The mediator shall be chosen from a list of qualified persons maintained by the Board upon mutual agreement of the parties or from the American Arbitration Association, and shall be representative of the public.

(c) If the labor dispute has not been settled within 30 days after mediation has been requested or less than 60 days remain before the expiration of an existing collective bargaining agreement, the parties jointly or individually may petition the Board in writing to initiate binding arbitration. In lieu of a petition, the mediator may inform the Board that further negotiations between the parties, at that time, are unlikely to be productive and recommend that binding arbitration be initiated. The public employer and the exclusive bargaining representative may initiate binding arbitration at any time by mutual agreement. The arbitrator shall be chosen from a list of qualified persons maintained by the Board upon mutual agreement of the parties or from the American Arbitration Association, and shall be representative of the public.

(d) Any costs involved in retaining a mediator to assist the parties in reaching a negotiated agreement shall be paid by the Board.
19 Del. C. § 725 — Delaware Code / Title 19 / Chapter 7 / Subchapter III / Section 725
§ Â
        725. Affirmative defenses.
Status: in_force

In defense of any action to enforce § 724 of this title a respondent may assert affirmative defenses, including, but not limited to, the following:

(1) Despite reasonable accommodation, a person with a disability cannot satisfactorily perform the essential functions of the job in question;

(2) Employment of a person with a disability creates an unreasonable and demonstrable risk to the safety or health of the person with a disability, other employees, the employer’s customers or the public;

(3) Any of the enumerated exceptions to reasonable accommodation set forth in § 722(6) of this title, including undue hardship, are applicable.
19 Del. C. § 713 — Delaware Code / Title 19 / Chapter 7 / Subchapter II / Section 713
§ Â
        713. Civil action by the Attorney General; complaint.
Status: in_force

(a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this subchapter or subchapter III of this chapter and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the Court of Chancery by filing with it a complaint:

(1) Signed by the Attorney General (or in the Attorney General’s absence the Chief Deputy Attorney General);

(2) Setting forth facts pertaining to such pattern or practice; and

(3) Requesting such relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as the Attorney General deems necessary to insure the full enjoyment of the rights herein described.

(b) The Court of Chancery shall have jurisdiction over proceedings brought pursuant to this section.
19 Del. C. § 3105 — Delaware Code / Title 19 / Chapter 31 / Subchapter I / Section 3105
§ Â
        3105. Compensation of Chairperson and other Board members.
Status: in_force

The Chairperson of the Board shall be paid $ $235 for each meeting attended, not to exceed 80 meetings per year. Each of the other members of the Board shall be paid $185 for each meeting attended, not to exceed 80 meetings per year, and shall devote to the duties of their office such time as is necessary for the satisfactory execution thereof. The compensation of the Chairperson and other Board members shall be paid from the Unemployment Compensation Administration Fund provided for in § 3164 of this title, and not from any funds appropriated by the General Assembly.
19 Del. C. § 3128 — Delaware Code / Title 19 / Chapter 31 / Subchapter II / Section 3128
§ Â
        3128. Self-incrimination.
Status: in_force

No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda and other records before the Department, the chairperson of an appeal tribunal or any duly authorized representative of either of them or in obedience to the subpoena of any of them in any cause or proceeding before the Department or an appeal tribunal on the ground that the testimony or evidence, documentary or otherwise, required of that person may tend to incriminate that person or subject that person to a penalty or forfeiture, but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which that person is compelled, after having claimed the privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
19 Del. C. § 3342 — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3342
§ Â
        3342. Termination of employerâs coverage.
Status: in_force

Except as otherwise provided in § 3343 of this title, an employing unit shall cease to be an employer subject to this chapter only as of January 1 of any calendar year if it files with the Department, prior to January 5 of such year, a written application for termination of coverage and the Department finds that there was no employment as defined in § 3302(12)(A) and (14)(C) of this title performed for an employing unit within the preceding calendar year.

For purposes of this section, the 2 or more employing units mentioned in § 3302(12)(D), (12)(E) or (12)(F) of this title shall be treated as a single employing unit.
19 Del. C. § 3133 — Delaware Code / Title 19 / Chapter 31 / Subchapter II / Section 3133
§ Â
        3133. Authority to borrow federal funds.
Status: in_force

The Department is authorized to enter into such agreement as may be necessary to secure any advance or grant of funds by the Secretary of the Treasury of the United States in accordance with the authority extended under § 1201 of the federal Social Security Act (42 U.S.C. § 1321), as amended, or under any other act of Congress extending such authority.

Any amount transferred to the Unemployment Trust Fund by the Secretary of the Treasury of the United States under the terms of any agreement entered into in accordance with the authority extended in this section shall be repaid to the Secretary of the Treasury of the United States from the Unemployment Trust Fund.

Interest on interest-bearing advances from the federal government for the payment of unemployment compensation benefits shall be paid in a timely manner, as prescribed by the Secretary of Labor of the United States, from the Special Administration Fund for the Department of Labor as provided in § 3166 of this title.
19 Del. C. § 3161 — Delaware Code / Title 19 / Chapter 31 / Subchapter IV / Section 3161
§ Â
        3161. Unemployment Compensation Fund.
Status: in_force

There shall be a special fund, separate and apart from all public moneys or funds of this State, to be known as the Unemployment Compensation Fund which shall be administered by the Department exclusively for the purposes of this part.

This Fund shall consist of:

(1) All assessments collected under this part (except the additional emergency assessment required under § 3391 of this title) together with any interest thereon collected prior to October 1, 1967, pursuant to §§ 3357-3365 of this title;

(2) All penalties collected prior to October 1, 1967, pursuant to this part;

(3) Interest earned upon any moneys in the Fund;

(4) Any property or securities acquired through the use of moneys belonging to the Fund; and

(5) All earnings of such property or securities.

All moneys in the Fund shall be mingled and undivided.
19 Del. C. § 2371 — Delaware Code / Title 19 / Chapter 23 / Subchapter IV / Section 2371
§ Â
        2371. Insurance of employerâs compensation liability.
Status: in_force

(a) Every employer to whom this chapter applies shall insure the payment of compensation to the employees, or their dependents, in the manner provided in § 2372 of this title. While such insurance remains in force, the employer shall be liable to any employee, or the employee’s dependents, for personal injury or death by accident only to the extent and in the manner specified in this chapter.

(b) Every employer having a primary place of business in another state shall carry Delaware workers’ compensation coverage in full for any employees doing substantial work in the State as if they were an employer in Delaware. Every such employer whose employee is injured during the course of employment within the territory of the State shall notify such employee of that employee’s rights under this chapter.

(c) Substantial work shall include, but not be limited to:

(1) A construction or contracting business for which a Delaware employer would be required to be licensed under Chapter 25 of Title 30;

(2) A business of any sort in which 1 or more employees is primarily engaged in the business of the employer in the territory of the State of Delaware for more than 5 consecutive work days at a single time; or

(3) Working for a business of any sort in which 1 or more employees is primarily engaged in the business of the employer for more than an aggregate of 3 weeks in any 6-month period. For purposes of this section a week shall consist of 5 consecutive work days.

(d) The insurance required of the above-described employers shall consist of:

(1) An actual Delaware workers’ compensation policy covering the activities of the employer for any employee engaged in the employer’s business in the territory of the State; or

(2) A written rider on an out-of-state policy of insurance covering the work activities of the employees as fully and completely as an actual Delaware workers’ compensation policy would; or

(3) A declaration of self-insurance that would be valid and acceptable if made by a Delaware employer in the territory of the State providing such coverage, filings and surety as is required of Delaware employers to be self-insured for claims for Delaware workers’ compensation.

(e) All such employers described in this section shall comply with §§ 2372, 2373 and 2374 of this title.

(f) Every Delaware construction or contracting business employing an out-of-state business for which a Delaware employer would be required to be licensed under Chapter 25 of Title 30 shall verify in any business transaction that the out-of-state construction or contracting business is in compliance with this requirement.
19 Del. C. § 506 — Delaware Code / Title 19 / Chapter 5 / Section 506
§ Â
        506. Minors under 16 years of age.
Status: in_force

(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.
19 Del. C. § 3311 — Delaware Code / Title 19 / Chapter 33 / Subchapter II / Section 3311
§ Â
        3311. Extent of benefits; liability of State or Department.
Status: in_force

Benefits shall be due and payable under this chapter only to the extent provided in this chapter and to the extent that moneys are available therefor to the credit of the Unemployment Compensation Fund and neither the State nor the Department shall be liable for any amount in excess of such sums.
19 Del. C. § 2342 — Delaware Code / Title 19 / Chapter 23 / Subchapter III / Section 2342
§ Â
        2342. Notice of occupational disease; time of; failure to give.
Status: in_force

Unless the employer during the continuance of the employment has actual knowledge that the employee has contracted a compensable occupational disease or unless the employee, or someone in the employee’s behalf, or some of the employee’s dependents, or someone on their behalf, gives the employer written notice or claim that the employee has contracted 1 of the compensable occupational diseases, which notice to be effective shall be given within a period of 6 months after the date on which the employee first acquired such knowledge that the disability was, could have been caused or had resulted from the employee’s employment, no compensation shall be payable on account of the death or disability by occupational disease of such employee.
19 Del. C. § 1102 — Delaware Code / Title 19 / Chapter 11 / Section 1102
§ Â
        1102. Payment of wages on regular paydays.
Status: in_force

(a) Every employer shall pay all wages due to the employer’s employees on regular paydays designated in advance by the employer, which shall be at least once during each calendar month, and in lawful money of the United States or checks provided suitable arrangements are made by the employer for cashing such checks for the full amount of the wages due at a bank or other business establishment convenient to the place of employment. But upon written request of an employee, an employer may pay such employee all wages due by credit to a bank account designated by the employee.

(b) Every employer shall pay all wages due within 7 days from the close of the pay period in which the wages were earned; provided, that if the regular payday falls on a nonwork day, payment shall be made on the preceding workday. If, however, the regular payday is within the pay period (on or before the final day of the pay period) and the pay period does not exceed 16 days, the employer may delay until the next pay period compensation for the following:

(1) Overtime hours worked by employees;

(2) Employees hired or resuming employment during the pay period; and

(3) Part-time or temporary employees with variable working time.

(c) If an employee is for any reason not present on the regular payday, payment shall be made either by mail if requested by the employee or at the next regular workday that the employee is present or by the credit to the bank account designated by the employee.
19 Del. C. § 3510 — Delaware Code / Title 19 / Chapter 35 / Section 3510
§ Â
        3510. Provisions relating to contracts with public bodies.
Status: in_force

(a) Where, after investigation, the Department determines that an employer engaged in work on a public works project is in violation of this chapter or regulations adopted pursuant to this chapter, the Department shall promptly notify the public body.

(b) The public body shall:

(1) On notification of the violation pursuant to subsection (a) of this section, withhold from payment due the employer an amount that is sufficient to:

a. Pay restitution to each employee for the full amount of wages due; and

b. Pay any benefits, taxes, or other contributions that are required by law to be paid on behalf of the employee.

(2) Release:

a. On issuance of a final order of a court or the Department, the full amount of the withheld funds; and

b. On an adverse final order of a court or the Department, the balance of the withheld funds after all obligations are satisfied pursuant to paragraph (b)(1) of this section.

(c) Subject to the process set forth in this section:

(1) An employer found to be in violation of this chapter more than twice in a 2-year period may be subject to debarment under § 3505(h)(1) of this title.

(2) The Department shall file with the Office of Management and Budget, the Division of Revenue, the Division of Unemployment Insurance, the Department of Insurance, the Office of Workers’ Compensation, and the Office of the Attorney General, a list of employers who are subject to debarment.

(3) A debarment under this section applies to any successor corporation or business entity to which all of the following apply:

a. It has 1 or more of the same principals or officers as the employer against whom the debarment was imposed.

b. It is engaged in the same or equivalent trade or activity.
19 Del. C. § 2301A — Delaware Code / Title 19 / Chapter 23 / Subchapter I / Section 2301A
§ Â
        2301A. Industrial Accident Board.
Status: in_force

(a) The Industrial Accident Board is continued. It shall consist of 10 members, each of whom shall be appointed by the Governor for a term of 6 years and confirmed by the State Senate. The appointments shall be made so that there shall always be on the Board 2 residents of New Castle County outside of the City of Wilmington, 1 resident of the City of Wilmington, 2 residents of Kent County, 2 residents of Sussex County and 3 members-at-large residents of any of the subdivisions of the State, and not more than 6 of said members shall be of the same political party.

(b) Each member of the Board shall receive an annual salary of $24,240, except for the Chairperson, who shall receive an annual salary of $27,270. The members of the Board shall receive from the State their actual and necessary expenses while traveling on the business of the Board, but such expense shall be sworn to by the person who incurred the expense, and any such person falsely making any such report shall be guilty of perjury and punishable accordingly. The salary of the members of the Board shall be paid in the same manner as the salaries of state officers are paid.

(c) A majority of the members of the Board shall constitute a quorum for the exercise of any of the powers or authority conferred on the Board, except for hearings conducted pursuant to this title, in which case, 2 members of the Board shall constitute a quorum and a sufficient panel to decide such hearings. Any disagreement involving a procedural issue arising before or after a hearing may be decided by 1 member of the Board.

(d) The Board, any Board panel or any Board member empowered to decide any matter pursuant to Part II of this title shall act in conformity with applicable provisions of the Administrative Procedures Act set forth in Chapter 101 of Title 29, including, but not limited to, § 10129 of Title 29. Lawyers representing clients before the Board shall act in conformity with applicable provisions of the Delaware Lawyers’ Rules of Professional Conduct, including, but not limited to, Rule 3.5 thereof. Disputes regarding prehearing or posthearing matters shall be presented by written motion and decided by written order.

(e) The Governor shall appoint the Board’s Chairperson from among the Board’s members and the Chairperson shall serve at the Governor’s pleasure in such capacity.

(f) The Administrator of the office of Workers’ Compensation shall perform all the administrative duties of the Board, including, but not limited to, scheduling the docket, maintaining the Board’s records and providing the liaison between the public and the Board members. The Department may employ such clerical and other staff as it deems necessary.

(g) The Board shall have a seal for authentication of its orders, awards and proceedings, upon which shall be inscribed the words — “Industrial Accident Board — Delaware — Seal.”

(h) The Governor may, at any time, after notice and hearing, remove any Board member for gross inefficiency, neglect of duty, malfeasance, misfeasance or nonfeasance in office.

(i) The Board shall have jurisdiction over cases arising under Part II of this title and shall hear disputes as to compensation to be paid under Part II of this title. The Board may promulgate its own rules of procedure for carrying out its duties consistent with Part II of this title and the provisions of the Administrative Procedures Act [§ 10101 et seq. of Title 29]. Such rules shall be for the purpose of securing the just, speedy and inexpensive determination of every petition pursuant to Part II of this title. The rules shall not abridge, enlarge or modify any substantive right of any party and they shall preserve the rights of parties as declared by Part II of this title.
19 Del. C. § 1614 — Delaware Code / Title 19 / Chapter 16 / Subchapter I / Section 1614
§ Â
        1614. Mediation.
Status: in_force

(a) If, after a reasonable period of negotiations over the terms of an agreement or after a reasonable time following certification of an exclusive representative, no agreement has been signed, the parties may voluntarily submit to mediation. If, however, no agreement is reached between the parties by 60 days prior to the expiration date of an existing collective bargaining agreement, or, in the case of a newly-certified exclusive representative, within 60 days after negotiations have commenced, both parties shall immediately notify the Board of the status of negotiations.

(b) If the parties have not voluntarily agreed to enlist the services of a mediator and less than 30 days remain before the expiration date of the existing collective bargaining agreement, or, in the case of a newly-certified exclusive representative, more than 90 days have elapsed since negotiations began, the Board must appoint a mediator if so requested by the public employer or the exclusive bargaining representative. The mediator shall be chosen from a list of qualified persons maintained by the Board, or upon agreement of the parties, from the Federal Mediation and Conciliation Service, and shall be representative of the public.

(c) If the labor dispute has not been settled after a reasonable period of mediation, during which both parties have made a good faith effort to settle their differences, the parties jointly or individually may petition the Board in writing to initiate binding interest arbitration. In lieu of a petition, the mediator may inform the Board that further negotiations between the parties, at that time, are unlikely to be productive and recommend that binding interest arbitration be initiated. The public employer and the exclusive bargaining representative may initiate binding interest arbitration at any time, by mutual agreement.

(d) Any costs involved in retaining a mediator to assist the parties in reaching a negotiated agreement shall be paid by the Board.
19 Del. C. § 3706 — Delaware Code / Title 19 / Chapter 37 / Section 3706
§ Â
        3706. Reduced leave schedule.
Status: in_force

(a) A covered individual may take covered leave on an intermittent or reduced leave schedule in which all of the leave authorized under this chapter is not taken sequentially. Intermittent or reduced leave may be taken only when medically necessary and supported by documentation as required by the certification requirements under § 3702 of this title. Family and medical leave benefits for intermittent or reduced leave schedules must be prorated.

(b) The covered individual shall provide the employer with prior notice of the schedule on which the covered individual will take the covered leave, to the extent practicable. Covered leave taken under this section may not result in a reduction of the total amount of leave to which an employee is entitled beyond the amount of leave actually taken.

(c) Nothing in this section is to be construed to entitle a covered individual to more leave than required under § 3703 of this this title.
19 Del. C. § 1109 — Delaware Code / Title 19 / Chapter 11 / Section 1109
§ Â
        1109. Benefits and wage supplements.
Status: in_force

(a) Any employer who is party to an agreement to pay or provide benefits or wage supplements to any employee shall pay the amount or amounts necessary to provide such benefits or furnish such supplements within 30 days after such payments are required to be made; provided, however, that this section shall not apply to employers subject to Part I of the Interstate Commerce Act [49 U.S.C. § 10101 et seq.].

(b) As used herein, “benefits or wage supplements” means compensation for employment other than wages, including, but not limited to, reimbursement for expenses, health, welfare or retirement benefits, and vacation, separation or holiday pay, but not including disputed amounts of such compensation subject to handling under dispute procedures established by collective bargaining agreements.
19 Del. C. § 741 — Delaware Code / Title 19 / Chapter 7 / Subchapter V / Section 741
§ Â
        741. Statement of purpose.
Status: in_force

The General Assembly finds that the benefits of meaningful work have significance and importance to all working-age individuals, including persons with disabilities, which shall include, but not be limited to, veterans with service-connected disabilities. All persons, including persons with disabilities, have a right to the opportunity for competitive employment. In order to achieve meaningful and competitive employment for persons with disabilities, employment opportunities in fully-integrated work settings shall be the first and priority option explored in the service planning for working-age persons with disabilities.
19 Del. C. § 3724 — Delaware Code / Title 19 / Chapter 37 / Section 3724
§ Â
        3724. Departmental report.
Status: in_force

The Department shall, before July 1, 2029, submit a report to the General Assembly and the Governor on the family and medical leave insurance program. The report shall include information and data on program usage, program efficiency, finances, employee and employer program experience and feedback, program impact on recruitment, retention, cost, operations, worker morale, and productivity, and recommendations for program improvements.
19 Del. C. § 3322 — Delaware Code / Title 19 / Chapter 33 / Subchapter II / Section 3322
§ Â
        3322. Finality of Boardâs decision; duty to exhaust administrative remedies; position of Department in judicial review.
Status: in_force

(a) Any decision of the Unemployment Insurance Appeal Board shall become final 15 days after the date of mailing or other delivery thereof, and judicial review thereof as provided in this subchapter shall be permitted only after any party claiming to be aggrieved thereby has exhausted all administrative remedies as provided by this chapter.

(b) The Department shall be deemed to be a party to any judicial action involving any such decision, and may be represented in any such judicial action by any qualified attorney employed by the Department and designated by it for that purpose or at the Department’s request by the Attorney General.
19 Del. C. § 101 — Delaware Code / Title 19 / Chapter 1 / Section 101
§ Â
        101. Definitions; exclusions.
Status: in_force

(a) As used in this chapter:

(1) “Board” means the Industrial Accident Board.

(2) “Department” means the Department of Labor.

(3) “Employer” includes any person, excepting those provided for in subsection (b) of this section, acting directly or indirectly in the interest of any employer in relation to any employee but shall not include the United States or the State or any political subdivision thereof.

(4) “Person” means an individual, partnership, association, corporation, statutory trust, business trust, legal representative or any organized group of persons.

(5) “Secretary” or “Secretary of Labor” shall mean the Secretary of Labor or the Secretary’s authorized designee, provided, that any such delegation of authority is consistent with Chapter 85 of Title 29.

(b) Persons in the following occupations, and employers of persons engaged in these occupations to the extent thereof, shall not be within the scope of this chapter and are specifically excepted from all the provisions of this chapter: Baby-sitting, domestic help, agriculture, fishing and hunting.
19 Del. C. § 2310 — Delaware Code / Title 19 / Chapter 23 / Subchapter I / Section 2310
§ Â
        2310. Applicability to persons engaged in interstate or foreign commerce.
Status: in_force

This chapter shall not apply to employees injured or killed while engaged in interstate or foreign commerce or to their employers whenever the laws of the United States provide for compensation or for liability for such injury or death.
19 Del. C. § 3720 — Delaware Code / Title 19 / Chapter 37 / Section 3720
§ Â
        3720. Regulations.
Status: in_force

(a) The Department may adopt regulations as the Department deems necessary or appropriate to administer or enforce this chapter. Except as may be otherwise provided by the Department, a regulation adopted under this section takes effect on publication.

(b) The Department of Insurance may adopt regulations with respect to private plans under § 3716 of this title.
19 Del. C. § 1801 — Delaware Code / Title 19 / Chapter 18 / Section 1801
§ Â
        1801. Short title.
Status: in_force

This chapter may be known and cited as the “Volunteer Emergency Responders Job Protection Act.”
19 Del. C. § 1101 — Delaware Code / Title 19 / Chapter 11 / Section 1101
§ Â
        1101. Definitions.
Status: in_force

(a) For purposes of this chapter:

(1) “Check” means a draft drawn on a bank and payable on demand.

(2) “Department” means the Department of Labor.

(3) “Employ” means to suffer or permit to work.

(4) “Employee” means a person suffered or permitted to work by an employer in this State. This chapter does not apply to any of the following:

a. Employees of the United States government.

b. Employees of the State of Delaware or any political subdivision of this State.

c. Independent contractors.

(5) “Employer” means any individual, partnership, association, joint stock company, trust, corporation, the administrator or executor of the estate of a deceased individual, or the receiver, trustee, or successor of any of the same employing a person. This chapter does not apply to employees of the United States government, the State of Delaware or any political subdivision of this State.

(6) “Independent contractor” means as defined in § 3501 of this title. “Independent contractor” includes any of the following:

a. A person licensed by the Department of Insurance under Title 18.

b. A person registered under Chapter 73 of Title 6 as any of the following:

1. A broker-dealer.

2. An agent.

3. An investment adviser.

4. An investment adviser representative.

c. A person designated as an “independent contractor” by the Department through regulations.

(7) “Secretary” or “Secretary of Labor” means the Secretary of the Department of Labor or the Secretary’s authorized designee.

(8) “Wage” means compensation due to an employee by reason of the employee’s employment, payable in legal tender of the United States or check or bank draft convertible into cash on demand at full face value, subject to such deductions, charges, or allowances as may be permitted by the regulations of the Department under this title.

(b) For purposes of this chapter, the officers of a corporation and any agents having the management thereof, who knowingly permit a corporation to violate this chapter are deemed to be the employer of the employees of the corporation.
19 Del. C. § 3130 — Delaware Code / Title 19 / Chapter 31 / Subchapter II / Section 3130
§ Â
        3130. Cooperation with federal agencies.
Status: in_force

In the administration of this part, the Department shall cooperate with the United States Department of Labor to the fullest extent consistent with this part and shall take such action, through the adoption of appropriate rules, regulations, administrative methods and standards, as may be necessary to secure to this State and its citizens all advantages available under the Social Security Act [42 U.S.C. § 301 et seq.] that relate to unemployment compensation, the Federal Unemployment Tax Act [26 U.S.C. § 3301 et seq.], the Wagner-Peyser Act [29 U.S.C. § 49 et seq.] and the Federal-State Extended Unemployment Compensation Act of 1970 [26 U.S.C. § 3304].

In the administration of the provisions in § 3326 of this title, which are enacted to conform with the requirements of the Federal-State Extended Unemployment Compensation Act of 1970, the Department shall take such action as may be necessary to:

(1) Ensure that the provisions are so interpreted and applied as to meet the requirements of such federal act as interpreted by the United States Department of Labor, and

(2) Insure to this State the full reimbursement of the federal share of extended benefits paid under this part that are reimbursable under the federal act.

Upon request therefor the Department shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment the name, address, ordinary occupation and employment status of each recipient of benefits and such recipient’s rights to further benefits under this part.

The Department may make its records relating to the administration of this part available to the Railroad Retirement Board established by act of Congress and may furnish to the Board, at the expense of the Board, such copies thereof as the Board deems necessary for its purposes.

The Department may afford reasonable cooperation with every agency of the United States charged with the administration of any unemployment insurance or compensation law.
19 Del. C. § 723 — Delaware Code / Title 19 / Chapter 7 / Subchapter III / Section 723
§ Â
        723. Reasonable accommodation duties.
Status: in_force

(a) A qualified person with a disability requesting a reasonable accommodation in a good-faith effort to seek an employment opportunity must apprise the employer, employment agency or labor organization of the person’s disability, submit any necessary medical documentation, make suggestions for such possible accommodations as are known to such person with a disability and cooperate in any ensuing discussion and evaluation aimed at determining possible or feasible accommodations.

(b) Once a qualified person with a disability has requested an accommodation, or if a potential accommodation is obvious in the circumstances, an employer, employment agency or labor organization shall investigate whether there are reasonable accommodations that can be made and make reasonable accommodations as defined in § 722(6) of this title. If affirmatively requested in writing by the employer, employment agency or labor organization, the person with a disability may be required to accept the employment opportunity in writing as a precondition to the initiation of such investigation.
19 Del. C. § 3101 — Delaware Code / Title 19 / Chapter 31 / Subchapter I / Section 3101
§ Â
        3101. Composition; appointment; term; qualifications; vacancy.
Status: repealed

(a) The Employment Security Commission of Delaware, renamed the Unemployment Insurance Appeal Board (hereinafter referred to as the “Board”), is continued. It shall consist of 5 members to be appointed by the Governor, each for a term of 6 years. Two members shall reside in New Castle County, 1 of whom shall reside in the City of Wilmington, 1 member shall reside in Kent County, 1 member shall reside in Sussex County and 1 member to serve in an at large position. Appointed members shall include, but not be limited to representatives from labor, the business community and the public.

(b) During the member’s term of membership on the Board, no member shall serve as an officer or committee member of any political party organization and not more than 3 members of the Board shall be members of the same political party.

(c) Any vacancy in the Board occurring during a term shall be filled by appointment by the Governor for the unexpired portion of the term.

(d) Members of the Unemployment Insurance Appeal Board as of June 30, 2012, shall serve out the remaining terms of their appointments as they existed prior to June 30, 2012, and in accordance with the provisions of the statute in existence at the time of their last appointment.

(e) [Repealed.]
19 Del. C. § 1606 — Delaware Code / Title 19 / Chapter 16 / Subchapter I / Section 1606
§ Â
        1606. Public Employment Relations Board.
Status: in_force

The Board, established by § 4006 of Title 14, known as the “Public Employment Relations Board,” shall be empowered to administer this chapter under rules and regulations which it shall adopt and publish.
19 Del. C. § 2303 — Delaware Code / Title 19 / Chapter 23 / Subchapter I / Section 2303
§ Â
        2303. Territorial application of chapter.
Status: in_force

(a) If an employee, while working outside the territorial limits of this State, suffers an injury on account of which the employee, or in the event of the employee’s death the employee’s dependents, would have been entitled to the benefits provided by this chapter had such injury occurred within this State, such employee, or in the event of the employee’s death resulting from such injury the employee’s dependents, shall be entitled to the benefits provided by this chapter, provided that at the time of such injury:

(1) The employee’s employment is principally localized in this State; or

(2) The employee is working under a contract of hire made in this State in employment not principally localized in any state; or

(3) The employee is working under a contract of hire made in this State in employment principally localized in another state whose workers’ compensation law is not applicable to the employee’s employer; or

(4) The employee is working under a contract of hire made in this State for employment outside the United States and Canada.

(b) The payment or award of benefits under the workers’ compensation law of another state, territory, province or foreign nation to an employee or the employee’s dependents otherwise entitled on account of such injury or death to the benefits of this chapter shall not be a bar to a claim for benefits under this chapter, provided that claim under this chapter is filed within 2 years after such injury or death. If compensation is paid or awarded under this chapter:

(1) The medical and related benefits furnished or paid for by the employer under such other workers’ compensation law on account of such injury or death shall be credited against the medical and related benefits to which the employee would have been entitled under this chapter had claim been made solely under this chapter;

(2) The total amount of all income benefits paid or awarded the employee under such other workers’ compensation law shall be credited against the total amount of income benefits which would have been due the employee under this chapter had claim been made solely under this chapter;

(3) The total amount of death benefits paid or awarded under such other workers’ compensation law shall be credited against the total amount of death benefits under this chapter.

(c) If an employee is entitled to the benefits of this chapter by reason of an injury sustained in this State in employment by an employer who is domiciled in another state and who has not secured the payment of compensation as required by this chapter, the employer or the employer’s carrier may file with the Department a certificate, issued by the commission or agency of such other state having jurisdiction over workers’ compensation claims, certifying that such employer has secured the payment of compensation under the workers’ compensation law of such other state and that with respect to said injury such employee is entitled to the benefits provided under such law. In such event:

(1) The filing of such certificate shall constitute an appointment by such employer or the employer’s carrier of the Department as its agent for acceptance of the service of process in any proceeding brought by such employee or the employee’s dependents to enforce the employee’s or dependents’ rights under this chapter on account of such injury;

(2) The Department shall send to such employer or carrier, by certified mail to the address shown on such certificate, a true copy of any notice of claim or other process served on the Director by the employee or the employee’s dependents in any proceeding brought to enforce the employee’s or dependents’ rights under this chapter;

(3) a. If such employer is a qualified self-insurer under the workers’ compensation law of such other state, such employer shall, upon submission of evidence, satisfactory to the Department, of its ability to meet its liability to such employee under this chapter, be deemed to be a qualified self-insurer under this chapter;

b. If such employer’s liability under the workers’ compensation law of such other state is insured, such employer’s carrier, as to such employee or the employee’s dependents only, shall be deemed to be an insurer authorized to write insurance under and be subject to this chapter; provided, however, that unless its contract with said employer requires it to pay an amount equivalent to the compensation benefits provided by this chapter, its liability for income benefits or medical and related benefits shall not exceed the amounts of such benefits for which such insurer would have been liable under the workers’ compensation law of such other state;

(4) If the total amount for which such employer’s insurance is liable under paragraph (c)(3) of this section is less than the total of the compensation benefits to which such employee is entitled under this chapter, the Department may, if it deems it necessary, require the employer to file security, satisfactory to the Department, to secure the payment of benefits due such employee or the employee’s dependents under this chapter; and

(5) Upon compliance with the preceding requirements of this subsection, such employer, as to such employee only, shall be deemed to have secured the payment of compensation under this chapter.

(d) As used in this section:

(1) “United States” includes only the states of the United States and the District of Columbia.

(2) “State” includes any state of the United States, the District of Columbia, or any province of Canada.

(3) “Carrier” includes any insurance company licensed to write workers’ compensation insurance in any state of the United States or any state or provincial fund which insures employers against their liabilities under a workers’ compensation law.

(4) A person’s employment is principally localized in this or another state when:

a. A person’s employer has a place of business in this or such other state and the person regularly works at or from such place of business; or

b. If paragraph (d)(4)a. of this section is not applicable, the person is domiciled and spends a substantial part of the person’s working time in the service of the person’s employer in this or such other state.

(5) Any employee whose duties require the employee to travel regularly in the service of the employee’s employer in this and 1 or more other states may, by written agreement with the employee’s employer, provide that the employee’s employment is principally localized in this or another such state, and, unless such other state refuses jurisdiction, such agreement shall be given effect under this chapter.

(6) “Workers’ Compensation Law” includes “Occupational Disease Law.”
19 Del. C. § 2348A — Delaware Code / Title 19 / Chapter 23 / Subchapter III / Section 2348A
§ Â
        2348A. Mediation.
Status: in_force

(a) At any time prior to 30 days after the pretrial conference, either party may request mediation. The mediator shall be selected from a list of 3 hearing officers provided by the Department of Labor, and each party may strike 1 hearing officer from the list of potential mediators. The hearing officer serving as the mediator for a claim shall not be the hearing officer assigned to a later hearing on the claim mediated. Mediation shall be conducted within 30 days of the request.

(b) Any mediation under this section shall be nonbinding. No transcription or other verbatim record of the proceedings shall be kept, and no testimonial evidence shall be given. Medical records or other documentary evidence may be considered, at the mediator’s discretion, if it will assist the mediation process.

(c) If the parties involved in the mediation conference reach a settlement as to all or any part of the then-pending issues, the agreement shall be reduced to writing and signed by the parties, the parties’ counsel, and the mediator. A signed mediation agreement shall be binding on the parties thereto as to those issues on which there is agreement, except that any such agreement shall be subject to review in accordance with § 2347 of this title.

(d) In any hearing before the Board, no evidence shall be permitted regarding the mediation, including evidence regarding any statements or positions taken by any party in the context of the mediation. The Board may admit into evidence any signed mediation agreement, if relevant to any pending issue.
19 Del. C. § 3365 — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3365
§ Â
        3365. Adjustments and refunds.
Status: in_force

(a) If not later than 4 years after the date on which any assessments became due an employer who has paid such assessments makes application for an adjustment thereof in connection with subsequent assessment payments or for a refund thereof because such adjustment cannot be made and the Department determines that such assessments or any portion thereof was erroneously collected, the Department shall allow such employer to make an adjustment thereof in connection with subsequent assessment payments by the employer, or, if such adjustment cannot be made, the Department shall refund the amount from the Fund except that refunds of the additional emergency assessment required under § 3391 of this title shall be from the Special Administration Fund of the Department of Labor. For like cause and within the same period, adjustment or refund may be so made on the Department’s own initiative.

(b) If not later than 4 years after the date of payment of any amount of interest or penalty an employing unit which has made such payment determines that it was made erroneously, it may request to have any subsequent amount of interest and penalties which has been or might be assessed against the employing unit adjusted by the amount of the erroneous payment, or, if it appears that such adjustment would not be feasible within a reasonable time, it may request a refund of the erroneous payment. If, upon receipt of such a request, the Department determines that the payment of interest or penalties, or any portion thereof, was erroneous, it shall allow such employing unit to make an adjustment in an amount equal to that erroneously paid, without interest, in connection with any subsequent interest or penalty payment which may be due, or if such adjustment cannot be made, the Department shall refund the amount, without interest, from the Special Administration Fund of the Department of Labor or from the interest and penalty moneys in the clearing account in the Unemployment Compensation Fund. For like cause, within the same period and subject to the same conditions, adjustment or refund of interest or penalty may be so made on the Department’s own initiative.
19 Del. C. § 3391 — Delaware Code / Title 19 / Chapter 33 / Subchapter VI / Section 3391
§ Â
        3391. Payment of interest on federal loans.
Status: in_force

(a) In addition to all other assessments due under this chapter if, in any calendar year, the Department has an outstanding balance of interest accrued on advances from the federal government for the payment of benefits, or is projected to have an outstanding balance of accruing interest, such interest cost shall be assessed against each employer subject to experience rating. This assessment shall not apply to any governmental entity or instrumentality nor to those nonprofit organizations that are reimbursable.

(b) The assessment shall be at a rate determined by dividing the interest described in subsection (a) of this section by 95 percent of the total taxable wages paid by all Delaware employers in the preceding calendar year. The percent resulting from this calculation shall contain 4 significant figures. Each employer’s assessment shall be the product obtained by multiplying such employer’s total taxable wages for the preceding calendar year by the rate specified in this subsection.

(c) Each employer shall be notified of the amount due under this section by June 30 of each year and such amount shall be considered delinquent 30 days thereafter. Interest shall accrue on all unpaid assessments under this section at the same rate as on regular assessments as prescribed in § 3357 of this title and shall be collectible in the same manner. The assessment shall not affect the computation of regular assessments under this chapter.

(d) All amounts collected under this section shall be deposited in the Special Administration Fund of the Department of Labor.
19 Del. C. § 3714 — Delaware Code / Title 19 / Chapter 37 / Section 3714
§ Â
        3714. Federal and state income tax.
Status: in_force

The employer or an approved private plan under § 3716 of this title shall advise a covered individual filing a new claim for family and medical leave benefits, at the time of filing the claim, of all of the following:

(1) Family and medical leave benefits may be subject to federal and state income taxes.

(2) Requirements exist pertaining to federal and state estimated tax payments on family and medical leave benefits.

(3) Under regulations established by the Secretary, applicable taxes will be deducted and withheld from the covered individual’s payment of family and medical leave benefits.
19 Del. C. § 703 — Delaware Code / Title 19 / Chapter 7 / Subchapter I / Section 703
§ Â
        703. Employment of strike breakers.
Status: in_force

(a) It shall be unlawful for any person, firm or corporation, not directly involved in a labor strike or lockout, to recruit any person or persons for employment or to secure or offer to secure for any person or persons any employment, when the purpose of such recruiting, securing or offering to secure employment is to have such persons take the place in employment of employees in an industry where a labor strike or a lockout involving a recognized labor organization exists; provided, that this section shall not apply to the Delaware State Employment Service or the United States Employment Service or to any person, firm or corporation engaged in the production, handling or the processing of agricultural commodities.

(b) Whoever violates this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. A civil penalty claim may be filed in any court of competent jurisdiction.

(c) No person, firm or corporation recruiting persons for employment shall be subject to the penalties imposed by this section, unless the labor organization involved in said labor strike or lockout gives actual notice to said person, firm or corporation of the existence of said labor strike or lockout.
19 Del. C. § 805 — Delaware Code / Title 19 / Chapter 8 / Section 805
§ Â
        805. Employeeâs right to certain inventions.
Status: in_force

Any provision in an employment agreement which provides that the employee shall assign or offer to assign any of the employee’s rights in an invention to the employee’s employer shall not apply to an invention that the employee developed entirely on the employee’s own time without using the employer’s equipment, supplies, facility or trade secret information, except for those inventions that:

(1) Relate to the employer’s business or actual or demonstrably anticipated research or development; or

(2) Result from any work performed by the employee for the employer.

To the extent a provision in an employment agreement purports to apply to the type of invention described, it is against the public policy of this State and is unenforceable. An employer may not require a provision of an employment agreement made unenforceable under this section as a condition of employment or continued employment.
19 Del. C. § 2341 — Delaware Code / Title 19 / Chapter 23 / Subchapter III / Section 2341
§ Â
        2341. Notice of injury; time of; and failure to give.
Status: in_force

Unless the employer has actual knowledge of the occurrence of the injury or unless the employee, or someone on the employee’s behalf, or some of the dependents, or someone on their behalf, gives notice thereof to the employer within 90 days after the accident, no compensation shall be due until such notice is given or knowledge obtained.
19 Del. C. § 3401 — Delaware Code / Title 19 / Chapter 34 / Section 3401
§ Â
        3401. Determination and collection of special assessment.
Status: in_force

(a) In addition to all other payments to the State due under this title, each employer liable for assessments under Chapter 33 of this title shall also be liable for a special assessment on all taxable wages as defined in § 3302(28) of this title payable by each such employer. The special assessment shall be levied at the rate indicated below:

(1) .085% when the taxable wage base is $18,500;

(2) .095% when the taxable wage base is $16,500;

(3) .11% when the taxable wage base is $14,500;

(4) .126% when the taxable wage base is $12,500; and

(5) .15% when the taxable wage base is $10,500.

(b) The special assessment levied under this section shall not affect the computation of any other assessments due under this title.
19 Del. C. § 734 — Delaware Code / Title 19 / Chapter 7 / Subchapter IV / Section 734
§ Â
        734. Removal or correction of information; employeeâs explanatory statement.
Status: in_force

If upon inspection of the employee’s personnel file an employee disagrees with any of the information contained in such file or records, removal or correction of such information may be agreed upon by such employee and the employee’s employer. If such employee and employer cannot agree upon such removal or correction then such employee may submit a written statement explaining the employee’s position. Such statement shall be maintained as part of such employee’s personnel file or medical records and shall accompany any transmittal or disclosure from such file or records made to a third party.
19 Del. C. § 2344 — Delaware Code / Title 19 / Chapter 23 / Subchapter III / Section 2344
§ Â
        2344. Agreements on compensation or benefits; filing and approval; conclusiveness.
Status: in_force

(a) If the employer and the injured employee, or the employee’s dependents in case of the employee’s death, reach an agreement in regard to compensation or other benefits in accordance with this chapter, a memorandum of such agreement signed by the parties in interest shall be filed with the Department and, if approved by it, shall be final and binding unless modified as provided in § 2347 of this title. Such agreement shall be approved by the Department only when the terms thereof conform to this chapter. This section shall not apply to deductible clauses.

(b) (1) At the time of agreement, the employer shall obtain from the employee an agreement as to compensation, signed by the parties in interest, in such detail and form as the Department prescribes, stating the eligibility for workers’ compensation benefits pursuant to §§ 2324 and 2325 of this title. The agreement as to compensation shall require the employee to indicate any change in employment status which may affect benefits pursuant to §§ 2324 and 2325 of this title. The agreement as to compensation shall include a clear recitation of the legal requirements for eligibility for benefits and shall require the claimant’s acknowledgment of and agreement to abide by such requirements. This form, which shall bear a notarized signature of the employee or the signature of a witness, shall accompany the agreement and shall be filed with the Department of Labor for approval.

(2) An insurance carrier or self-insured may pay total or partial disability to claimants under this chapter by check or with mutual consent by direct deposit. Claimants may opt in to authorize payment by direct deposit by electronically signing and dating an electronic authorization form or by physically signing and dating a printed authorization form. The insurance carrier or self-insured shall cause to be printed upon the reverse side of the check, above the endorsement, or upon the form authorizing the direct deposit the following language:

“Your acceptance of total or partial disability payments is a representation by you that you are legally entitled to such payment and a false representation is punishable under federal and state laws.”

The negotiation of a check for total or partial disability by an attorney or an agent of the attorney on behalf of a client is a representation that the attorney has printed the language set forth in this subsection for printing on claimant checks on checks distributed by the attorney to the attorney’s clients. Direct deposit authorization forms must be dated and signed by the claimant. The provisions of this subsection are also applicable to payments made by the Workers’ Compensation Fund pursuant to § 2347 of this title.

(3) Any person who makes a false statement or misrepresentation with regard to that person’s eligibility for workers’ compensation benefits, or any attorney who makes a false representation pursuant to paragraph (b)(2) of this section is punishable pursuant to Chapter 24 of Title 18 and/or § 913 of Title 11.

(4) If the Department or Board has reason to believe that any person is committing or has committed an act of insurance fraud, the Department or Board shall notify the Fraud Prevention Bureau of the Delaware Insurance Department, which shall review the facts and circumstances of the alleged fraud in order to determine whether administrative, civil, or other proceedings are appropriate, in accordance with Chapter 24 of Title 18.

(5) The provisions of this section shall also apply to workers’ compensation payments made pursuant to §§ 2327 and 2347 of this title.
19 Del. C. § 3507 — Delaware Code / Title 19 / Chapter 35 / Section 3507
§ Â
        3507. Department collaboration with other state agencies.
Status: in_force

As authorized by state and federal law, divisions within the Department, the Division of Unemployment Insurance, the Office of Workers’ Compensation, the Department of Insurance, the Office of the Attorney General, the Division of Revenue and other departments, agencies, or divisions of the State shall cooperate and share information concerning any suspected failure to properly classify an individual as an employee.
19 Del. C. § 1613 — Delaware Code / Title 19 / Chapter 16 / Subchapter I / Section 1613
§ Â
        1613. Collective bargaining agreements.
Status: in_force

(a) Collective bargaining shall commence at least 90 days prior to the expiration date of any current collective bargaining agreement or, in the case of a newly-certified exclusive representative, within a reasonable time after certification.

(b) Negotiating sessions, including strategy meetings of public employers, mediation and the deliberative process of binding interest arbitrators shall be exempt from Chapter 100 of Title 29. Hearings conducted by binding interest arbitrators shall be open to the public.

(c) The public employer and the exclusive bargaining representatives shall negotiate written grievance procedures by means of which bargaining unit employees, through their collective bargaining representatives, may appeal the interpretation or application of any term or terms of an existing collective bargaining agreement; such grievance procedures shall be included in any agreement entered into between the public employer and the exclusive bargaining representative.

(d) Any contract or agreement reached between a public employer and any exclusive representative shall be for a minimum period of 2 years from the effective date of such contract or agreement, unless otherwise mutually agreed upon by the public employer and the exclusive representative.

(e) No collective bargaining agreement shall be valid or enforceable if its implementation would be inconsistent with any statutory limitation on the public employer’s funds, spending or budget, or would otherwise be contrary to law.

(f) Public employers shall file with the Board a copy of any agreements that have been negotiated with employee representatives following the consummation of negotiations. The Board shall maintain a current file of all such agreements.
19 Del. C. § 3505 — Delaware Code / Title 19 / Chapter 35 / Section 3505
§ Â
        3505. Penalties.
Status: in_force

(a) Any employer who violates or fails to comply with § 3503 of this title or any regulation published thereunder is in violation of § 3503 of this title, and is subject to a civil penalty of not less than $5,000, and not more than $20,000, for each violation. Each employee who is not properly classified in violation of § 3503 of this title is a separate violation under this section.

(b) An employer that fails to produce to the Department the books and records requested pursuant to § 3504(c) of this title within 30 days of the employer’s receipt of a written request sent to the employer via federal express or certified mail from the Department, in the course of an investigation to determine whether the employer is in compliance with the provisions of this chapter, may be subject to a stop work order, and may be subject to an administrative penalty, not to exceed $500 per day, for each day that the requested records are not produced after the date on which the employer receives the written request from the Department.

(c) An employer who discharges or in any manner discriminates against a person because that person has made a complaint or has given information to the Department under this chapter, or because the person has caused to be instituted or is about to cause to be instituted any proceedings under this chapter, or has testified or is about to testify in any such proceedings, is subject to a civil penalty of not less than $20,000, and not more than $50,000, for each violation.

(d) A person who knowingly incorporates or forms, or assists in the incorporation or formation of, a corporation, partnership, limited liability corporation, or other entity, or pay or collect a fee for use of a foreign or domestic corporation, partnership, limited liability corporation, or other entity for the purpose of facilitating, or evading detection of, a violation of this chapter, shall be subject to a civil penalty not to exceed $20,000.

(e) A person who knowingly conspires with, aids and abets, assists, advises, or facilitates an employer with the intent of violating this chapter shall be subject to a civil penalty not to exceed $20,000.

(f) In addition to the penalties and procedures enumerated in subsections (a) through (e) of this section, an employer may be subject to a stop-work order, and may be ordered to make restitution, pay any interest due and otherwise comply with all applicable laws and regulations by multiple final determinations of the Department or orders of a courts, including but not limited to, the Division of Unemployment Insurance, the Department of Insurance, the Office of Workers’ Compensation, the Division of Revenue, the Office of the Attorney General, or any other agency, department or division of the State.

(g) Notwithstanding subsections (a) through (e) of this section, an employer found by any court or the Department to be in violation of this chapter shall be required, within 30 days of the final order:

(1) To pay restitution to or on behalf of any individual not properly classified; and

(2) To otherwise come into compliance with all applicable labor laws, including those related to income tax withholding, unemployment insurance, wage laws, and workers’ compensation.

(h) Notwithstanding subsections (a) through (e) of this section, an employer who has been found by a final order of a court or the Department to have violated this chapter twice in a 2-year period:

(1) Shall be assessed an administrative penalty of $20,000 for each employee that was not properly classified, and may be debarred for 5 years; and

(2) Notwithstanding paragraph (h)(1) of this section, an employer that is fined or debarred in accordance with this section may be ordered to make restitution, pay any interest due, and otherwise comply with all applicable laws and regulations by orders of a court and all relevant departments, agencies and divisions, including the Division of Unemployment Insurance, the Department of Insurance, the Office of Workers’ Compensation, the Division of Revenue, and the Office of the Attorney General.

(i) Any penalty issued under this section against an employer shall be in effect against any successor corporation or business entity that:

(1) Has 1 or more of the same principals or officers as the employer against whom the penalty was assessed; and

(2) Is engaged in the same or equivalent trade or activity, with the intent to violate 1 or more of the provisions of this chapter.

(j) (1) A general contractor is jointly and severally liable for a subcontractor’s penalties and restitution under this section.

(2) A general contractor’s liability for a subcontractor’s penalties under paragraph (j)(1) of this section does not include debarment under paragraph (h)(1) of this section.
19 Del. C. § 903 — Delaware Code / Title 19 / Chapter 9 / Section 903
§ Â
        903. Powers of the Department.
Status: in_force

(a) The Department shall administer and enforce this chapter.

(b) Upon ex parte application of the Department showing reasonable ground to believe that this chapter or any regulation published thereunder has been or is being violated, the Superior Court shall enter an order permitting the Department to:

(1) Enter and inspect, after 1 day’s notice to the employer, the premises or place of business or employment and upon demand examine and copy wholly or partly any or all books, registers, payrolls and other records that in any way relate to or have a bearing upon the question of wages, hours and other conditions of employment of any employee, including those required to be made, kept and preserved under this chapter or any regulation published thereunder;

(2) Question any employer, employee or other person in the premises or place of business or employment;

(3) Require from any employer full and correct statements in writing, including sworn statements, upon forms prescribed or approved by the Department, with respect to the payment of wages, hours, names, addresses and such other information pertaining to employees as the Department may deem necessary or appropriate;

(4) Investigate such facts, conditions or matters as the Department may deem necessary or appropriate to determine whether this chapter or any regulation published thereunder has been or is being violated;

(5) Hold hearings, administer oaths and examine witnesses under oath, issue subpoenas, compel the attendance of witnesses and the production of papers, books, accounts, records, payrolls, documents and testimony and to take depositions and affidavits in any proceeding before it, and, in case of failure of any person to comply with any subpoena lawfully issued or on the refusal of any witness to testify to any matters regarding which the witness may be lawfully interrogated, the Superior Court, on application by the Department, shall compel obedience as in the case of disobedience of the requirements of a subpoena issued from such Court or a refusal to testify therein.

(c) The Department may institute actions in the Superior Court for penalties for any violation of this chapter or any regulation published thereunder.

(d) Nothing contained in this chapter shall be deemed a limitation on any power or authority of the Department under any other law of this State which may be otherwise applicable to administer or enforce this chapter.
19 Del. C. § 3608 — Delaware Code / Title 19 / Chapter 36 / Section 3608
§ Â
        3608. Appeals.
Status: in_force

(a) Following an investigation in which the Department makes an initial determination that a contractor has violated 1 or more provisions of this chapter, the Department may make a decision to do 1 or more of the following:

(1) Deny, suspend, or revoke a certificate of registration.

(2) Require the posting of a surety bond.

(3) Impose an administrative penalty.

(b) The Department shall notify the contractor, in writing, of a decision to take an action taken under subsection (a) of this section which must comply with § 10122 of Title 29 and include all of the following:

(1) The action to be taken.

(2) The grounds upon which the determination was made to take the action.

(3) Instructions to request a hearing under § 102 of this title.

(c) (1) A request for a hearing must be made in writing, addressed to the Secretary, and made within 10 business days from the date of receipt of the notice under subsection (b) of this section.

(2) If a hearing is not requested under paragraph (c)(1) of this section, the determination made by the Department under subsection (a) of this section is final.

(d) The Office of Contractor Registration shall review a request for hearing under paragraph (c)(1) of this section to determine if the dispute can be resolved at an informal settlement conference. If the Office of Contractor Registration holds an informal settlement conference and a settlement is not reached, the Office of Contractor Registration shall forward the hearing request to the Secretary to schedule a hearing.

(e) The Secretary shall issue a final case decision at the conclusion of a hearing held under this section as required under Chapter 101 of Title 29.

(f) A contractor may seek judicial review of the Secretary’s final case decision by commencing an action in Superior Court, within 30 days of the date of the final decision under subsection (e) of this section.

(g) When a determination to suspend or revoke a certificate of registration is final, the holder of a certificate of registration shall surrender the certificate of registration within 20 days of the later of the date of the notice under subsection (b) of this section or the final decision under subsection (d) of this section by sending the certificate of registration to the Secretary by certified mail.

(h) If a contractor’s application for a certificate of registration is denied or a contractor’s certificate of registration is suspended or revoked, the contractor cannot perform work for which a bid has been submitted and which is under review.
19 Del. C. § 2312 — Delaware Code / Title 19 / Chapter 23 / Subchapter I / Section 2312
§ Â
        2312. Volunteer firefighters treated as State employees; election by volunteer fire companies; revocation; wage as basis for compensation.
Status: in_force

(a) For the purposes of this chapter, volunteer firefighters shall be treated as State employees so long as the State elects to be covered by the application of this chapter.

(b) If the State elects not to be covered by the application of this chapter, then any duly organized volunteer fire company of the State may elect to be bound by the compensatory provisions of this chapter, provided that the election receives a majority vote of the members of the company at a duly called meeting of the company, and notice of the election is forwarded in writing to the Department. Any volunteer fire company which elects to be bound by the compensatory provisions of this chapter may, subsequent to the election, revoke the election provided the revocation receives a majority vote of the members of the company at a duly called meeting of the company and notice of the revocation is forwarded in writing to the Department.

(c) The wage of volunteer firefighters on which compensation is based shall be the wage received in the regular employment of such firefighters.

(d) For the purpose of this section, “volunteer fire company” and “volunteer firefighters” shall also include junior members, Auxiliary members, paid employees of volunteer fire companies, volunteer ambulance companies of this State, volunteer ambulance company members, paid employees of volunteer ambulance companies and members of the University of Delaware Emergency Care Unit.
19 Del. C. § 3350A — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3350A
§ Â
        3350A. Variations from new employer; computation of earned rate of assessments (2027 and after).
Status: in_force

(a) This section applies to the assignment of assessment rates for assessment rate year 2027 and each assessment rate year thereafter.

(b) An employer is subject to the earned rate of assessments set forth in this section for an assessment rate year once the employer has submitted assessment reports to the Department in 12 or more consecutive quarters ending June 30 of the prior assessment rate year.

(c) The Department shall calculate the earned rate of assessments for rated employers for an assessment rate year on or before December 31 of the prior assessment rate year. The Department shall mail, or send by other means of delivery, written notice to each rated employer of the earned rate of assessments assigned to that rated employer for the next assessment rate year on or before December 31 of the prior assessment rate year.

(d) The Department shall calculate the earned rate of assessments for each rated employer by adding together the following:

(1) The benefit ratio assessment rate set forth in § 3350D of this title.

(2) The industry assessment rate set forth in § 3350E of this title.

(3) The employer size assessment rate set forth in § 3350F of this title.

(e) Each rated employer shall pay an assessment, pursuant to § 3345(a) of this title, in an amount equal to the product of the earned rate of assessments times taxable wages paid by the rated employer during any calendar quarter, except as may be otherwise prescribed in this chapter.

(f) All rated employers shall also pay the operations and technology assessment rate set forth in § 3350B of this title.

(g) Notwithstanding any other provisions in this chapter, the Department shall assign a rated employer who is a delinquent employer a delinquency assessment rate for the assessment rate year and any subsequent assessment rate year in which the delinquency remains, subject to the following:

(1) The Department shall have the authority, in its sole discretion, to waive the delinquency assessment rate for good cause shown by an employer.

(2) The Department shall have the authority, in its sole discretion, to make changes to the delinquency assessment rate of any rated employer to take effect on the date determined by the Department, and to provide assessment credits to any rated employer, as necessary to correct administrative errors or address fraudulent claims charged to rated employers, except with respect to rated employers who are charged the delinquency assessment rate because the employers have not filed any quarterly report required by this chapter with respect to assessments with the Department.
19 Del. C. § 502 — Delaware Code / Title 19 / Chapter 5 / Section 502
§ Â
        502. Definitions.
Status: in_force

As used in this chapter, the following words have the meanings indicated:

(1) “Department” or “Department of Labor” means the Department of Labor of the State.

(2) “Employ,” “employed,” or “employment” means to suffer or permit to work, but does not include:

a. Farm work performed on a farm in a nonhazardous occupation;

b. Domestic work performed in or about a private home;

c. Work performed in a business owned by a parent or one legally standing in the place of a parent in a nonhazardous occupation;

d. Work performed by nonpaid volunteers in a charitable or non-profit organization with the written consent of a parent or one legally standing in the place of a parent;

e. Work performed for operations primarily devoted to equine activities with the written consent of a parent or one legally standing in the place of a parent;

f. Caddying on a golf course;

g. Delivery of newspapers to the consumer;

h. Employment of a graduate of an accredited school who is employed in a hazardous occupation in which a course of study has been completed but only to the extent that said hazardous occupation would otherwise be prohibited;

i. Hazardous work performed by nonpaid volunteers of a volunteer fire department or company or volunteer rescue squad who have completed or are taking a course of study relating to firefighting or rescue and who are 14 years of age or older; or

j. Any child over the age of 14 years who may be employed, permitted or suffered to work in any nonhazardous occupation in any facility used for the purpose of canning or preserving, or preparation for canning or preserving, perishable fruits and vegetables.

With respect to paragraphs (2)i. and j. of this section, the burden of proving a child’s age to be 14 years or over shall be on the employer, who shall be required by the Department of Labor to present documentary proof of the child’s age;

(3) “Hazardous occupation” means an occupation declared to be dangerous by this chapter, by the Secretary of Labor of the State or by the Secretary of Labor of the United States pursuant to the provisions of the Fair Labor Standards Act [29 U.S.C. § 201 et seq.]; and

(4) “Minor” means a person under the age of 18 years;

(5) “Secretary” means the Secretary of Labor for the State or the Secretary’s authorized representative.
19 Del. C. § 3350F — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3350F
§ Â
        3350F. Employer size assessment rate.
Status: in_force

(a) Beginning in 2026, no later than December 31, the Department shall calculate the amount of the employer size assessment rate to be assigned to each rated employer for the following assessment rate year, as set forth in this section.

(b) For purposes of this section, the following definitions shall apply:

(1) “Statewide average annual wage” means the figure published by the U.S. Bureau of Labor Statistics in the Quarterly Census of Employment and Wages report as the average weekly wage for Delaware, as of the June 30 of the year prior to the assessment rate year, multiplied times 52.

(2) “Average annual wages” means the calculation set forth in subsection (c) of this section for each rated employer.

(c) The Division shall divide the amount of covered wages of each rated employer in the 12 consecutive quarters ending June 30 in the year prior to the assessment rate year by 4 to calculate the annual average wages for each rated employer.

(d) The Department shall place rated employers into 1 of 3 categories based on the following:

(1) Category 1 will contain rated employers with average annual wages that are less than or equal to 2.5 times the statewide average annual wage.

(2) Category 2 will contain rated employers with average annual wages that are greater than 2.5 times the statewide average annual wage and less than or equal to 15 times the statewide average annual wage.

(3) Category 3 will contain rated employers with average annual wages that are greater than 15 times the statewide average annual wage.

(e) Rated employers placed in each category shall be assigned an employer size assessment rate as follows:

(1) Employers in Category 1 will be assigned an employer size assessment rate of 0.00%.

(2) Employers in Category 2 will be assigned an employer size assessment rate of 0.25%.

(3) Employers in Category 3 will be assigned an employer size assessment rate of 0.35%.
19 Del. C. § 3319 — Delaware Code / Title 19 / Chapter 33 / Subchapter II / Section 3319
§ Â
        3319. Appointment, organization, disqualification and compensation of appeal tribunals.
Status: in_force

To hear and decide disputed claims, protests under § 3368(e) of this title, disputed overpayments and overpayment waivers under § 3325 of this title, and hearings under § 3369 of this title, the Department shall appoint 1 or more impartial appeal tribunals consisting in each case of either a salaried examiner, to be known as a referee, or a body consisting of 3 members, 1 of whom shall be a referee who shall serve as chairperson, 1 of whom shall be a representative of employers and the other of whom shall be a representative of employees. Each of the latter 2 members shall serve at the pleasure of the Department and be paid a fee of not more than $10 per day of active service on such tribunal plus necessary expenses. No person shall participate on behalf of the Department in any case in which that person is an interested party. The Department may designate alternates to serve in the absence or disqualification of any member of an appeal tribunal. The chairperson shall act alone in the absence or disqualification of any other member and that member’s alternates. In no case shall the hearing proceed unless the chairperson of the appeal tribunal is present.
19 Del. C. § 2386 — Delaware Code / Title 19 / Chapter 23 / Subchapter IV / Section 2386
§ Â
        2386. Violations by insurers or self-insurers; penalties.
Status: in_force

(a) If any insurance corporation, mutual association or company, interinsurance exchange, or self-insurer does any of the following, it shall be fined not less than $100 nor more than $1,000 for each such offense:

(1) Violates this chapter.

(2) Neglects or refuses to comply with this chapter.

(3) Wilfully makes any false or fraudulent statement of its business or condition or a false or fraudulent return.

(b) Whoever in this State does any of the following shall be fined not less than $100 nor more than $1,000 or imprisoned for not more than 90 days, or both.

(1) Acts or assumes to act as an agent in any capacity whatsoever for any insurance corporation, mutual association or company or interinsurance exchange, which is not authorized to do business in this State, or, if such authority to do business in this State has been suspended, so acts or assumes to act while such suspension is in force.

(2) Neglects or refuses to comply with any obligatory provisions of this section.

(3) Wilfully makes any false or fraudulent statement of the business or condition of any such insurance carrier or false or fraudulent return.

(c) Fines shall be assessed by the Industrial Accident Board after the insurance corporation, mutual association or company, interinsurance exchange, or self-insurer is given notice and a hearing on the violation. Fines shall be payable to the “State of Delaware” and mailed to the Department of Labor, Division of Industrial Affairs.
19 Del. C. § 1704 — Delaware Code / Title 19 / Chapter 17 / Section 1704
§ Â
        1704. Relief and damages.
Status: in_force

(a) A person who alleges a violation of this chapter may bring a civil action for appropriate declaratory relief, or actual damages, or both within 3 years after the occurrence of the alleged violation of this chapter.

(b) An action commenced pursuant to subsection (a) of this section may be brought in Superior Court in the county where the alleged violation occurred, the county where the complainant resides, or the county where the person against whom the civil complaint is filed resides or has their principal place of business.

(c) As used in subsection (a) of this section, “damages” means damages for injury or loss caused by each violation of this chapter.

(d) A court, in rendering a judgment in an action brought under this chapter, shall order, as the court considers appropriate, reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, expungement of records relating to the disciplinary action or discharge, actual damages, or any combination of these remedies. A court may also award, as part of a judgment in an action brought under this chapter, all or a portion of the costs of litigation, including attorneys’ fees, if the court determines that such an award is appropriate.
19 Del. C. § 718 — Delaware Code / Title 19 / Chapter 7 / Subchapter II / Section 718
§ Â
        718. Short title, effective date, savings clause.
Status: in_force

(a) This subchapter may be cited as the “Discrimination in Employment Act.”

(b) This subchapter shall become effective September 10, 2004.

(c) This subchapter does not affect any cause of action or the remedy provided therefor if such cause of action accrued and suit was instituted thereon prior to September 10, 2004.
19 Del. C. § 3609 — Delaware Code / Title 19 / Chapter 36 / Section 3609
§ Â
        3609. Penalties.
Status: in_force

(a) A knowing violation of this chapter is subject to a civil penalty of not less than $5,000 and not more than $85,000 per violation.

(b) A violation that is not a knowing violation may be subject to a civil penalty of not more than $1,000 per violation.
19 Del. C. § 2333 — Delaware Code / Title 19 / Chapter 23 / Subchapter II / Section 2333
§ Â
        2333. Compensation of nonresident alien dependents; representation by consular officers.
Status: in_force

(a) Compensation under this chapter to alien dependent surviving spouses and children not residents of the United States shall be 1/2 of the amount provided in each case for residents, and the employer may at any time commute all future installments of compensation payable to alien dependents not residents of the United States by paying to such alien dependents the then value thereof, calculated in accordance with § 2358 of this title. Alien parents, siblings not residents of the United States shall not be entitled to any compensation.

(b) Nonresident alien dependents may be officially represented by the consular officers of the nation of which such alien or aliens may be citizens or subjects and in such cases the consular officers may receive for distribution to such nonresident alien dependents all compensation awarded hereunder and the receipt of such consular officers shall be a full discharge of all sums paid to and received by them.
19 Del. C. § 1317 — Delaware Code / Title 19 / Chapter 13 / Section 1317
§ Â
        1317. Injunctions.
Status: in_force

(a) Chancery Court is vested with the authority to hear and determine all actions alleging violations of § 1316 of this title. Suits to enjoin violations of § 1316 of this title will have priority over all matters on the Court’s docket except other emergency matters.

(b) Where it appears that any public employee, group of employees, employee organizations or any officer or agent thereof, threaten or are about to do, or are doing, any act in violation of § 1316 of this title, the public employer may forthwith apply to the Court of Chancery for an injunction against such violation.

(c) If an order of the Court enjoining or restraining a violation of § 1316 of this title does not receive immediate compliance, the public employer shall apply to the Court for appropriate contempt sanctions against any party in violation of such order. Upon a proper showing that any person or organization has failed to comply with such an order, the Court shall, in addition to any other remedy it deems appropriate, fine such violating party an amount on a daily, weekly or monthly basis without limitation as determined by the Court.

(d) In determining an appropriate amount for fines imposed pursuant to subsection (c) of this section, the Court shall consider and receive evidence of:

(1) The extent and value of services lost due to the violation of § 1316 of this title.

(2) Any unfair labor practices committed by either party during the collective bargaining process.

(3) The extent of the wilful defiance or resistance to the Court’s order.

(4) The impact of the strike on the health, safety and welfare of the public.
19 Del. C. § 3317 — Delaware Code / Title 19 / Chapter 33 / Subchapter II / Section 3317
§ Â
        3317. Filing of claim for benefit; regulations of Department; posting [For application of this section, see 79 Del. Laws, c. 82, Ââ2].
Status: in_force

(a) Claims for benefits shall be made in accordance with such regulations as the Department prescribes. Each employer shall post and maintain printed statements of such regulations in places readily accessible to individuals in the employer’s service and shall make available to each such individual at the time the individual becomes unemployed a printed statement of such regulations. Such printed statements shall be supplied by the Department to each employer without cost to the employer.

(b) Whenever an individual files a claim for benefits, the Department shall forward to the employer by whom the claimant was most recently employed, hereafter the “last employer,” or to the last employer’s agent and to each base period employer or to each base period employer’s agent relating to the individual’s claim a separation notice. The last and base period employer(s) or agent(s) of the last and base period employer(s) shall return such notices completed, indicating the reason for the claimant’s separation from work with them and the individual claimant’s last date of work with them, within 15 days of the date contained on the separation notice. Any last or base period employer or any last or base period employer’s agent who fails to timely return a separation notice or who fails to complete a separation notice or responds inadequately (which, for the purposes of this subsection, shall mean providing the Department insufficient information to make a determination of eligibility for the receipt of unemployment insurance benefits) within the period prescribed above shall be barred from claiming subsequently that the individual claimant to whom such separation notice applied shall be disqualified under any provisions of § 3314 of this title and shall be barred from seeking relief from benefit wage charges (prior to January 1, 2027) and benefit charges (January 1, 2027, and after) to its experience merit rating account under §§ 3349 through 3356 of this title unless the Department for reasons found to constitute good cause, shall release such employer or the employer’s agent from the default. If the last or base period employer or the last or base period employer’s agent fails to timely submit a completed separation notice, the Department shall not be required to issue a determination on said claim or to make an examination of said claim or be required to follow the remaining procedures as set forth in §§ 3318 through 3320 of this title.

(c) Upon receipt by the Department of a timely submitted and completed separation notice from the last or base period employer or the last or base period employer’s agent, and if said employer’s or employer agent’s statement on the separation notice does not contest the claimant’s entitlement to benefits by raising a potentially disqualifying issue as the reason for the claimant’s separation or indicates that the claimant was laid off due to lack of work, the employer shall be subject to benefit wage charges (prior to January 1, 2027) and benefit charges (January 1, 2027, and after) to its experience merit rating account in accordance with §§ 3349 through 3356 of this title; and such employer and employer’s agent shall not be entitled to any further appeal or relief of benefit wage charges (prior to January 1, 2027) or benefit charges (January 1, 2027, and after) on the basis of such claim. In such cases, the Department shall not be required to make an examination of said claim or of benefit wage charges (prior to January 1, 2027) or benefit charges (January 1, 2027, and after) to the employer’s experience merit rating account, nor shall the Department be required to issue or send a determination to the last or base period employer or to the last or base period employer’s agent or to the claimant on such claim for benefits, nor shall the Department be required to follow the remaining procedures for determination of such claims as set forth in §§ 3318 through 3320 of this title. In addition, in such cases, benefits shall be paid unless it is later determined by the Division that such claimant is not otherwise qualified or eligible for benefits, but in no event, shall such employer or the employer’s agent be entitled to be a party to such later determination or be entitled to benefit wage charge relief (prior to January 1, 2027) or benefit charge relief (January 1, 2027, and after) on such claim.
19 Del. C. § 2302 — Delaware Code / Title 19 / Chapter 23 / Subchapter I / Section 2302
§ Â
        2302. Wages; definition and computation; valuation of board and lodging.
Status: in_force

(a) “Average weekly wage” means the weekly wage earned by the employee at the time of the employee’s injury at the job in which the employee was injured, including overtime pay, gratuities and regularly paid bonuses (other than an employer’s gratuity or holiday bonuses) but excluding all fringe or other in-kind employment benefits. The term “average weekly wage” shall include the reasonable value of board, rent, housing or lodging received from the employer, which shall be fixed and determined from the facts in each particular case.

(b) The average weekly wage shall be determined by computing the total wages paid to the employee during the 26 weeks immediately preceding the date of injury and dividing by 26, provided that:

(1) If the employee worked less than 26 weeks, but at least 13 weeks, in the employment in which the employee was injured, the average weekly wage shall be based upon the total wage earned by the employee in the employment in which the employee was injured, divided by the total number of weeks actually worked in that employment;

(2) If an employee sustains a compensable injury before completing that employee’s first 13 weeks, the average weekly wage shall be calculated as follows:

a. If the contract was based on hours worked, by determining the number of hours for each week contracted for by the employee multiplied by the employee’s hourly rate;

b. If the contract was based on a weekly wage, by determining the weekly salary contracted for by the employee; or

c. If the contract was based on a monthly salary, by multiplying the monthly salary by 12 and dividing that figure by 52; and

d. If the hourly rate of earnings of the employee cannot be ascertained, or if the pay has not been designated for the work required, the average weekly wage, for the purpose of calculating compensation, shall be taken to be the average weekly wage for similar services performed by other employees in like employment for the past 26 weeks.

(3) In any event, the weekly compensation allowed shall not exceed the maximum or be less than the minimum provided by law.
19 Del. C. § 707 — Delaware Code / Title 19 / Chapter 7 / Subchapter I / Section 707
§ Â
        707. Meal breaks.
Status: in_force

(a) An employer must allow an employee an unpaid meal break of at least 30 consecutive minutes, if the employee works 71/2 or more consecutive hours. The meal break must be given some time after the first 2 hours of work and before the last 2 hours. However, this rule does not apply to any professional employee certified by the State Board of Education and employed by a local school board to work directly with children. Also, it does not apply where there is a collective bargaining agreement or other written employer-employee agreement providing otherwise. Further, the Secretary of Labor shall issue rules for granting exemptions in cases where:

(1) Compliance would adversely affect public safety;

(2) Only 1 employee may perform the duties of a position;

(3) An employer has fewer than 5 employees on a shift at a single place of business (in which case the exemption applies only to that shift); or

(4) The continuous nature of an employer’s operations, such as chemical production or research experiments, requires employees to respond to urgent or unusual conditions at all times and the employees are compensated for their meal break periods.

(b) Any employer who discharges or in any manner discriminates against an employee because that employee has made a complaint or has given information to the Department of Labor pursuant to a violation of this section, or because the employee caused to be instituted or is about to cause to be instituted any proceedings under this section, or has testified or is about to testify in any such proceedings shall be deemed in violation of this section.

(c) Whoever violates this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. Jurisdiction of violations of this subchapter shall be in any court of competent jurisdiction.
19 Del. C. § 706 — Delaware Code / Title 19 / Chapter 7 / Subchapter I / Section 706
§ Â
        706. Continuation of labor contracts despite merger or other business combination.
Status: in_force

(a) Notwithstanding any other provisions of this Code, no merger, consolidation, sale of assets or business combination shall result in the termination or impairment of the provisions of any labor contract covering persons engaged in employment in this State and negotiated by a labor organization or by a collective bargaining agent or other representative. Notwithstanding such merger, consolidation, sale of assets or business combination, such labor contract shall continue in effect until its termination date or until otherwise agreed by the parties to such contract or their legal successors.

(b) For purposes of this section:

(1) “Business combination” includes any merger, consolidation, joint venture, lease, sale, dividend exchange, mortgage, pledge, transfer or other disposition (in 1 transaction or a series of transactions) whether with a subsidiary or otherwise; and

(2) “Employment” shall have the meaning set forth in § 3302(14)(H) and (I) of this title.

(c) In the event that any such employee is denied or fails to receive wages, benefits or wage supplements as a result of a violation of this section, and in addition to injunctive or other relief provided by law, the provisions of Chapter 11 of this title shall be applicable to secure recovery against the merged or consolidated corporation or the resulting corporation, notwithstanding anything contained therein or elsewhere to the contrary. The remedies provided for herein shall be available against any of the parties to such merger, consolidation, sale of assets or business combination.
19 Del. C. § 3607 — Delaware Code / Title 19 / Chapter 36 / Section 3607
§ Â
        3607. Denial, suspension, or revocation of certificate of registration.
Status: repealed

(a) The Department may deny, suspend, or revoke a certificate of registration if the contractor or an officer, partner, director, stockholder, or agent of the contractor does any of the following under this chapter:

(1) Fails to comply with any requirement of this chapter.

(2) Wilfully makes a misstatement or omits a material fact in an application for or renewal of a certificate of registration.

(3) Fails to provide all information, including records, forms, or documents, requested by the Department under this chapter.

(4) Performs work without full compliance with this chapter.

(5) Contracts with or uses a subcontractor who is not registered under this chapter in the completion of a contract.

(6) Fails to cooperate or interferes with an investigation by the Department.

(7) Violates a criminal or civil law or regulation related to the ability of the contractor to comply with the labor laws of this State.

(b) (1) [Repealed.]

(2) a. If a contractor knowingly supplies incomplete or inaccurate information to the Department under this section, the Department may reject the application.

b. If an application is rejected under paragraph (b)(2)a. of this section, the contractor may submit a new application for registration.

c. If a contractor knowingly supplies incomplete or inaccurate information to the Department under this subsection, the contractor is subject to other applicable penalties, including under Chapter 12 of Title 6.

(c) (1) The Secretary shall exercise reasonable discretion in deciding whether to deny, suspend, or revoke a certificate of registration under subsection (a) or (b) of this section.

(2) The Secretary may not revoke or suspend a certificate of registration for longer than 5 years. The Secretary shall consider the following criteria to determine the length of time that a certificate of registration is denied, revoked, or suspended:

a. The contractor’s record of previous violations of any civil or criminal law related to the fitness of the contractor to bid on or engage in construction services or maintenance including this chapter and the prevailing wage law, § 6960 of Title 29.

b. If the contractor should reasonably have known that a subcontractor to a contract did not have a certificate of registration, had a lapsed certificate of registration, or had a certificate of registration revoked or suspended.

c. The total number of unregistered subcontractors at a work site and the size and scope of the project on which the unregistered subcontractor worked.

d. If the contractor in contract with a subcontractor who is not registered under this chapter obeyed the Department’s directive to remove the unregistered subcontractor from the work site to cure the violation of this chapter.

(d) (1) The Department may require as a condition of initial or continued registration that a contractor who has violated either this chapter or the prevailing wage law, § 6960 of Title 29, must provide a surety bond payable to the Department.

(2) The Department shall require a surety bond if there is a pending investigation or litigation of a violation of a state or federal labor law alleged against the contractor which the Secretary finds would constitute a knowing violation of this chapter.

(3) The surety bond must be in the amount and form that the Secretary deems necessary for the protection of the contractor’s workers, but must not exceed $10,000 per worker.

(4) The surety bond must be released upon a final adjudication of the investigation or litigation under paragraph (d)(2) of this section if the final adjudication is in favor of the contractor.
19 Del. C. § 2316 — Delaware Code / Title 19 / Chapter 23 / Subchapter I / Section 2316
§ Â
        2316. Licensed real estate salespersons and licensed associate real estate brokers who are independent contractors.
Status: in_force

(a) This chapter shall not apply to licensed real estate salespersons or licensed associate real estate brokers who are affiliated with a licensed real estate broker under a written contract pursuant to which they are remunerated on a commission only basis and are designated as independent contractors and who qualify as independent contractors for federal tax purposes, except that a licensed real estate broker with whom they have such contracts shall have the right to elect to carry insurance to insure the payment of workers’ compensation to them or their dependents for part or all of the period of such affiliation.

(b) For the purposes of this section, a licensed real estate broker with whom such licensed real estate salespersons and licensed associate real estate brokers have such independent contract affiliation shall inform in writing such licensed real estate salespersons and such licensed associate real estate brokers whether the licensed real estate broker has elected to carry insurance to insure the payment of workers’ compensation to them or their dependents. If a licensed real estate broker intends to change the election concerning workers’ compensation, the licensed real estate broker shall notify any licensed real estate salespersons or licensed associate real estate brokers affected thereby at least 30 days prior to the effective date of the change in the election.
19 Del. C. § 507 — Delaware Code / Title 19 / Chapter 5 / Section 507
§ Â
        507. Minors under 18 years of age.
Status: in_force

(a) A minor under 18 years of age shall not be employed or permitted to work in, about or in connection with:

(1) 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.];

(2) Blast furnaces;

(3) Docks or wharves, other than marinas where pleasure boats are sold or serviced;

(4) Railroads;

(5) The erection or repair of electrical wires;

(6) Distilleries where alcoholic beverages are manufactured, bottled, labelled, wrapped or packaged;

(7) The manufacturing of dangerous or toxic chemicals or compounds;

(8) Any other occupation which the Secretary deems injurious to the health, safety, welfare or morals of the minor;

(9) Any occupation as a pilot, firefighter or engineer on any vessel or boat engaged in commerce; or

(10) Any occupation as a messenger for a telegraph, telephone or messenger company in the distribution, delivery, collection or transmission of goods or messages before 6:00 a.m. or after 10:00 p.m. of any day in any town or city having a population of over 20,000 persons.

(b) Subsection (a) of this section shall not apply to a minor under 18 years of age who is enrolled in a work-study, student-learner, apprenticeship 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 system or by a federal or state monitored apprenticeship program.

(c) A minor under 18 years of age shall not spend more than 12 hours in a combination of school hours and work hours per day.

(d) A minor under 18 years of age shall have at least 8 consecutive hours of nonwork, nonschool time each 24-hour day.

(e) A minor under 18 years of age shall not be employed or permitted to work more than 5 hours continuously without a nonworking period of at least one half hour.
19 Del. C. § 105 — Delaware Code / Title 19 / Chapter 1 / Section 105
§ Â
        105. Duties and powers of the Department; fees; Department of Labor Research Fund.
Status: in_force

(a) In addition to such other duties and powers which may be conferred upon it by law, the Department may:

(1) Administer all labor laws in this State;

(2) Direct to the attention of the Attorney General of this State, with a request for the necessary enforcement action, all violations under the terms of this chapter;

(3) Collect, compile and analyze statistical information with respect to, and report upon the conditions of, labor generally, and upon all matters relating to the enforcement and effect of this chapter;

(4) Collect fees for research activities it conducts pursuant to this section, the amounts of said fees to approximate and reasonably reflect the costs of such activities;

(5) Propose to the Industrial Accident Board such rules or changes in rules as may be deemed advisable, either procedural or substantive;

(6) Do all in its power to promote the voluntary arbitration, mediation and conciliation of disputes between employers and employees; provided, however, that neither the Department nor any of its representatives shall have the authority, under either this section or §§ 110 and 111 of this title, to make any public recommendation for the settlement of any specific labor dispute, or to make any public statement as to the merits of such dispute, prior to the final settlement thereof;

(7) Promote voluntary apprenticeship through cooperation with the United States Department of Labor;

(8) Make, amend and repeal regulations necessary for the internal administration of the Department, and for the proper conduct of any necessary hearings before the Department or its authorized agents. The members of the Department shall not be bound by technical rules of evidence in the conduct of such hearings.

(b) Any fees collected by the Department of Labor for its research service shall be paid into the State Treasury and the State Treasurer shall deposit the same to the credit of a special fund, entitled “Department of Labor Research Fund,” from which necessary expenses of the Department of Labor shall be paid for analyses of labor force, employment, unemployment and occupational and industrial change upon proper vouchers signed by the Secretary of the Department of Labor. The Department of Labor Research Fund shall be a revolving fund and no funds deposited therein shall revert to the General Fund of the State Treasury, except for funds appropriated by the 135th General Assembly to begin said Fund, which funds shall be paid back to the State Treasurer out of the Department of Labor’s Research Fund on or before June 30, 1992. The Department of Labor shall annually, on or before January 31, make a report to the Governor of all income and expenditures made from said Fund. A copy of said reports shall be given biennially, on or before January 31, to the members of the General Assembly.