19 Del. C. § 2322E — Delaware Code / Title 19 / Chapter 23 / Subchapter II / Section 2322E
§ Â
        2322E. Development of consistent forms for health-care providers.
Status: in_force

(a) The Workers’ Compensation Oversight Panel is authorized and directed to approve, propose and maintain standard forms for the provision of health-care services pursuant to this chapter. Upon recommendation by the Workers’ Compensation Oversight Panel, such forms and provisions governing their use shall be adopted by regulation of the Department of Labor, pursuant to Chapter 101 of Title 29. Forms authorized by this section shall provide for prompt initial report of an employee’s condition upon the initial occurrence of injury treated pursuant to this chapter and upon reasonable intervals thereafter to report the conditions and limitations of an employee. At a minimum the initial reporting form shall provide for an outline of the physical capabilities of the employee in order to enable and encourage the injured employee to return to work at the highest level of capability.

(b) The health-care provider most responsible for the treatment of the employee’s work-related injury shall complete and submit, as expeditiously as possible and not later than 10 days after the date of first evaluation or treatment, a report of employee condition and limitations, on a form adopted for that purpose pursuant to this section, and shall expeditiously provide copies of the report of employee condition and limitations to the employee, the employer and the employer’s insurance carrier, if applicable. In the event that an employee is treated and released from the emergency department of a hospital, the health-care provider most responsible for follow up care, if applicable, or the emergency room attending physician, shall provide the report of employee condition and limitations to the employee upon release, and the employee shall be responsible for provision of the report to the employer and the employer’s insurance carrier, if applicable, within the time period provided by the rules adopted pursuant to this section.

(c) Every health-care provider shall prepare supplemental reports of employee condition and limitations on forms prescribed pursuant to this section, and shall expeditiously provide copies of the report of employee condition and limitations to the employee, the employer and the employer’s insurance carrier, if applicable.

(d) Within 14 days of the issuance of an Agreement As To Compensation to an employee for any period of total disability, the employer shall provide to the health-care provider/physician most responsible for the treatment of the employee’s work-related injury and to the employer’s insurance carrier, if applicable, a report of the modified-duty jobs which may be available to the employee. The insurance carrier for an insured employer shall send to such employer the aforementioned report for completion, and shall be independently responsible for providing a completed report of modified-duty jobs to the health care provider/physician. The health-care provider portion of the employer’s modified duty availability report must be signed and returned by the health-care provider within 14 days of the next date of service after receipt of the form from the employer, but not later than 21 days from the health-care provider’s receipt of such form.

(e) Fees for completion, copying and transmission of the forms shall be maintained by the Workers’ Compensation Oversight Panel. The employer or the employer’s insurance carrier shall be liable for payment of the fee for all such reports of employee condition and limitations, provided however, that the employer or insurance carrier shall not be liable for any such reports, requested by an employee more frequently than once during each 3-month period.
19 Del. C. § 1806 — Delaware Code / Title 19 / Chapter 18 / Section 1806
§ Â
        1806. Employee; provide written statement; contents.
Status: in_force

(a) At an employer’s request, an employee, acting as a volunteer emergency responder, who is absent from that employee’s place of employment in order to respond to an emergency shall provide the employee’s employer, within 7 days of such request, a written statement signed by the individual in charge of the volunteer department or another individual authorized to act for such individual that includes the following: That the employee responded to an emergency; the date and time of the emergency; and the date and time such employee completed the volunteer emergency activities.

(b) At an employer’s request, an employee, who is absent from that employee’s place of employment due to injury sustained by such employee while responding to an emergency shall provide the employee’s employer, within 5 days of such request, a written statement signed by the relevant medical professional or another individual authorized to act for such medical professional that includes the following: That the employee was seen by such medical professional, the date the employee was seen by such medical professional, and the estimated period of partial or total incapacity to perform the employee’s job.
19 Del. C. § 1601 — Delaware Code / Title 19 / Chapter 16 / Subchapter I / Section 1601
§ Â
        1601. Statement of policy.
Status: in_force

It is the declared policy of the State and the purpose of this chapter to promote harmonious and cooperative relationships between public employers and their employees, employed as police officers and firefighters, and to protect the public by assuring the orderly and uninterrupted operations and functions of public safety services. These policies are best effectuated by:

(1) Granting to police officers and firefighters the right of organization and representation;

(2) Obligating public employers and organizations of police officers and firefighters which have been certified as representing their employees to enter into collective bargaining negotiations with the willingness to resolve disputes relating to terms and conditions of employment and to reduce to writing any agreements reached through such negotiations; and

(3) Empowering the Public Employment Relations Board to assist in resolving disputes between police officers or firefighters and their public employers and to administer this chapter.
19 Del. C. § 1602 — Delaware Code / Title 19 / Chapter 16 / Subchapter I / Section 1602
§ Â
        1602. Definitions [For application of this section, see 83 Del. Laws, c.146, ÂÂ 2, 3].
Status: in_force

As used in this chapter:

(1) “Appropriate bargaining unit” or “bargaining unit” means a group of police officers or firefighters designated by the Public Employment Relations Board as appropriate for representation by an employee organization for purposes of collective bargaining.

(2) “Binding interest arbitration” means the procedure by which the Public Employment Relations Board shall make written findings of fact and a decision for final and binding resolution of an impasse arising out of collective bargaining.

(3) “Board” means the Public Employment Relations Board established by § 4006 of Title 14 and made applicable to this chapter by § 1306 of this title.

(4) “Certification” means official recognition by the Board, following a secret-ballot election, that an employee organization is the exclusive representative for all employees in an appropriate bargaining unit.

(5) “Collective bargaining” means the performance of the mutual obligation of a public employer through its designated representatives and the exclusive bargaining representative to confer and negotiate in good faith with respect to terms and conditions of employment, and to execute a written contract incorporating any agreements reached. However, this obligation does not compel either party to agree to a proposal or require the making of a concession.

(6) “Decertification” means the withdrawal by the Board of an employee organization’s official designation as exclusive representative following a decertification election which shows that the exclusive representative no longer has the support of a majority of the members in an appropriate bargaining unit.

(7) “Employee organization” means any organization which admits to membership police officers or firefighters employed by a public employer and which has as a purpose the representation of such employees in collective bargaining, and includes any person acting as an officer, representative or agent of said organization.

(8) “Exclusive bargaining representative” or “exclusive representative” means the employee organization which as a result of certification by the Board has the right and responsibility to be the collective bargaining agent of all employees in that bargaining unit.

(9) “Impasse” means the failure of a public employer and the exclusive bargaining representative to reach agreement in the course of collective bargaining.

(10) “Mediation” means an effort by an impartial third-party confidentially to assist in reconciling an impasse between the public employer and the exclusive bargaining representative regarding terms and conditions of employment.

(11) “Police officer” means as defined in § 8401 of Title 11 and includes probation and parole officers of the Department of Correction. “Police officer” does not include any of the following:

a. The Department of Correction’s Director of Probation and Parole, correctional officers and similar correctional occupations.

b. Correctional supervisors and nonuniformed correctional employees who are employed in a secure facility operated by the Department of Correction or the Department of Services for Children, Youth and their Families, or who have inmate contact which is composed of correctional lieutenants, staff lieutenants, correctional captains, nonuniformed correctional employees who are employed in a secure Department of Correction facility or who have inmate contact and similar occupations.

c. Persons and officers not included pursuant to § 8401(6)b. of Title 11.

d. The Attorney General and the Attorney General’s deputies.

e. Any position at a director or executive level whose essential job function and advanced knowledge about the issues involved in collective bargaining would make it unduly burdensome for the employer to negotiate effectively if the employee were a member of an appropriate bargaining unit. This exclusion applies only to those units not already organized upon September 10, 2021, the effective date of this exclusion.

(12) “Public employee” or “employee” means any police officer or firefighter employed by a public employer except those determined by the Board to be inappropriate for inclusion in the bargaining unit; provided, however, that for the purposes of this chapter with respect to any state employee covered under the State Merit System, position classification, health care and other benefit programs established pursuant to Chapters 52 and 96 of Title 29, workers’ compensation, disability programs and pension programs shall not be deemed to be compensation.

(13) a. “Public employer” or “employer” means the State or political subdivisions of the State or any agency thereof, any county, or any agency thereof, or any municipal corporation or municipality, city or town located within the State or any agency thereof, which:

1. Upon the affirmative legislative act of its common council or other governing body has elected to come within Chapter 13 of this title;

2. Hereafter elects to come within this chapter; or

3. Employs 25 or more full-time employees. For the purposes of this paragraph, “employees” shall include each and every person employed by the public employer except:

A. Any person elected by popular vote; and

B. Any person appointed to serve on a board or commission.

b. “Public employer” or “employer” includes the Town of Delmar, Delaware.

(14) “Strike” means a public employee’s failure, in concerted action with others, to report for duty, or the public employee’s wilful absence from the public employee’s position, or the public employee’s stoppage or deliberate slowing down of work, or the public employee’s withholding in whole or in part from the full, faithful and proper performance of the public employee’s duties of employment, or the public employee’s involvement in a concerted interruption of operations of a public employer for the purpose of inducing, influencing or coercing a change in the conditions, compensation rights, privileges or obligations of public employment; however, nothing shall limit or impair the right of any public employee to lawfully express or communicate a complaint or opinion on any matter related to terms and conditions of employment.

(15) “Terms and conditions of employment” means matters concerning or related to wages, salaries, hours, grievance procedures and working conditions; provided, however, that such term shall not include those matters determined by this chapter or any other law of the State to be within the exclusive prerogative of the public employer.
19 Del. C. § 3372 — Delaware Code / Title 19 / Chapter 33 / Subchapter IV / Section 3372
§ Â
        3372. Limitation of fees charged by Department or court; penalties.
Status: in_force

(a) No employer or individual claiming benefits shall be charged fees of any kind in any proceeding under this chapter by the Department or its representatives. No individual claiming benefits shall be charged fees of any kind in any proceeding under this chapter by any court or any officer thereof.

(b) Whoever violates this section shall, for each such offense, be fined not less than $23 nor more than $230 or imprisoned not more than 90 days, or both.
19 Del. C. § 1705 — Delaware Code / Title 19 / Chapter 17 / Section 1705
§ Â
        1705. Collective bargaining.
Status: in_force

This chapter shall not be construed to diminish or impair the rights of a person under any collective bargaining agreement.
19 Del. C. § 3711 — Delaware Code / Title 19 / Chapter 37 / Section 3711
§ Â
        3711. Appeal.
Status: in_force

(a) The process for review of a denial of family and medical leave benefits is as follows:

(1) On a determination of an individual’s claim for family and medical leave benefits under this chapter by the employer, the individual may request review of the determination by the Department within 60 days of the issuance of the determination. The Department shall review the denial and issue a determination to the individual in a time and manner determined by the Department.

(2) On determination by the Department under paragraph (a)(1) of this subsection or final determination by a private plan under § 3716 of this title, an individual may appeal the determination to the Family and Medical Leave Insurance Appeal Board established under subsection (b) of this section within 30 days of the issuance of the determination.

(b) (1) There is established a Family and Medical Leave Insurance Appeal Board (“Board”).

(2) The Board consists of 3 members, appointed by the Governor for a term of 6 years.

(3) The Governor shall fill a vacancy on the Board during a member’s term for the unexpired portion of the term.

(4) 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. For purposes of this section, a member who is absent without adequate reason for 3 consecutive meetings or fails to attend at least half of all regular meetings during any calendar year is deemed to be in neglect of duty.

(5) Two members of the Board constitute a quorum. A vacancy does not impair the right of the remaining Board members to exercise all of the powers of the Board.

(6) The Governor shall designate 1 member of the Board as the Chair. If the term of the Chair expires or if the Chair becomes vacant for any cause, the Governor shall designate another member as Chair.

(7) a. The Chair of the Board must be paid $225 for each meeting attended, not to exceed 80 meetings each year.

b. Each of the other members of the Board is to be paid $175 for each meeting attended, not to exceed 80 meetings each year.

c. The members of the Board shall devote to the duties of the members’ office the time necessary for the satisfactory execution of the office.

(c) The decision of the Board with respect to an individual’s claim for family and medical leave benefits is final and binding on the parties.

(d) The Department shall implement procedures to ensure confidentiality of all information related to a claim filed or an appeal taken, to the maximum extent permitted by applicable laws.

(e) The Board shall conduct hearings under the Administrative Procedures Act, Chapter 101 of Title 29, except that the Board’s hearings are exempt from the public meeting requirements of Chapter 100 of Title 29 to protect confidential health and privacy information.

(f) The Board may adopt regulations to implement this section.
19 Del. C. § 2322 — Delaware Code / Title 19 / Chapter 23 / Subchapter II / Section 2322
§ Â
        2322. Medical and other services, and supplies as furnished by employer.
Status: in_force

(a) During the period of disability the employer shall furnish reasonable surgical, medical, dental, optometric, chiropractic and hospital services, medicine and supplies, including repairing damage to or replacing false dentures, false eyes or eye glasses and providing hearing aids, as and when needed, unless the employee refuses to allow them to be furnished by the employer.

(b) If the employer, upon application made to the employer, refuses to furnish the services, medicines and supplies mentioned in subsection (a) of this section, the employee may procure the same and shall receive from the employer the reasonable cost thereof within the above limitations.

(c) Upon application made to the Board by the injured employee or someone in the injured employee’s behalf, the Board may, at its discretion, require the employer to furnish additional services, medicines and supplies of the kind mentioned in subsection (a) of this section, as and when needed, for such further period as it shall deem right and proper. The charges for such additional services, medicines and supplies shall not exceed the rates regularly charged to other individuals for like services and supplies, provided, however, that the Board shall at all times have jurisdiction to determine and shall determine the character of services and supplies to be furnished.

(d) An employee, at any time after a claim for compensation is made, shall have the right, upon application to the employee’s employer, to inspect, copy and reproduce any medical records pertaining to said employee in the possession of the employee’s employer or the employee’s insurance carrier. Medical records, as used in this subsection, shall include physician’s reports, hospital reports, diagnostic reports, treatment reports, X-rays and X-ray reports.

(e) The fees of medical witnesses testifying at hearings before the Industrial Accident Board in behalf of an injured employee shall be taxed as a cost to the employer or the employer’s insurance carrier in the event the injured employee receives an award.

(f) Every insurance carrier or self-insurer shall be required to replace or renew a defective or worn out prosthesis for the life of the injured person without such replacement or renewal constituting a new claim period.

(g) An employee shall be entitled to mileage reimbursement in an amount equal to the State specified mileage allowance rate in effect at the time of travel, for travel to obtain:

(1) Reasonable surgical, medical, dental, optometric, chiropractic and hospital services; and

(2) Medicine and supplies, including repairing and replacing damaged dentures, false eyes or eyeglasses, and providing hearing aids and prosthetic devices.

(h) An employer or insurance carrier may pay any health care invoice or indemnity benefit without prejudice to the employer’s or insurance carrier’s right to contest the compensability of the underlying claim or the appropriateness of future payments of health care or indemnity benefits. In order for any provision or payment of health care services to constitute a payment without prejudice, the employer or insurance carrier shall provide to the health care provider and the employee a clear and concise explanation of the payment, including the specific expenses that are being paid, the date on which such charges are paid, and the following statement, which shall be conspicuously displayed on the explanation in at least 14-point type:

This claim is IN DISPUTE and payment is being made without prejudice to the Employer’s right to dispute the compensability of the workers’ compensation claim generally or the Employer’s obligation to pay this bill in particular.

(1) Partial payment of the uncontested portion of a partially contested health care invoice shall be considered a payment without prejudice to the right to contest the unpaid portion of a health care invoice, provided the above notice requirements are met.

(2) No payment without prejudice made under a reservation of rights pursuant to this subsection shall be subject to return, recapture or offset, absent a showing that the claim for payment was fraudulent.

(3) No payment without prejudice that complies with the above is admissible as evidence to establish that the claim is compensable.

(4) No payment without prejudice that complies with the above shall extend the statute of limitations unless the claim is otherwise determined by agreement or the Board to be compensable.

(i) Availability of vocational rehabilitation services.

(1) Statement of intent. — The General Assembly realizes that despite the best efforts of all concerned, some injured workers may not be able to return to their pre-injury employment and may benefit from vocational rehabilitation.

(2) To the extent assistance may be required in this regard, resources are available to employees including, but not limited to, from the following organizations:

a. Delaware Division of Vocational Rehabilitation;

b. First State Project with Industry; and

c. One Stop Centers.

(3) Nothing in this section is intended to change the existing rights and responsibilities of injured employees or employers regarding vocational rehabilitation services.
19 Del. C. § 1707 — Delaware Code / Title 19 / Chapter 17 / Section 1707
§ Â
        1707. Notices requirement.
Status: in_force

An employer shall post notices and use other appropriate means to keep the employer’s employees informed of their protections and obligations under this chapter.
19 Del. C. § 2346 — Delaware Code / Title 19 / Chapter 23 / Subchapter III / Section 2346
§ Â
        2346. Hearing upon disagreement on charges for medical and other services and benefits
Status: in_force

If any person charged with the payment of medical and other services and the provider to whom said payment is due fail to reach an agreement in regard to such charges, any interested party may notify the Department of the facts. The Department shall thereupon notice the time and place of hearing sent by certified mail or by secure email with an electronic receipt to all parties in interest. The Board shall hear and determine the matter. No party to the proceedings shall have any liability for the payment of charges in excess of the amount deemed reasonable and necessary; provided, that the provider is subject to the jurisdiction of the Board and made a party to the proceedings. As provided in § 2320(7) of this title, the Board may, in any case, appoint a disinterested and duly-qualified physician to make any necessary medical examination of the employee and testify in respect thereto. Such medical examination shall not be referred to as an “Independent Medical Examination” or “IME” in any proceeding or on any document relating to a matter under this chapter; nor shall any examination, required by the employer, by any other doctor, who is an employee of an insurance company, or who is paid by an insurance company, or who is under contract to an insurance company, be referred to as an “Independent Medical Examination” or “IME.” The Board may impose a fine not to exceed $500 for each use of the term “Independent Medical Exam” or “IME” in violation of this section.
19 Del. C. § 2361 — Delaware Code / Title 19 / Chapter 23 / Subchapter III / Section 2361
§ Â
        2361. Limitation periods for claims.
Status: in_force

(a) In case of personal injury, all claims for compensation shall be forever barred unless, within 2 years after the accident, the parties have agreed upon the compensation as provided in § 2344 of this title or unless, within 2 years after the accident, 1 or more of the interested parties have appealed to the Board as provided in § 2345 of this title. In cases of death, all claims for compensation shall be forever barred unless, within 2 years after the death, the parties have agreed upon the compensation as provided in § 2344 of this title or unless, within 2 years after the death, 1 or more of the interested parties have appealed to the Board as provided in § 2345 of this title.

(b) Where payments of compensation have been made in any case under an agreement approved by the Board or by an award of the Board, no statute of limitation shall take effect until the expiration of 5 years from the time of the making of the last payment for which a proper receipt has been filed with the Department.

(c) Notwithstanding the above, and in furtherance of and accordance with the provisions of § 2322F(j) of this title regarding utilization review, any utilization review decision issued pursuant to applicable rules and regulations promulgated pursuant to § 2322F(j) of this title shall be final and conclusive as to any interested party unless within 45 days from the date of receipt of the utilization review decision any interested party files a petition with the Industrial Accident Board for de novo review.

(d) All claims for compensation for compensable occupational disease or for an ionizing radiation injury shall be forever barred unless a petition is filed in duplicate with the Department within 1 year after the date on which the employee first acquired such knowledge that the disability was or could have been caused or had resulted from employment. In case of death, all claims for compensation for compensable occupational disease or for an ionizing radiation injury shall be forever barred unless a petition is filed in duplicate with the Department within 1 year after the date on which the person or persons entitled to file such claims know, or by the exercise of reasonable diligence should know, the possible relationship of the death to the employment.
19 Del. C. § 2343 — Delaware Code / Title 19 / Chapter 23 / Subchapter III / Section 2343
§ Â
        2343. Physical examination of employee; refusal to submit; communications not privileged.
Status: in_force

(a) After an injury, and during the period of resulting disability, the employee, if so requested by the employee’s employer or ordered by the Board, shall submit the employee’s own self for examination at reasonable times and places and as often as reasonably requested to a physician legally authorized to practice the physician’s profession under the laws of such place, who shall be selected and paid by the employer. Such medical examination shall not be referred to as an “Independent Medical Examination” or “IME” in any proceeding or on any document relating to a matter under this chapter; nor shall any examination, required by the employer, by any other doctor, who is an employee of an insurance company, or who is paid by an insurance company, or who is under contract to an insurance company, be referred to as an “Independent Medical Examination” or “IME.” If the employee requests, the employee shall be entitled to have a physician, qualified as specified in this section, of the employee’s own selection, to be paid by the employee, present to participate in such examination. For all examinations after the first, the employer shall pay the reasonable traveling expenses and loss of wages incurred by the employee in order to submit to such examination. The Board may impose a fine not to exceed $500 for each use of the term “Independent Medical Exam” or “IME” in violation of this subsection.

(b) The refusal of the employee to submit to the examination required by subsection (a) of this section or the employee’s obstruction of such examination shall deprive the employee of the right to compensation under this chapter during the continuance of such refusal or obstruction and the period of such refusal or obstruction shall be deducted from the period during which compensation would otherwise be payable.

(c) No fact communicated to or otherwise learned by any physician or surgeon who has attended or examined the employee or who has been present at any examination shall be privileged either in the hearings provided for in this chapter or in any action at law.
19 Del. C. § 3702 — Delaware Code / Title 19 / Chapter 37 / Section 3702
§ Â
        3702. Eligibility for benefits; serious health condition; certification or documentation of leave.
Status: in_force

(a) Beginning 1 year after the start of contributions under § 3705 of this title, and subject to subsection (c) of this section, family and medical leave benefits are payable to a covered individual who meets 1 of the following:

(1) Because of a birth, adoption, or placement through foster care of a child, is caring for the child during the first year after the birth, adoption, or placement of the child.

(2) Is caring for a family member with a serious health condition.

(3) Has a serious health condition that makes the covered individual unable to perform the functions of the covered individual’s position.

(4) Has a qualifying exigency.

(b) In applying and construing serious health condition, consideration must be given to the application and construction given to serious health condition under the FMLA.

(c) (1) An employer or an approved private plan under § 3716 of this title shall collect and retain information from covered individuals verifying parental leave status, serious health condition, or qualifying exigency when a covered individual submits an application under this chapter. An employer shall require that a request for leave based on a serious health condition under paragraph (a)(2) or (a)(3) of this section be supported by a certification issued by the health care provider of the covered individual or of the family member of the covered individual, as appropriate. The covered individual shall provide, in a timely manner, a copy of the certification to the employer or an approved private plan under § 3716 of this title.

(2) A certification required under paragraph (c)(1) of this section is sufficient if it includes all of the following:

a. The date on which the serious health condition commenced.

b. The probable duration of the condition.

c. The appropriate medical facts within the knowledge of the health care provider regarding the condition.

d. A statement of the following, as appropriate:

1. For purposes of leave under paragraph (a)(2) of this section, a statement that the covered individual is needed to care for the family member who has a serious health condition and an estimate of the time that the covered individual needs to care for the family member.

2. For purposes of leave under paragraph (a)(3) of this section, a statement that the covered individual is unable to perform the functions of the covered individual’s position.

e. If the leave is to be taken intermittently or on a reduced leave schedule under § 3706 of this title for planned medical treatment, the dates on which the medical treatment is expected to be given and the duration of the medical treatment.

f. If the leave is to be taken intermittently or on a reduced leave schedule under § 3706 of this title for purposes of leave under paragraph (a)(2) of this section, a statement that the covered individual’s intermittent leave or leave on a reduced leave schedule is necessary for the care of the family member who has the serious health condition, or will assist in the family member’s recovery, and the expected duration and schedule of the intermittent leave or reduced leave schedule.

g. If the leave is to be taken intermittently or on a reduced leave schedule under § 3706 of this title for purposes of leave under paragraph (a)(3) of this section, a statement of the medical necessity of the intermittent leave or leave on a reduced leave schedule and the expected duration of the intermittent leave or reduced leave schedule.

(3) a. If the employer or an approved private plan under § 3716 of this title has reason to doubt the validity of a certification provided under this subsection, the employer or private plan may require, at the expense of the employer or private plan, that the covered individual obtain the opinion of a second health care provider designated or approved by the employer or private plan concerning any information certified under this subsection. A health care provider designated under this paragraph (c)(3)a. may not be employed on a regular basis by the employer, Department or private plan.

b. If the second opinion under paragraph (c)(3)a. of this section differs from the opinion in the original certification provided by the covered individual under this subsection, the employer or private plan may require, at the expense of the employer or private plan, that the employee obtain the opinion of a third health care provider designated or approved jointly by the employer or private plan and the covered individual concerning any information certified under this subsection. The third opinion is final and binding on the employer or private plan and the covered individual.

(4) a. The employer or an approved private plan under § 3716 of this title may require that the covered individual obtain subsequent recertifications on a reasonable basis.

b. The standards for determining what constitutes a reasonable basis for recertification may be governed by a collective bargaining agreement between the employer or private plan and a labor organization which is the collective bargaining representative of the unit of which the covered individual is a part if such a collective bargaining agreement is in effect.

c. Unless otherwise required by the covered individual’s health care provider, the employer or private plan may not require recertification more than once during a 30-day period and, in any case, may not unreasonably require recertification.

d. The employer or an approved private plan under § 3716 of this title shall pay for any recertification that is not covered by the covered individual’s health insurance.

(d) The employer or an approved private plan under § 3716 of this title shall require that a request for leave based on a serious health condition under paragraph (a)(2) of this section of a family member be supported by documentation demonstrating the nature and extent of the relationship.
19 Del. C. § 2362 — Delaware Code / Title 19 / Chapter 23 / Subchapter III / Section 2362
§ Â
        2362. Notice of denial of liability; penalty for delay in payment of compensation.
Status: in_force

(a) An employer or its insurance carrier shall within 15 days after receipt of knowledge of a work-related injury notify the Department and the claimant in writing of: the date the notice of the claimant’s alleged industrial accident was received; whether the claim is accepted or denied; if denied, the reason for the denial; or if it cannot accept or deny the claim, the reasons therefor and approximately when a determination will be made.

(b) All medical expenses shall be paid within 30 days after bills and documentation for said expenses are received by the employer or its insurance carrier for payment, unless the carrier or self-insured employer notifies claimant or the claimant’s attorney in writing that said expenses are contested or that further verification is required.

(c) In the event that the parties reach a written agreement as to compensation due to claimant, payment of compensation shall commence within 14 days of the date of that agreement. The parties must also file the original agreement, and if applicable, a receipt with the Department of Labor within 14 days of the date of the agreement.

(d) Following an award by the Board, the first payment of compensation shall be paid by the employer or its insurance carrier no later than 14 days after the award becomes final and binding pursuant to § 2349 of this title.

(e) If, following a hearing, the Board determines that the employer or its insurance carrier failed in its responsibilities under subsection (a), (b), (c) or (d) of this section, it shall assess a fine no less than $500 and no more than $2,500. The fine shall be payable to the Workers’ Compensation Fund.
19 Del. C. § 3303 — Delaware Code / Title 19 / Chapter 33 / Subchapter I / Section 3303
§ Â
        3303. Fraternal benefit societies subject to assessment payments.
Status: repealed

Section 6140 of Title 18 [repealed] shall not relieve the fraternal benefit societies mentioned in such § 6140 of Title 18 [repealed] from the payment of the assessments required by this chapter.
19 Del. C. § 2365 — Delaware Code / Title 19 / Chapter 23 / Subchapter III / Section 2365
§ Â
        2365. Employee entitled to exercise rights; relief to be granted.
Status: in_force

It shall be unlawful for any employer or the duly authorized agent of any employer to discharge or to retaliate or discriminate in any manner against an employee as to the employee’s employment because such employee has claimed or attempted to claim workers’ compensation benefits from such employer, because such employee reported an employer’s noncompliance with a provision of this chapter, or because such employee has testified or is about to testify in any proceeding under this chapter. Any claim of an employee alleging such action by an employer shall be filed with the Superior Court within 2 years of the employer’s alleged action. If the Court, after hearing, finds in favor of the employee, the employee shall be restored to employment or to the position, privilege, right or other condition of employment denied by such action and shall be compensated for any loss of compensation and damages caused thereby, as well as for all costs and attorney’s fees, as fixed by the Court, except that if the employee shall cease to be qualified to perform the duties of employment, the employee shall not be entitled to such restoration and compensation. An employer who violates this section shall be liable to pay a penalty of not less than $500 and not more than $3,000, as may be determined by the Court and which shall be paid to the Workers’ Compensation Fund. Any party shall have the right to appeal as in other cases before the Court, but if the employee’s claim ultimately is sustained, the employer also shall be liable for all costs and attorney’s fees on appeal.
19 Del. C. § 1107A — Delaware Code / Title 19 / Chapter 11 / Section 1107A
§ Â
        1107A. Differential rate of pay based on gender prohibited.
Status: in_force

(a) No employees shall be paid a wage at a rate less than the rate at which an employee of the opposite sex in the same establishment is paid for equal work on a job the performance of which requires equal skill, effort and responsibility, and which is performed under similar working conditions, except where payment is made pursuant to a differential based on:

(1) A seniority system;

(2) A merit system;

(3) A system which measures earnings by quantity or quality of production; or

(4) Any other factor other than sex; provided, that an employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with this subsection, reduce the wage rate of any employee.

(b) No labor organization, or its agents, representing employees of an employer having employees subject to any provisions of this section shall cause or attempt to cause such an employer to discriminate against an employee in violation of subsection (a) of this section.

(c) For purposes of administration and enforcement, any amounts owing to any employee which are withheld in violation of this section shall be deemed to be unpaid wages under this chapter.

(d) As used in this section, the term “labor organization” means any organization of any kind, or any agency or employee representative committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work.
19 Del. C. § 102 — Delaware Code / Title 19 / Chapter 1 / Section 102
§ Â
        102. Office; hearings.
Status: in_force

The Department shall keep such suitable office as shall best meet the convenience of the Department and the public. The Department or its authorized representative may hold hearings at any place within the State that the convenience of the Department and of the parties in interest may require.
19 Del. C. § 109 — Delaware Code / Title 19 / Chapter 1 / Section 109
§ Â
        109. Review of rules by Superior Court.
Status: in_force

Any person whose interest is affected thereby may commence an action in the Superior Court of this State, in any of the 3 counties against the Department as defendant to determine the reasonableness and validity of any rule made pursuant to § 106 of this title, provided that no such action may be brought except as an appeal from the determination of the Department and within the time for such appeal, both as provided in § 106(e) of this title. Such action and pleadings thereon shall be governed by the laws and rules of practice applicable to other civil actions.
19 Del. C. § 2351 — Delaware Code / Title 19 / Chapter 23 / Subchapter III / Section 2351
§ Â
        2351. Physical examination of claimant on appeal; other additional evidence.
Status: in_force

(a) Upon the hearing of any appeal, the Court may appoint 1 or more impartial physicians or surgeons to examine the injuries of the claimant and to report thereon to the Court. The Court may fix the compensation of such physicians or surgeons, and tax such compensation as a part of the costs of the proceedings. The report shall not be conclusive of the facts therein stated but shall be advisory only.

(b) The Court may, with or without notice to either party, cause testimony to be taken or provide for an inspection of the premises where the injury occurred and may require the time books or the payroll of the employer to be examined.
19 Del. C. § 3345 — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3345
§ Â
        3345. Payment of employerâs assessments.
Status: in_force

(a) For calendar years prior to 2027, assessments shall accrue and become payable by each employer for each calendar year in which the employer is subject to this chapter, with respect to wages for employment. For calendar years 2027 and after, assessments shall accrue and become payable by each employer for each calendar year in which the employer is subject to this chapter, with respect to covered wages for employment. Such assessments shall become due and be paid by each employer to the Department for the Fund in accordance with such regulations as the Department prescribes. Except in the case of a false or fraudulent report with intent to evade tax, the amount of assessments imposed by this chapter shall be assessed within 4 years after the date of the filing of the report required by this chapter with respect to such assessments and no civil action or other proceeding to enforce the payment of such assessments shall be commenced more than 4 years after the date of the filing of such report.

(b) Liability for assessments and election of reimbursement:

(1) In lieu of assessments required of employers under § 3348 of this title, liable public employers defined in § 3302(12)(B) of this title shall pay into the Unemployment Compensation Fund an amount equal to the amount of the regular benefits and the extended benefits paid (whether paid due to immediate eligibility or eligibility upon separation from a subsequent employer) that is attributable to service in the employ of such liable public employer to individuals for weeks of unemployment which begin during the effective period of such election.

(2) For purposes of this section, employing units covered under § 3302(12)(B) of this title are considered liable public employers and shall be liable for reimbursement payments in lieu of assessments. Paragraphs (b)(4)a., b., c., d., e., f. and g. of this section shall apply to any liable public employer.

(3) Any nonprofit organization or group of organizations, described in § 501(c)(3) of the Internal Revenue Code [26 U.S.C. § 501(c)(3)] which is exempt from income tax under § 501(a) of such Code [26 U.S.C. § 501(a)], which, pursuant to § 3302(12)(C) of this title, is or becomes subject to this chapter on or after January 1, 1972, shall pay assessments under subsection (a) of this section and § 3348 of this title unless it elects, in accordance with this subsection, to pay to the Department for the Unemployment Compensation Fund an amount equal to the amount of the regular benefits and the first week of extended benefits paid and ½ of the extended benefits paid in subsequent weeks (whether paid due to immediate eligibility or eligibility upon separation from a subsequent employer), that is attributable to service in the employ of such nonprofit organization, to individuals for weeks of unemployment which begin during the effective period of such election.

a. Any nonprofit organization which is or becomes subject to this chapter on January 1, 1972, may elect to become liable for reimbursement payments in lieu of assessments for a period of not less than 1 taxable year beginning with January 1, 1972, provided it files with the Department a written notice of its election within the 30-day period immediately following such date.

b. Any nonprofit organization which becomes subject to this chapter after January 1, 1972, may elect to become liable for reimbursement payments in lieu of assessments for a period of not less than 12 months beginning with the date on which such subjectivity begins by filing a written notice of its election with this Department not later than 30 days immediately following the date of the determination of such subjectivity.

c. Any nonprofit organization which makes an election in accordance with paragraph (b)(3)a. or b. of this section will continue to be liable for reimbursement payments in lieu of assessments until it files with the Department a written notice terminating its election of reimbursement payments not later than 30 days prior to the beginning of the taxable year for which such termination shall first be effective.

The term “reimbursement payments in lieu of assessments” means the money payments to the State Unemployment Compensation Fund in lieu of assessments (required under § 3348 of this title) by:

1. Nonprofit organizations, which are equivalent to the amount of regular benefits and the first week of extended benefits paid and 1/2 of the extended benefits paid in subsequent weeks, which are attributable to service in the employ of such employers; and

2. Liable public employers, which are equivalent to the amount of regular benefits and extended benefits paid, which are attributable to service in the employ of such employers.

d. Any nonprofit organization which has been paying assessments under this chapter for a period subsequent to January 1, 1972, may change to a reimbursable basis by filing with the Department, not later than 30 days prior to the beginning of any taxable year, a written notice of election to become liable for reimbursement payments in lieu of assessments. Such election shall not be terminable by the organization for that and the next year.

e. The Department may for good cause extend the period within which a notice of election or a notice of termination must be filed and may permit an election to be retroactive, but not any earlier than with respect to benefits paid after December 31, 1969.

f. The Department, in accordance with such regulations as it may prescribe, shall notify each nonprofit organization of any determination which the Department may make of the status of such nonprofit organization as an employer and of the effective date of any election which it makes and of any termination of such election. Such determinations shall be subject to reconsideration, appeal and review in accordance with § 3344 of this title.

(4) a. If benefits paid an individual are based on wages paid by 1 or more employers that are liable for reimbursement payments in lieu of assessments and on wages paid by 1 or more employers liable for assessments under § 3348 of this title, the amount of benefits reimbursable by each employer liable for reimbursement payments to the Fund shall be the amount which bears the same ratio to the total benefits paid to the individual as the total base period wages paid to the individual by such employer bear to the total base period wages paid to the individual by all the individual’s base period employers.

b. If benefits paid an individual are based on wages paid by 2 or more employers liable for reimbursement payments in lieu of assessments, the amount of benefits reimbursable by each such employer to the Fund shall be an amount which bears the same ratio to the total benefits paid to the individual as the total base period wages paid to the individual by such employer bear to the total base period wages paid to the individual by all the individual’s base period employers.

c. At the end of each calendar quarter, or at the end of any other period as determined by the Department, the Department shall bill each nonprofit organization (or group of such organizations) which has elected to make payments in lieu of assessments for an amount equal to the full amount of regular benefits and the first week of extended benefits paid plus ½ of the amount of extended benefits paid in subsequent weeks during such quarter or other prescribed period that is attributable to service in the employ of such organization.

d. Payment of any bill rendered under paragraph (b)(4)c. of this section shall be made not later than 30 days after such bill was mailed to the last known address of the nonprofit organization or was otherwise delivered to it, unless there has been an application for review and redetermination in accordance with paragraph (b)(4)f. of this section.

e. Payments made by any nonprofit organization under this paragraph shall not be deducted or deductible, in whole or in part, from the remuneration of individuals in the employ of the organization.

f. The amount due specified in any bill from the Department shall be conclusive on the organization unless, not later than 15 days after the bill was mailed to its last known address or otherwise delivered to it, the organization files an application for redetermination setting forth the grounds for such application. The Department shall promptly review and reconsider the amount due specified in the bill and shall thereafter issue a redetermination in any case in which such application for redetermination has been filed. Any such redetermination shall be conclusive on the organization unless, not later than 15 days after the redetermination was mailed to its last known address or otherwise delivered to it, the organization files an appeal to the Board setting forth the grounds for appeal. Proceedings on appeal to the Board from the amount of a bill rendered under this subsection or a redetermination of such amount shall be in accordance with § 3344(b) of this title and the decision of the Board shall be subject to § 3344(c) of this title.

g. Past due reimbursement payments in lieu of assessments shall be subject to the same interest and penalties that, pursuant to § 3357 of this title, apply to past due assessments.

(5) Notwithstanding any other provisions of paragraph (b)(3) of this section, any nonprofit organization that, prior to January 1, 1969, paid assessments required by subsection (a) of this section and pursuant to paragraph (b)(3) of this section elects, within 30 days after June 21, 1971, to make payments in lieu of assessments shall not be required to make such payment on account of any regular or extended benefits paid, on the basis of wages paid by such organization to individuals for weeks of unemployment which began on or after the effective date of such election until the total amount of such benefits equals the amount:

a. By which the assessments paid by such organization with respect to the 2-year period before the effective date of the election under paragraph (b)(3) of this section exceed

b. The total amount of unemployment benefits paid for the same period under this chapter on the basis of wages paid for employment by such organization.

(6) Group accounts. — Two or more employers that have become liable for payments in lieu of assessments, in accordance with this subsection may file a joint application to the Department for the establishment of a group account for the purpose of sharing the cost of benefits paid that are attributable to service in the employ of such employers. Each such application shall identify and authorize a group representative to act as the group’s agent for the purposes of this paragraph. Upon its approval of the application, the Department shall establish a group account for such employers effective as of the beginning of the calendar quarter in which the Department receives the application and shall notify the group’s representative of the effective date of the account. Such account shall remain in effect for not less than 2 years and thereafter until terminated at the discretion of the Department or upon application by the group. Upon establishment of the account, each member of the group shall be liable for payments in lieu of assessments with respect to each calendar quarter in the amount that bears the same ratio to the total benefits paid in such quarter that are attributable to service performed in the employ of all members of the group as the total wages paid for service in employment by such member in such quarter bear to the total wages paid during such quarter for service performed in the employ of all members of the group. The Department shall prescribe such regulations as it deems necessary with respect to applications for establishment, maintenance and termination of group accounts that are authorized by this paragraph for addition of new members to and withdrawal of active members from such accounts and for the determination of the amounts that are payable under this paragraph by members of the group and the time and manner of such payments.

(7) a. Notwithstanding any other provisions of the Unemployment Compensation Law for the payment of assessments, any governmental entity or instrumentality may, as an alternative to financing benefits by payment in lieu of assessments, elect to pay assessments beginning with the date on which subjectivity begins by filing written notice of its election with the Department no later than 120 days after such subjectivity begins; provided that such election shall be effective for at least 2 full calendar years; or it may elect to pay assessments for a period of not less than 2 calendar years beginning January 1 of any year if written notice of such election is filed with the Department not later than February 1 of such year; provided, further, that such governmental entity or instrumentality shall remain liable for payments in lieu of assessments with respect to all benefits paid based on base period wages earned in the employ of such entity or instrumentality in the period during which it financed its benefits in lieu of assessments as provided in paragraph (b)(1) of this section.

b. Any governmental entity or instrumentality may terminate its election to pay assessments as of January 1 of any year by filing written notice with the Department not later than February 1 of any year with respect to which termination is to become effective. It may not revert to an assessment method of financing for at least 2 full calendar years after such termination.

c. Any governmental entity or instrumentality electing the option for assessment financing will report and pay assessments in accordance with subsection (a) of this section and §§ 3348, 3350, and 3350A of this title, except that notwithstanding the above sections, the assessment rate shall be 1 % for the entire calendar year 1978 and the assessment rate for any subsequent calendar years shall be the rate established for such governmental entity or instrumentality under paragraph (b)(7)d. of this section.

d. On or before September 1 of each year beginning with September 1, 1979, the Department shall review the composite benefit cost experience of all governmental entities and instrumentalities and, on the basis of that experience, establish the assessment rate for the next following calendar year which can be expected to yield sufficient revenue to equal or exceed the projected benefit costs for that calendar year.
19 Del. C. § 3348 — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3348
§ Â
        3348. Average employer assessment rate; average industry assessment rate; average construction industry assessment rate; new employer rate; standard rate of assessment.
Status: repealed

(a) For calendar years prior to 2025, on or before December 31 of each year, the Secretary of Labor shall establish an average employer assessment rate for the next succeeding calendar year. The average employer assessment rate shall be computed by multiplying total taxable wages paid by each employer, regardless of industrial classification category as listed in the North American Industry Classification System (NAICS) Manual furnished by the federal government, during the 12 consecutive months ending on June 30 by the employer’s assessment rate established for the next calendar year and dividing the aggregate product for all employers by the total of taxable wages paid by all employers during the 12 consecutive months ending on June 30.

(b) For calendar years prior to 2025, on or before December 31 of each year, the Secretary of Labor shall establish an average industry assessment rate for the next succeeding calendar year for industrial classification categories (carried to 6 places) 236, 237, and 238 as listed in the North American Industry Classification System (NAICS) Manual furnished by the federal government. The average industry assessment rate for standard industrial classification categories 236, 237, and 238 shall be computed by multiplying total taxable wages paid by each employer in the industrial classification category during the 12 consecutive months ending on June 30 by the employer’s assessment rate established for the next calendar year and dividing the aggregate product for all employers in the industrial classification category by the total of taxable wages paid by all employers in the industrial classification category during the 12 consecutive months ending on June 30.

(c) For calendar years prior to 2025, on or before December 31 of each year, the Secretary of Labor shall establish an average construction industry assessment rate for the next succeeding calendar year for industrial classification categories (carried to 3 places) 236, 237, and 238 as listed in the North American Industry Classification System (NAICS) Manual furnished by the federal government. The average construction industry assessment rate shall be computed by multiplying total taxable wages paid by each employer in the construction industry during the 12 consecutive months ending on June 30 by the employer’s assessment rate established for the next calendar year and dividing the aggregate product for all employers by the total of taxable wages paid by all construction industry employers during the 12 consecutive months ending on June 30.

(d) For any employer, excluding those employers in NAICS categories 236, 237, and 238, who first becomes subject to this chapter on or after January 1, 2003, through December 31, 2024, the new employer rate shall be the average employer assessment rate.

(e) For any employer in NAICS categories 236, 237 and 238 who first becomes subject to this chapter on or after January 1, 2003, through December 31, 2024, the new employer rate shall be the average industry assessment rate in the employer’s particular NAICS category (carried to 6 places) or the average construction industry assessment rate, whichever is the greater.

(f) The NAICS category assigned to any employer shall be as determined by the Secretary of Labor or the Secretary’s designee and shall be reviewable only for abuse of discretion.

(g) For calendar years prior to 2025, each employer subject to the new employer rate shall pay an assessment in an amount equal to the product of the new employer rate times wages paid by the employer during any calendar year, except as may be otherwise prescribed in this chapter.

(h) The standard rate of assessment shall be 2⁷⁄₁₀% for calendar years prior to 1985 and 5⁴⁄₁₀% for calendar year 1985 and subsequent years.

(i) Notwithstanding the computation of the average employer assessment rate, the average industry assessment rate or the average construction industry assessment rate, no employer assigned an assessment rate under subsection (d) or subsection (e) of this section shall have a rate of less than 1%.

(j) Notwithstanding the required computation of the average employer assessment rate, the average industry assessment rate or the average construction industry assessment rate to be established by the Secretary of Labor on or before December 31, 2020 for the next succeeding calendar year pursuant to subsections (a) through (c) of this section, for calendar year 2021, all employers assigned an assessment rate under subsection (d) or (e) of this section shall have the same rate as established by the Secretary of Labor for the calendar year 2020.

(k) Notwithstanding the required computation of the average employer assessment rate, the average industry assessment rate or the average construction industry assessment rate to be established by the Secretary of Labor for the next succeeding calendar year pursuant to subsections (a) through (c) of this section, for calendar year 2022, all employers assigned an assessment rate under subsections (d) or (e) of this section shall have the same rate as established by the Secretary of Labor for the calendar year 2020.

(l) [Repealed.]

(m) Notwithstanding any other provisions in this section, for calendar year 2024, effective January 1, 2024, the average employer assessment rate, the average industry assessment rate, and the average construction industry assessment rate shall each be 1%.

(n) Notwithstanding any other provisions in this section, for assessment rate year 2025 and 2026, the average employer assessment rate, the average industry assessment rate, and the average construction industry assessment rate shall each be 1.0%.

(o) New employer rates applicable to assessment rate year 2027 and after.

(1) Notwithstanding any other provisions of this section, any employer who first becomes subject to this chapter on or after January 1, 2027, shall be assigned a new employer rate pursuant to this subsection.

(2) Unless paragraph (o)(4) of this section applies, the new employer rate shall equal the sum of the following:

a. One percent.

b. Any industry assessment rate assigned pursuant to § 3350E of this title to the NAICS Code that the Department assigns to the new employer.

(3) Each employer subject to the new employer rate shall pay an assessment to the Department in an amount equal to the product of the new employer rate times taxable wages paid by the new employer during any calendar quarter, except as may be otherwise prescribed in this chapter.

(4) a. Notwithstanding any other provisions in this chapter, for any employer subject to the new employer rate who is a delinquent employer, the employer’s assessment rate for the assessment rate year shall be the following:

1. One quarter of a percent of the delinquency assessment rate, if the new employer is delinquent as of September 30 of the first year such employer is assigned the new employer rate.

2. One half of a percent of the delinquency assessment rate, if the new employer is delinquent as of September 30 of the second year such employer is assigned the new employer rate.

3. Three quarters of a percent of the delinquency assessment rate, if the new employer is delinquent as of September 30 of the third year such employer is assigned the new employer rate.

b. The Department shall have the authority, in its sole discretion, to waive the partial delinquency assessment rates set forth in this paragraph for good cause shown by a new employer.

(5) Any employer subject to this subsection shall also pay the operations and technology assessment rate set forth in § 3350B of this title.

(6) Notwithstanding anything to the contrary in this section, no employer assigned an assessment rate under this subsection shall have a new employer rate of less than 1.0%.
19 Del. C. § 2305 — Delaware Code / Title 19 / Chapter 23 / Subchapter I / Section 2305
§ Â
        2305. Exemption from liability prohibited; exception.
Status: in_force

No agreement, rule, regulation or other device shall in any manner operate to relieve any employer or employee in whole or in part from any liability created by this chapter, except as specified in this chapter.
19 Del. C. § 3705 — Delaware Code / Title 19 / Chapter 37 / Section 3705
§ Â
        3705. Contributions.
Status: in_force

(a) Payroll contributions are authorized to finance the payment of benefits under this chapter. The Department shall regulate the deduction, withholding, and payment of the contribution.

(b) Beginning on January 1, 2025, for each employee, an employer shall quarterly, or more frequently as regulated by the Department, remit to the Fund contributions in the form and manner determined by the Department.

(1) The contribution rate for medical leave benefits is as follows:

a. For 2025 and 2026, the contribution rate for medical leave benefits as a percentage of wages is 0.4%.

b. For 2027, and each calendar year after 2027, the Department shall set the contribution rate for medical leave benefits as a percentage of wages based on sound actuarial principles. The Department may not set the contribution rate higher than the rate necessary to obtain a total amount of contributions equal to 125% of the medical leave benefits paid during the immediately preceding calendar year plus an amount equal to 125% of the cost of administration of the payment of those benefits during the immediately preceding calendar year, less the amount of net assets remaining in the Fund as of December 31 of the immediately preceding calendar year.

(2) The contribution rate for family caregiving leave benefits is as follows:

a. For 2025 and 2026, the contribution rate for family caregiving leave benefits as a percentage of wages is 0.08%.

b. For 2027, and each calendar year after 2027, the Department shall set the contribution rate for family caregiving leave benefits based as a percentage of wages on sound actuarial principles. The Department may not set the contribution rate higher than the rate necessary to obtain a total amount of contributions equal to 125% of the family caregiving leave benefits paid during the immediately preceding calendar year plus an amount equal to 125% of the cost of administration of the payment of those benefits during the immediately preceding calendar year, less the amount of net assets remaining in the Fund as of December 31 of the immediately preceding calendar year.

(3) The contribution rate for parental leave benefits is as follows:

a. For 2025 and 2026, the contribution rate for parental leave benefits as a percentage of wages is 0.32%.

b. For 2027, and each calendar year after 2027, the Department shall set the contribution rate for parental leave benefits as a percentage of wages based on sound actuarial principles. The Department may not set the contribution rate higher than the rate necessary to obtain a total amount of contributions equal to 125% of the parental leave benefits paid during the immediately preceding calendar year plus an amount equal to 125% of the cost of administration of the payment of those benefits during the immediately preceding calendar year, less the amount of net assets remaining in the Fund as of December 31 of the immediately preceding calendar year.

(c) Limitation on benefits and contribution rates; evidentiary standard. —

(1) General. —

Notwithstanding a provision of this chapter to the contrary, this subsection controls with respect to benefits available under, and contributions required by, this chapter.

(2) Contribution rate; limitation. — a. For purposes of this subsection, “contribution rate” means the sum of the contribution rate for medical, family caregiving, and parental leave benefits.

b. If, after using the actuarial principles under subsection (b) of this section, the Department determines that the contribution rate would exceed 1.00%, paragraph (c)(3) of this section applies.

(3) Contribution redetermination; benefits reduction. —

If, under paragraph (c)(2)b. of this section, the Department determines that the contribution rate effective as of the first day beginning on the next calendar year would exceed 1.00%, effective as of and for such calendar year the Department shall reduce the percentage of average weekly wages for employees from 80% to the lowest percentage of average weekly wages for employees as necessary to compute a contribution rate that does not exceed 1.00%.

(4) Preservation of Fund balance. —

Notwithstanding anything in this chapter to the contrary, after using the actuarial principles under subsection (b) of this section and considering other information deemed appropriate under the circumstances by the Secretary, the Secretary may at any time reduce the percentage of average weekly wages for employees to the lowest percentage of average weekly wages for employees as necessary to attempt to prevent the projected balance of the Fund during the ensuing 12 month period from falling below a specific balance or other actuarially sound measure adopted by the Department.

(5) Evidentiary standard. —

An allegation of abuse in the exercise of the discretion authorized by this section must be established by clear and convincing evidence of actual abuse of discretion in the court then having primary jurisdiction.

(d) From the wages of an employee for whom a contribution is required under paragraph (b)(1) of this section, an employer shall deduct not greater than 50% of the contribution required for the employee. However, an employer may elect to pay all or any portion of the employee’s share of the contribution listed in paragraph (b)(1) of this section.

(e) From the wages of an employee for whom a contribution is required under paragraph (b)(2) of this section, an employer shall deduct not greater than 50% of the contribution required for the employee. However, an employer may elect to pay all or any portion of the employee’s share of the contribution listed in paragraph (b)(2) of this section.

(f) From the wages of an employee for whom a contribution is required under paragraph (b)(3) of this section, an employer shall deduct not greater than 50% of the contribution required for the employee. However, an employer may elect to pay all or any portion of the employee’s share of the contribution listed in paragraph (b)(3) of this section.

(g) An employer’s deduction from an employee’s wages under this section may only be made concurrent with, and proportionate to, the liability incurred by the employer and the payment of wages to the employee. The employer is liable for the contribution at the time that wages are paid and shall remit the total contribution required under subsection (b) of this section to the Fund. If the employer fails to deduct wages of an employee when the wages are paid, the employer remains liable for the full amount of the contribution, including that amount not deducted from an employee’s wages.

(h) A contribution that remains unpaid on the date it is due and payable, as determined by the Department, accrues interest, at a rate determined by the Department by regulation, from and after the due date until payment plus the accrued interest is received by the Fund. Interest collected under this section must be paid into the Fund.

(i) (1) An employer with an approved private plan under § 3716 of this title for medical leave benefits may not be required to remit the contributions required under paragraph (b)(1) of this section.

(2) An employer with an approved private plan under § 3716 of this title for family caregiving leave benefits may not be required to remit the contributions required under paragraph (b)(2) of this section.

(3) An employer with an approved private plan under § 3716 of this title for parental leave benefits may not be required to remit the contributions required under paragraph (b)(3) of this section.

(j) The Department may require from an employer a sworn or unsworn report with respect to employees of the employer which the Department deems necessary for the effective administration of this chapter. Information provided to the Department in the report must be held confidential and must not be published or be open to public inspection, other than to employees of the Department, in a manner that reveals an employee’s or employer’s identity. However, an employer or employer’s legal representative must be supplied with information from the report for purposes related to this chapter, and an employee or employee’s legal representative must be supplied with information from the report that relates only to the employee for purposes related to this chapter.

(k) An employee and employer may opt to file a waiver of the payroll contributions required under this section when an employee’s work schedule or length of employment with the employer is not expected to meet the requirements for eligibility for family and medical leave benefits.

(1) The employer shall provide notice to the employee that employee’s work schedule or length of employment with the employer is not expected to meet the requirements for eligibility for family and medical leave benefits.

(2) The employee shall sign, and the employer shall submit to the Department, a form waiving the payroll contributions required under this section because employee’s work schedule or length of employment with the employer is not expected to meet the requirements for eligibility for family and medical leave benefits.

(3) If, after an employee signs a waiver under paragraph (k)(2) of this section, the employee becomes eligible for family and medical leave benefits, the employee shall sign, and the employer shall submit to the Department, a form revoking the waiver under paragraph (k)(2) of this section. Deductions from wages may not begin until a waiver is revoked.

(4) The Department shall adopt a form for the waiver under paragraph (k)(2) of this section and the revocation of the waiver under paragraph (k)(3) of this section.

(l) An employer with an approved self-insured private plan under § 3716 of this title may collect contributions from employees beginning on July 30, 2025.
19 Del. C. § 1305 — Delaware Code / Title 19 / Chapter 13 / Section 1305
§ Â
        1305. Public employer rights.
Status: in_force

A public employer is not required to engage in collective bargaining on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the public employer, its standards of services, overall budget, utilization of technology, the organizational structure and staffing levels and the selection and direction of personnel.
19 Del. C. § 2003 — Delaware Code / Title 19 / Chapter 20 / Section 2003
§ Â
        2003. Penalties [For application of this section, see 84 Del. Laws, c. 453, Â 3].
Status: in_force

(a) A service employee who has been discharged or otherwise not retained in violation of this chapter may bring an action as follows:

(1) Against the awarding authority, for any violation of § 2002(a) through (b) of this title.

(2) Against the successor employer, for any violation of § 2002(c) through (h) of this title.

(b) A person who refuses, fails, or neglects to comply with § 2002 of this title is liable to the service employee for punitive damages as follows:

(1) For a first violation, an amount not exceeding $2,500.

(2) For a second or subsequent violation, an amount not exceeding $5,000.

(3) Each work week during which there is a day when a violation occurs constitutes a separate violation.

(c) In addition to the damages under subsection (b) of this section, the court may do any of the following for a violation of § 2002 of this title:

(1) Award the service employee reasonable attorneys’ fees and costs.

(2) Require the violator to pay special damages, including back pay and interest on back pay.

(3) Require the violator to pay compensatory damages.

(4) Issue injunctive relief requiring a successor employer to do any of the following:

a. Employ service employees as required under this chapter.

b. Provide information as required under § 2002 of this title.
19 Del. C. § 1702 — Delaware Code / Title 19 / Chapter 17 / Section 1702
§ Â
        1702. Definitions.
Status: in_force

As used in this chapter:

(1) “Employee” means a person employed full or part-time by any employer, and shall include, but not be limited to, at-will employees, contract employees, independent contractors, and volunteer firefighters as defined in § 6651(c) of Title 16.

(2) “Employer” means any person, partnership, association, sole proprietorship, corporation or other business entity, including any department, agency, commission, committee, board, council, bureau, or authority or any subdivision of them in state, county or municipal government. One shall employ another if services are performed for wages or under any contract of hire, written or oral, express or implied.

(3) “Person” means an individual, sole proprietorship, partnership, corporation, association, or any other legal entity.

(4) “Public body” means all of the following:

a. A state-wide elected official, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of state government or employee of them;

b. A legislator or employee of the legislative branch of state government;

c. An elected official of a county, city, or school district or employee of them;

d. A law-enforcement agency or employee of that law-enforcement agency; and

e. A federal agency or employee of that federal agency.

(5) “Supervisor” means any individual to whom an employer has given the authority to direct and control the work performance of the affected employee or any individual who has the authority to take corrective action regarding the violation of a law, rule or regulation about which the employee complains.

(6) “Violation” means an act or omission by an employer, or an agent thereof, that is:

a. Materially inconsistent with, and a serious deviation from, standards implemented pursuant to a law, rule, or regulation promulgated under the laws of this State, a political subdivision of this State, or the United States, to protect employees or other persons from health, safety, or environmental hazards while on the employer’s premises or elsewhere; or

b. Materially inconsistent with, and a serious deviation from, financial management or accounting standards implemented pursuant to a rule or regulation promulgated by the employer or a law, rule, or regulation promulgated under the laws of this State, a political subdivision of this State, or the United States, to protect any person from fraud, deceit, or misappropriation of public or private funds or assets under the control of the employer.
19 Del. C. § 720 — Delaware Code / Title 19 / Chapter 7 / Subchapter III / Section 720
§ Â
        720. Short title.
Status: in_force

This subchapter may be cited as the “Persons With Disabilities Employment Protections Act.”
19 Del. C. § 1804 — Delaware Code / Title 19 / Chapter 18 / Section 1804
§ Â
        1804. Employer; adjustments to wages authorized.
Status: in_force

An employer may subtract from an employee’s earned wages any time such employee is away from that employee's place of employment for reason described in § 1803 of this title.
19 Del. C. § 1106 — Delaware Code / Title 19 / Chapter 11 / Section 1106
§ Â
        1106. Deceased employees.
Status: in_force

(a) In the event of the death of an employee the wages due the employee by an employer not in excess of $300 may, upon proper demand, be paid in the absence of actual notice of the pendency of probate proceedings without requiring letters testamentary or of administration in the following order of preference to decedent’s:

(1) Surviving children under 21 years of age, to the parent, guardian or other person having custody of such child, in equal shares;

(2) Surviving spouse;

(3) Surviving children 21 years of age and over, in equal shares;

(4) Parents, in equal shares or survivor.

(b) Payments under this section shall be a release and discharge of the employer to the amount of such payment.
19 Del. C. § 1108 — Delaware Code / Title 19 / Chapter 11 / Section 1108
§ Â
        1108. Duty of employer regarding notification, posting and records.
Status: in_force

It shall be the duty of every employer of over 3 employees to:

(1) Notify each employee in writing, at the time of hiring, of the rate of pay and of the day, hour and place of payment;

(2) Notify each employee in writing or through a posted notice maintained in a place accessible to the employees and where they normally pass of any reduction in the regular rate of pay, and day, hour and place of payment prior to the time of such reduction;

(3) Make available to each employee in writing or through a poster notice maintained in a place accessible to the employees and where they normally pass employment practices and policies with regard to vacation pay, sick leave and comparable matters;

(4) Furnish to each employee at the time of payment a statement, either on the check, or by a separate slip, or electronically, so long as the electronic statement is in a form capable of being retained by the employee, showing the wages due, the pay period for which the wages are due and the total amount of deductions, separately specified, which have been made from the wages due, provided such statement shall, for an employee who is paid at an hourly rate, show the total number of hours for the said pay period.

Where the statement is furnished electronically, an employee may request that the statement be provided in written form on a separate slip.

(5) Post and maintain in a place accessible to the employees and where they normally pass a summary of this chapter to be supplied by the Department upon request without charge;

(6) Make, keep and preserve for a period not less than 3 years the records specified in the chapter, including wage and hour records, in or about the premises or place of business or employment or at 1 or more central record keeping offices, and make such reports therefrom to the Department as it shall deem by regulation to be necessary or appropriate to administer or enforce this chapter.
19 Del. C. § 702 — Delaware Code / Title 19 / Chapter 7 / Subchapter I / Section 702
§ Â
        702. Payment of wages for railroad employees every 2 weeks.
Status: in_force

(a) Every corporation or joint stock association operating a steam, electric or diesel surface railroad or engaged in the sleeping car business and every person carrying on such a business, by lease or otherwise, shall pay to each employee every 2 weeks the wages earned to a day not more than 14 days prior to the date of such payment. This section shall not apply to any person employed in a bona fide executive, administrative or professional capacity.

(b) Every corporation or joint stock association or person carrying on such a business by lease or otherwise who knowingly does not pay the wages of all its or that person’s employees in accordance with this section, and the officers of such corporation or joint stock association who knowingly permit a corporation or joint stock association to violate this section by failing to pay the wages of any of its employees, 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.
19 Del. C. § 1501 — Delaware Code / Title 19 / Chapter 15 / Section 1501
§ Â
        1501. Registered contractors.
Status: in_force

(a) If an employer of migratory or seasonal agricultural labor enters into a contract or agreement with an independent farm labor contractor engaging in interstate recruitment of farm labor as defined in the federal Farm Labor Contractor Registration Act, 7 U.S.C. § 2041 et seq., that employer shall enter into such contract or agreement only after making reasonable efforts to assure that such independent farm labor contractor is in possession of a duly issued certificate of registration from the United States Secretary of Labor pursuant to the Farm Labor Contractor Registration Act.

(b) A good faith presentation to an employer of migratory or seasonal agricultural labor of a prima facie valid certificate of registration under the Farm Labor Contractor Registration Act shall satisfy the obligations imposed upon such employer under this section.
19 Del. C. § 1110 — Delaware Code / Title 19 / Chapter 11 / Section 1110
§ Â
        1110. Provisions of law may not be waived by agreement.
Status: in_force

Except as provided in this chapter, no provision of this chapter may in any way be contravened or set aside by private agreement.
19 Del. C. § 3514 — Delaware Code / Title 19 / Chapter 35 / Section 3514
§ Â
        3514. Public posting of violators.
Status: in_force

The Department shall post, on its website, a list of employers who are the subject of a final determination or decision, including all appeals, that such employer has violated this chapter. The name of an employer who violates this chapter shall remain on the Department’s website for a period of 3 years from the date the final determination or decision was issued.
19 Del. C. § 732 — Delaware Code / Title 19 / Chapter 7 / Subchapter IV / Section 732
§ Â
        732. Inspection of personnel files.
Status: in_force

An employer shall, at a reasonable time, upon request of an employee, permit that employee to inspect that employee’s own personnel files used to determine that employee’s own qualifications for employment, promotion, additional compensation, termination or disciplinary action. The employer shall make these records available during the regular business hours of the office where these records are usually and ordinarily maintained, when sufficient time is available during the course of a regular business day to inspect the personnel files in question. The employer may require the requesting employee to inspect such records on the free time of the employee. At the employer’s discretion, the employee may be required to file a written form to request access to the personnel file. This form is solely for the purpose of identifying the requesting individual to avoid disclosure to ineligible individuals. To assist the employer in providing the correct records to meet the employee’s need, the employee shall indicate in the written request either the purpose for which the inspection is requested or the particular parts of the employee’s personnel record which the employee wishes to inspect.
19 Del. C. § 906 — Delaware Code / Title 19 / Chapter 9 / Section 906
§ Â
        906. Wage rate for learners and apprentices.
Status: in_force

For any occupation, the Department may provide by regulations, after public hearing, upon reasonable notice, at which any person may be heard, for the employment of learners and apprentices at such wages lower than the minimum rate under this chapter as the Department may deem necessary or appropriate to prevent curtailment of opportunities for employment. No employee shall be employed at wages fixed pursuant to this section except under applicable regulations of the Department. Such regulations shall, except as may be otherwise provided by the Department, take effect upon publication.
19 Del. C. § 3350C — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3350C
§ Â
        3350C. Determination of schedule in effect for an assessment rate year.
Status: in_force

(a) For purposes of this section:

(1) “Average high cost multiple” for an assessment rate year means the reserve ratio divided by the average high cost rate.

(2) “Average high cost rate” for an assessment rate year shall be calculated as follows:

a. For each of the 20 calendar years ending 2 calendar years prior to the assessment rate year, the “benefit cost rate” for each calendar year shall be calculated as follows:

1. Calculate the amount of benefits paid to all eligible individuals with respect to employment by any employer in that calendar year minus the amount of benefits paid to all eligible individuals with respect to employment by reimbursable employers in that calendar year;

2. Divide the figure derived in paragraph (a)(2)a.1. of this section by the covered wages during the 4 calendar quarters ending on December 31 in that calendar year.

b. From the calendar years used in paragraph (a)(2)a. of this section, add the 3 calendar years with the highest benefit cost rates and divide that total by 3. This result is the “average high cost rate.”

(3) “Reserve ratio” means the Unemployment Trust Fund balance as of September 30 of the prior assessment rate year divided by the covered wages for the 12 months ending June 30 of the prior assessment rate year.

(b) The Department shall determine which schedule (Schedule A through Schedule H in § 3350D(e)(5) of this title) will be in effect for an assessment rate year in the following manner:

(1) On or before December 31 of the prior assessment rate year, the Department shall calculate the average high cost multiple for the assessment rate year.

(2) Based on the value of the average high cost multiple, the Department shall use the following to determine which schedule will apply for the next assessment rate year:

a. Schedule A in § 3350D(e)(5) of this title is in effect for any assessment rate year in which the average high cost multiple is greater than 1.40.

b. Schedule B in § 3350D(e)(5) of this title is in effect for any assessment rate year in which the average high cost multiple is greater than 1.20 and less than or equal to 1.40.

c. Schedule C in § 3350D(e)(5) of this title is in effect for any assessment rate year in which the average high cost multiple is greater than 1.0 and less than or equal to 1.20.

d. Schedule D in § 3350D(e)(5) of this title is in effect for any assessment rate year in which the average high cost multiple is greater than 0.8 and less than or equal to 1.0.

e. Schedule E in § 3350D(e)(5) of this title is in effect for any assessment rate year in which the average high cost multiple is greater than 0.6 and less than or equal to 0.8.

f. Schedule F in § 3350D(e)(5) of this title is in effect for any assessment rate year in which the average high cost multiple is greater than 0.4 and less than or equal to 0.6.

g. Schedule G in § 3350D(e)(5) of this title is in effect for any assessment rate year in which the average high cost multiple is greater than 0.2 and less than or equal to 0.4.

h. Schedule H in § 3350D(e)(5) of this title is in effect for any assessment rate year in which the average high cost multiple is less than or equal to 0.2.
19 Del. C. § 2363 — Delaware Code / Title 19 / Chapter 23 / Subchapter III / Section 2363
§ Â
        2363. Third person liable for injury; right of employee to sue and seek compensation; right of employer and insurer to enforce liability; notice of action; settlement and release of claim and effect thereof; amount of recovery; reimbursement of employer or insurer; expenses of recovery; apportionment; compensation benefits.
Status: in_force

(a) Where the injury for which compensation is payable under this chapter was caused under circumstances creating a legal liability in some person other than a natural person in the same employ or the employer to pay damages in respect thereof, the acceptance of compensation benefits or the taking of proceedings to enforce compensation payments shall not act as an election of remedies, but such injured employee or the employee’s dependents or their personal representative may also proceed to enforce the liability of such third party for damages in accordance with this section. If the injured employee or the employee’s dependents or personal representative does not commence such action within 260 days after the occurrence of the personal injury, then the employer or its compensation insurance carrier may, within the period of time for the commencement of actions prescribed by statute, enforce the liability of such other person in the name of that person. Not less than 30 days before the commencement of suit by any party under this section, such party shall notify, by certified mail at their last known address, the Industrial Accident Board, the injured employee or, in the event of the employee’s death, the employee’s known dependents or personal representative or the employee’s known next of kin, the employee’s employer and the workers’ compensation insurance carrier. Any party in interest shall have a right to join in said suit.

(b) Prior to the entry of judgment, either the employer or the employer’s insurance carrier or the employee or the employee’s personal representative may settle their claims as their interest shall appear and may execute releases therefor.

(c) Such settlement and release by the employee shall not be a bar to action by the employer or its compensation insurance carrier to proceed against said third party for any interest or claim it might have, and such settlement and release by the employer or its compensation insurance carrier shall not be a bar to action by the employee to proceed against said third party for any interest or claim the employee may have.

(d) In the event the injured employee or the employee’s dependents or personal representative shall settle their claim for injury or death, or commence proceedings thereon against the third party before the payment of workers’ compensation, such recovery or commencement of proceedings shall not act as an election of remedies and any moneys so recovered shall be applied as provided in this section.

(e) In an action to enforce the liability of a third party, the plaintiff may recover any amount which the employee or the employee’s dependents or personal representative would be entitled to recover in an action in tort. Any recovery against the third party for damages resulting from personal injuries or death only, after deducting expenses of recovery, shall first reimburse the employer or its workers’ compensation insurance carrier for any amounts paid or payable under the Workers’ Compensation Act to date of recovery, and the balance shall forthwith be paid to the employee or the employee’s dependents or personal representative and shall be treated as an advance payment by the employer on account of any future payment of compensation benefits, except that for items of expense which are precluded from being introduced into evidence at trial by § 2118 of Title 21, reimbursement shall be had only from the third-party liability insurer and shall be limited to the maximum amounts of the third party’s liability insurance coverage available for the injured party, after the injured party’s claim has been settled or otherwise resolved.

(f) Expenses of recovery shall be the reasonable expenditures, including attorney fees, incurred in effecting such recovery. Attorney fees, unless otherwise agreed upon, shall be divided among the attorneys for the plaintiff as directed by the court. The expenses of recovery above mentioned shall be apportioned by the court between the parties as their interests appear at the time of said recovery.
19 Del. C. § 113 — Delaware Code / Title 19 / Chapter 1 / Section 113
§ Â
        113. Rules for mediation of labor disputes.
Status: in_force

The Secretary may adopt, alter, amend or repeal such rules in connection with the voluntary mediation of labor disputes as may be necessary for the proper administration and enforcement of this chapter.
19 Del. C. § 3504 — Delaware Code / Title 19 / Chapter 35 / Section 3504
§ Â
        3504. Duties of the Department.
Status: in_force

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

(b) The Department shall investigate, as necessary, to determine compliance with this chapter.

(c) As part of the Department’s investigation, the Department is permitted to:

(1) Enter and inspect the premises or place of business, employment, or work site, and upon demand examine and copy, wholly or partly, any or all books, registers, payrolls, and other records, including those required to be made, kept and preserved under this chapter or any regulation published thereunder;

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

(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 remuneration pertaining to employees, or require from any employer complete and accurate copies of written notices pertaining to independent contractors, which are maintained by the employer pursuant to § 3511(c) of this title;

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

(5) 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 or entity to comply with any subpoena lawfully issued, or on the refusal of any witness to testify to any matter 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.

(d) Following an investigation in which the Department makes an initial determination that an employer has violated 1 or more of the provisions of this chapter or any regulation published hereunder, the Department shall notify an employer of such initial determination and shall provide the employer with an opportunity to appeal the Department’s determination in accordance with the Administrative Procedures Act [Chapter 101 of Title 29]. Following notification of the employer and the opportunity for an administrative appeal of the Department’s initial determination, the Department may institute actions in the Superior Court for penalties for any violation of this chapter or any regulation published hereunder.

(e) Nothing contained in this chapter shall be deemed a limitation on any power or authority of the Department under any law of this State which may be otherwise applicable to the Department’s ability to administer or enforce the provisions of this chapter.
19 Del. C. § 3368 — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3368
§ Â
        3368. Execution of judgments.
Status: in_force

(a) In general. —

If an employer liable to pay any assessment, interest, or penalty under this title neglects or refuses to pay the amount after a judgment has been obtained under § 3361 of this title, or otherwise, the Department may execute on the judgment.

(b) Warrants for levy and sale of property. —

The Department may issue a warrant directed to the sheriff of any county of this State commanding the sheriff to levy on and sell the personal or real property of the employer for the payment of the amount of the judgment and the cost of executing the warrant. The sheriff shall return the warrant to the Department and pay to the Department the money collected by virtue thereof within 60 days after receipt of the warrant. A copy of the warrant must be filed with the prothonotary of Superior Court and noticed on the regular judgment docket. All sales of real and personal property under authority of this section must be made under the provisions of Title 10.

(c) Garnishment of bank accounts of employers. —

Notwithstanding § 3502 or § 4913(b) of Title 10, the Department may issue a notice of garnishment directed to a bank, commanding the garnishee to set aside, account for, and pay over to the Department on account of the debt any property owed to or held for the employer debtor by the bank on the date of service of the notice of garnishment. A copy of the notice of garnishment or an abstract thereof must be filed with the prothonotary of Superior Court and the fact of the garnishment noticed on the regular judgment docket.

(d) Garnishment of wages, salaries, and other amounts due from employers. —

The Department may issue a notice of garnishment directed to a person owing to or holding for an employer who is a judgment debtor any wages, salaries, money, credits and effects, contract rights, or securities. The notice of garnishment must command the garnishee to set aside, account for, and pay over to the Department on account of the judgment all property then in the garnishee’s possession or which may become due to the judgment debtor by the garnishee, until the judgment and costs of execution are paid. A copy of the notice of garnishment or an abstract thereof must be filed with the prothonotary of Superior Court and the fact of the garnishment noticed on the regular judgment docket. The Department shall notify the garnishee in writing when the judgment and costs have been satisfied.

(e) Duties of garnishee and penalties for failure to garnish. —

(1) A person receiving a notice of garnishment under subsection (c) or (d) of this section shall respond to the Department within 20 days after service of the notice, not counting the date of service.

(2) A garnishee who knowingly fails to comply with a notice of garnishment after notice and assessment under subsection (d) of this section is liable for a penalty equal to the amount the garnishee was required to set aside, account for, and pay over to the Department.

(3) Within 30 days after the date of mailing of a notice of proposed assessment of a penalty under this subsection, the garnishee may file a written protest against the proposed assessment of penalty with the Department in which the garnishee must set forth the grounds on which the protest is based. If a protest is filed, the Director of the Division of Unemployment Insurance, as designee of the Secretary of Labor, shall reconsider the proposed assessment of penalty and, if requested by the garnishee, shall grant the garnishee an oral hearing before an appeals tribunal under § 3319 of this title. The appeals tribunal decision is final and not subject to further appeal.

(4) A penalty under paragraph (e)(2) of this section becomes final 30 days after the mailing of the notice of proposed assessment of the penalty, except for those amounts for which the garnishee has filed a timely written protest with the Department under paragraph (e)(3) of this section.

(f) Notwithstanding § 3502 of Title 10, property, legal or equitable, wages, salaries, deposits, or moneys in banks, savings institutions, or loan associations, or other property or income of an employer owing tax assessments to the Department is not exempt from execution or attachment process issued on, or from collection of, a judgment obtained under § 3361 of this title.
19 Del. C. § 505 — Delaware Code / Title 19 / Chapter 5 / Section 505
§ Â
        505. Minors under 14 years of age.
Status: in_force

A minor under the age of 14 years shall not be employed or permitted to work.
19 Del. C. § 719A — Delaware Code / Title 19 / Chapter 7 / Subchapter II / Section 719A
§ Â
        719A. Volunteer firefighters, ambulance personnel and ladies auxiliary.
Status: in_force

It shall be an unlawful employment practice for an employer to discriminate in the hiring or discharging of an individual because of such individual’s membership in a volunteer emergency responder organizer. This section shall not prevent an employer from taking otherwise lawful actions regarding hiring, discharging or requiring attendance of such individual. For purposes of this section “volunteer emergency responder” means a volunteer firefighter, a member of a ladies auxiliary of a volunteer fire company, volunteer emergency medical technician and/or a volunteer fire police officer.
19 Del. C. § 2308 — Delaware Code / Title 19 / Chapter 23 / Subchapter I / Section 2308
§ Â
        2308. Applicability â Executive officers; sole proprietors and partners.
Status: in_force

(a) Executive officers of covered employers are included within this chapter; provided, however, that as many as 8 officers who are stockholders of a corporation or as many as 8 individuals who are members of a limited liability company may be exempted from this chapter if the corporation and the exempted corporate officers or the limited liability company and the exempted members agree in writing to such an exemption. Anyone or all of the officers who are stockholders of a corporation or anyone or all members of the limited liability company who elect an exemption shall for the purposes of § 2306 of this title be considered employees.

(b) Sole proprietors and partners are not included within this chapter, but such sole proprietor or partner may elect coverage in accordance with § 2306 of this title.

(c) Members of the immediate family of a sole proprietor or partner are included within this chapter; provided, however, that any such person may be exempted from this chapter if that person agrees in writing to such an exemption.
19 Del. C. § 3350E — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3350E
§ Â
        3350E. Industry assessment rate.
Status: in_force

(a) For purposes of this section:

(1) “Industry assessment rate level” means the level on the ranked list that corresponds to all NAICS Codes with the same percent of benefit charges, as calculated in subsection (c) of this section.

(2) “Industry rate calculation period” means the 3 calendar years ending on December 31 of the second year prior to the assessment rate year.

(3) “NAICS Code” means the first 2 digits of the industry classification code assigned to each employer by the Department in accordance with established classification practices found in the most current North American Industry Classification System (NAICS) Manual prepared by the United States Office of Management and Budget.

(b) Annual assignment of industry assessment rates to rated and new employers.

(1) When an employer first becomes liable under this chapter, the Department shall assign each employer a NAICS Code, in accordance with established classification practices found in the most current NAICS Manual prepared by the United States Office of Management and Budget.

(2) The Department shall determine in its discretion which NAICS Code to assign to each rated and new employer. That assignment shall be reviewable only for abuse of discretion.

(3) Each assessment rate year, no later than December 31, the Department will assign each rated and new employer with any industry assessment rate in effect for the next assessment rate year for its assigned NAICS Code, calculated pursuant to subsection (c) of this section.

(c) Setting of industry assessment rate assignment table every 3 years.

(1) Beginning in 2026 and every third year thereafter, no later than December 31, the Department shall calculate the amount of the industry assessment rate to be in effect for each NAICS Code for the following assessment rate year and the next 2 successive assessment rate years in the following manner:

a. For each NAICS Code that has rated employers assigned to it, the Department shall calculate the aggregate amount of benefit charges for all rated employers assigned that NAICS Code during the industry rate calculation period.

b. The Department shall then divide the aggregate amount of benefit charges for all rated employers assigned each NAICS Code during the industry rate calculation period by the aggregate taxable wages for all rated employers during the industry rate calculation period to determine the “percentage of benefit charges” for each NAICS Code. The percentage of benefit charges shall be carried out to the sixth decimal place.

c. The Department shall then create a ranked list of the NAICS Codes that have rated employers assigned to them. The ranked list shall start with the NAICS Code with the highest percentage of benefit charges and progress through the NAICS Code with the lowest percentage of benefit charges.

(2) All NAICS Codes that have the same percent of benefit charges shall be in the same industry assessment rate level.

(3) Each industry assessment rate level will have at least 1 NAICS Code assigned to it.

(4) The industry assessment rate levels that have the 5 highest percentage of benefit charges in the ranking shall be assigned an industry assessment rate as follows:

a. The industry assessment rate for the NAICS Code(s) with the highest percent of benefit charges (“Industry Assessment Rate Level 5”) will be 0.75%.

b. The industry assessment rate for the NAICS Code(s) with the second highest percent of benefit charges (“Industry Assessment Rate Level 4”) will be 0.60%.

c. The industry assessment rate for the NAICS Code(s) with the third highest percent of benefit charges (“Industry Assessment Rate Level 3”) will be 0.50%.

d. The industry assessment rate for the NAICS Code(s) with the fourth highest percent of benefit charges (“Industry Assessment Rate Level 2”) will be 0.30%.

e. The industry assessment rate for the NAICS Code(s) with the fifth highest percent of benefit charges (“Industry Assessment Rate Level 1”) will be 0.20%.

(5) All employers with NAICS Codes in the same industry assessment rate level shall be assigned the same industry assessment rate.

(6) NAICS Codes that are ranked lower than the 5 highest percentage benefit charges in the ranking shall be assigned an industry assessment rate of 0.00%.
19 Del. C. § 3727 — Delaware Code / Title 19 / Chapter 37 / Section 3727
§ Â
        3727. Execution of judgments.
Status: in_force

(a) In general. —

If any person liable to pay any assessment, interest, or penalty under this title or other title subject to this chapter neglects or refuses to pay such amount after a judgment has been obtained pursuant to § 3718 of this title, or otherwise, the Department may execute upon such judgment as provided herein.

(b) Warrants for levy and sale of property. —

The Department may issue a warrant directed to the sheriff of any county of this State commanding the sheriff to levy upon and sell the personal or real property of the debtor for the payment of the amount of the judgment and the cost of executing the warrant. The sheriff must return the warrant to the Department and pay to the Department the money collected by virtue thereof within 60 days after receipt of the warrant. A copy of the warrant must be filed with the Prothonotary and noticed on the regular judgment docket. All sales of real and personal property under authority of this section must be made pursuant to the provisions of Title 10.

(c) Garnishment of bank accounts. —

The Department may issue a notice of garnishment directed to any bank, commanding said garnishee, notwithstanding the provisions of § 3502 or § 4913(b) of Title 10, to set aside, account for, and pay over to the Department on account of the debt any property owed to or held for the debtor by said bank. A copy of the notice of garnishment or an abstract thereof must be filed with the prothonotary and the fact of the garnishment noticed on the regular judgment docket.

(d) Garnishment of wages, salaries, and other amounts due from employers. —

The Department may issue a notice of garnishment directed to a person owing to or holding for an employer who is a judgment debtor any wages, salaries, money, credits and effects, contract rights, or securities. The notice of garnishment must command the garnishee to set aside, account for, and pay over to the Department on account of the judgment all property then in the garnishee’s possession or which may become due to the judgment debtor by the garnishee, until the judgment and costs of execution are paid. A copy of the notice of garnishment or an abstract thereof must be filed with the prothonotary of Superior Court and the fact of the garnishment noticed on the regular judgment docket. The Department must notify the garnishee in writing when the judgment and costs have been satisfied.

(e) Duties of garnishee and penalties for failure to garnish. —

(1) A person receiving a notice of garnishment under subsection (c) or (d) of this section must respond to the Department within 20 days after service of the notice, not counting the date of service.

(2) A garnishee who knowingly fails to comply with a notice of garnishment after notice and assessment under subsection (d) of this section is liable for a penalty equal to the amount the garnishee was required to set aside, account for, and pay over to the Department.

(3) Within 30 days after the date of mailing of a notice of proposed assessment of a penalty under this subsection, the garnishee may file a written protest against the proposed assessment of penalty with the Department in which the garnishee must set forth the grounds on which the protest is based. If a protest is filed, the Director of the Division of Paid Leave, as designee of the Secretary of Labor, must reconsider the proposed assessment of penalty and, if requested by the garnishee, must grant the garnishee an oral hearing before the Family and Medical Leave Insurance Appeal Board (Board) under § 3711 of this title. The Board’s decision is final and not subject to further appeal.

(4) A penalty under paragraph (e)(2) of this section becomes final 30 days after the mailing of the notice of proposed assessment of the penalty, except for those amounts for which the garnishee has filed a timely written protest with the Department under paragraph (e)(3) of this section.

(f) Notwithstanding § 3502 of Title 10, property, legal or equitable, wages, salaries, deposits, or moneys in banks, savings institutions, or loan associations, or other property or income of an employer owing tax assessments to the Department is not exempt from execution or attachment process issued on, or from collection of, a judgment obtained under § 3718 of this title.
19 Del. C. § 1609 — Delaware Code / Title 19 / Chapter 16 / Subchapter I / Section 1609
§ Â
        1609. Unfair labor practices â Appeals; petitions for enforcement.
Status: in_force

(a) Any person or party adversely affected by a decision of the Board under § 1608 or § 1615 of this title may appeal that decision to the Chancery Court of this State. Such an appeal must be filed within 15 days of the date upon which the decision was rendered and shall not automatically act as a stay.

(b) The Board may petition the Chancery Court of this State for enforcement of any order issued under § 1608 or § 1615 of this title.
19 Del. C. § 2326 — Delaware Code / Title 19 / Chapter 23 / Subchapter II / Section 2326
§ Â
        2326. Compensation for certain permanent injuries.
Status: in_force

(a) For all permanent injuries of the following classes, the compensation to be paid regardless of the earning power of the injured employee after the injury shall be as follows:

For the loss of a hand, 66â % of wages during 220 weeks;

For the loss of an arm, 66â % of wages during 250 weeks;

For the loss of a foot, 66â % of wages during 160 weeks;

For the loss of a leg, 66â % of wages during 250 weeks;

For the loss of 2 or more of such members, not constituting total disability, 66â % of wages during the aggregate of the period specified for each;

For the loss of a thumb, 66â % of wages during 75 weeks;

For the loss of a first finger, commonly called index finger, 66â % of wages during 50 weeks;

For the loss of a second finger, 66â % of wages during 40 weeks;

For the loss of a third finger, 66â % of wages during 30 weeks;

For the loss of a fourth finger, commonly called little finger, 66â % of wages during 20 weeks;

The loss of the first phalange of the thumb or any finger shall be considered to be equal to the loss of one half of such thumb or finger and compensation shall be for one half of the period, and compensation for the loss of one half of the first phalange shall be for one fourth of the period;

The loss of more phalanges than 1 shall be considered as the loss of the entire finger or thumb, provided, however, that in no case shall the amount received for more than 1 finger exceed the amount provided in this schedule for the loss of a hand;

The loss of 3 fingers or 2 fingers and a thumb of the same hand shall be considered as the loss of one half of the hand, and compensation shall be paid for such loss for a period of 110 weeks, or compensation shall be paid for the loss of 3 fingers or 2 fingers and a thumb of the same hand for the number of weeks stated in the above schedule for such a loss, whichever is greater;

For the loss of a great toe, 66â % of wages during 40 weeks;

For the loss of 1 of the toes, other than the great toe, 66â % of wages during 15 weeks;

The loss of the first phalange of any toe shall be considered to be equal to the loss of one half of such toe, and compensation shall be for one half of such period;

The loss of more phalanges than 1 shall be considered as the loss of the entire toe;

For the loss of an eye, 66â % of wages during 200 weeks;

For the loss of a fractional part of the vision of an eye, the compensation shall be for such percentage of the total number of weeks allowed for the total loss of the use of an eye under this section as the loss suffered bears to the total loss of an eye.

(b) Amputation to the ankle or any part of the foot, not including the toes, shall be considered as the equivalent of the loss of a foot. Amputation above the ankle shall be considered as the loss of a leg.

(c) Total loss of the use of a hand, arm, foot, leg or eye shall be considered as the equivalent of the loss of such hand, arm, foot, leg or eye.

(d) In all other cases of permanent injury of the classes specified in subsection (a) of this section, or when the usefulness of a member or any physical function is permanently impaired, the compensation shall bear such relation to the number of weeks stated in the schedule set forth in subsection (a) of this section as the disabilities bear to those produced by the injury named in the schedule.

(e) Unless the Board otherwise determines from the facts, the loss of both hands, or both arms, or both feet, or both legs, or both eyes, or an injury to the spine resulting in permanent and complete paralysis of both legs, or both arms, or 1 leg and 1 arm, or an injury to the skull resulting in incurable imbecility or insanity, shall constitute total disability for work, to be compensated according to § 2324 of this title.

Amputation between the palmar surface of the hand and the shoulder shall be considered as the loss of an arm, and compensation shall be paid for such injury for a period of 250 weeks. Amputation for 50% of the palmar surface of the hand shall be considered as the loss of the hand and compensation shall be paid for a period of 220 weeks.

(f) The Board shall award proper and equitable compensation for serious and permanent disfigurement to any part of the human body up to 150 weeks, provided that such disfigurement is visible and offensive when the body is clothed normally, which shall be paid to the employee at the rate of 66â % of wages. In the event that the nature of the injury causes both disfigurement to and loss or loss of use of the same part of the human body, the maximum compensation payable under this subsection for that part of the body shall be the higher of either:

(1) The amount of compensation found to be due for disfigurement without regard to compensation for loss of or loss of use; or

(2) The amount of compensation due for loss of or loss of use plus 20% thereof for disfigurement.

For the complete loss of hearing of 1 ear, the employee shall receive compensation at the rate of 66â % of wages for a period of 75 weeks.

For the complete loss of hearing in both ears, the employee shall receive 66â % of wages for a period of 175 weeks.

For the loss of a fractional part of hearing, the compensation shall be for such percentage of the total loss of weeks allowed for the total loss of hearing under this section as the loss suffered bears to the total loss of hearing.

(g) The Board shall award proper and equitable compensation for the loss of any member or part of the body or loss of use of any member or part of the body up to 300 weeks which shall be paid at the rate of 66â % of wages, but no compensation shall be awarded when such loss was caused by the loss of or the loss of use of a member of the body for which compensation payments are already provided by the terms of this section.

(h) The compensation provided for in subsections (a)-(g) of this section shall not be more than 66â % of the average weekly wage per week as announced by the Secretary of Labor for the last calendar year for which a determination of the average weekly wage has been made, nor less than 222/9% of the average weekly wage per week. If at the time of the injury the employee receives wages less than 222/9% of the average weekly wage per week, then the employee shall receive the full amount of such wages per week as compensation.

(i) Subject to subsection (e) of this section, the compensation provided for in subsections (a)-(h) of this section shall be paid in addition to the compensation provided for in §§ 2324 and 2325 of this title.
19 Del. C. § 1603 — Delaware Code / Title 19 / Chapter 16 / Subchapter I / Section 1603
§ Â
        1603. Employee rights.
Status: in_force

Employees shall have the right to:

(1) Organize, form, join or assist any employee organization, provided that membership in, or an obligation to pay any dues, fees, assessments or other charges to, an employee organization shall not be required as a condition of employment.

(2) Negotiate collectively or grieve through representatives of their own choosing.

(3) Engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection insofar as any such activity is not prohibited by this chapter or any other law of the State.

(4) Be represented by their exclusive representative, if any, without discrimination.
19 Del. C. § 3360 — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3360
§ Â
        3360. Assessments, penalties and interest as debt to Fund; reduction to judgment; other means of collection.
Status: in_force

(a) The assessments, penalties and interest due from the employer under this chapter, from the time they become due, shall be a debt of the employer to the Unemployment Compensation Fund and may be reduced to judgment in accordance with §§ 3358 and 3361 of this title, except that the interest and penalty from the employer under this title after September 30, 1967, and the additional emergency assessment required under § 3391 of this title shall be a debt of the employer to the Special Administration Fund of the Department of Labor.

(b) The Department shall collect assessments, penalties, and interest due from an employer under this chapter and the Department may establish the mode or time for the collection of any amount due under this chapter.

(c) In addition to the methods of collection authorized by this chapter, the Department may collect overpayments, interest, penalties, and other liabilities due from any employer under this chapter as provided in § 545 of Title 30, § 6402 of the Federal Internal Revenue Code (26 U.S.C. § 6402), § 303(m) of the Social Security Act (42 U.S.C. § 503(m)), and any other means available under federal or state law.
19 Del. C. § 714 — Delaware Code / Title 19 / Chapter 7 / Subchapter II / Section 714
§ Â
        714. Civil action by the charging party; Delaware Right to Sue Notice; election of remedies.
Status: in_force

(a) A charging party may file a civil action in Superior Court, after exhausting the administrative remedies provided herein and receipt of a Delaware Right to Sue Notice acknowledging same.

(b) The Delaware Right to Sue Notice shall include authorization for the charging party to bring a civil action under this chapter in Superior Court by instituting suit within 90 days of its receipt or within 90 days of receipt of a federal Right to Sue Notice, whichever is later.

(c) The charging party shall elect a Delaware or federal forum to prosecute the employment discrimination cause of action so as to avoid unnecessary costs, delays and duplicative litigation. A charging party is barred by this election of remedies from filing cases in both Superior Court and the federal forum. If the charging party files in Superior Court and in a federal forum, the respondent may file an application to dismiss the Superior Court action under this election of remedies provision.
19 Del. C. § 1308 — Delaware Code / Title 19 / Chapter 13 / Section 1308
§ Â
        1308. Disposition of complaints.
Status: in_force

(a) The Board is empowered and directed to prevent any unfair labor practice described in § 1307(a) and (b) of this title and to issue appropriate remedial orders. Whenever it is charged that anyone has engaged or is engaging in any unfair practice as described in § 1307(a) and (b) of this title, the Board or any designated agent thereof shall have authority to issue and cause to be served upon such party a complaint stating the specific unfair practice charge and including a notice of hearing containing the date and place of hearing before the Board or any designated agent thereof. Evidence shall be taken and filed with the Board; provided, that no complaint shall issue based on any unfair labor practice occurring more than 180 days prior to the filing of the charge with the Board.

(b) (1) If, upon all the evidence taken, the Board shall determine that any party charged has engaged or is engaging in any such unfair practice, the Board shall state its findings of fact and conclusions of law and issue and cause to be served on such party an order requiring such party to cease and desist from such unfair practice, and to take such reasonable affirmative action as will effectuate the policies of this chapter, such as payment of damages and/or the reinstatement of an employee; provided however, that the Board shall not issue:

a. Any order providing for binding interest arbitration on any or all issues arising in collective bargaining between the parties involved; or

b. Any order, the effect of which is to compel concessions on any items arising in collective bargaining between the parties involved.

(2) If, upon the evidence taken, the Board shall determine that any party charged has not engaged or is not engaging in any such unfair practice, the Board shall state, in writing, its findings of fact and conclusions of law and issues and dismiss the complaint.

(3) The Board or any designated agent thereof shall issue its findings of fact and conclusions of law referenced in paragraphs (b)(1) and (2) of this section within 30 days of the close of the record.

(c) In addition to the powers granted by this section, the Board shall have the power, at any time during proceedings authorized by this section, to issue orders providing such temporary or preliminary relief as the Board deems just and proper subject to the limitations of subsection (b) of this section.
19 Del. C. § 730 — Delaware Code / Title 19 / Chapter 7 / Subchapter IV / Section 730
§ Â
        730. Short title.
Status: in_force

This subchapter may be cited as the “Right to Inspect Personnel Files Act.”
19 Del. C. § 508 — Delaware Code / Title 19 / Chapter 5 / Section 508
§ Â
        508. Special permit for model, performer or entertainer.
Status: in_force

(a) Except as provided in subsection (b) of this section, no child under 16 years of age shall be employed, permitted or suffered to work for compensation of any kind as a model, performer or entertainer upon the stage of any theater or concert hall or in connection with any theatrical performance or other exhibition or show.

(b) The Department of Labor may issue a permit allowing a child under the age of 16 years to be employed as a model, performer or entertainer for a limited period, when, in its opinion, such permit is justified by the evidence presented to it.
19 Del. C. § 2377 — Delaware Code / Title 19 / Chapter 23 / Subchapter IV / Section 2377
§ Â
        2377. Substitute compensation systems; approval and termination.
Status: in_force

(a) Subject to the approval of the Department, any employer may enter into or continue any agreement with employees to provide a system of compensation, benefit or insurance in lieu of the compensation and insurance provided by this chapter.

(b) No such substitute system shall be approved unless it confers benefits upon injured employees at least equivalent to the benefits provided by this chapter, nor, if it requires contribution from the employees, unless it confers benefits in addition to those provided under this chapter at least commensurate with such contributions.

(c) Such substitute system may be terminated by the Department on reasonable notice and hearing to the interested parties, if it is shown that the system is not fairly administered or if its operation discloses latent defects threatening its solvency or if for any substantial reason it fails to accomplish the purposes of this chapter. Upon such termination the Department shall determine upon the proper distribution of all remaining assets, if any, subject to the right of any party in interest to take an appeal to the Superior Court.
19 Del. C. § 2306 — Delaware Code / Title 19 / Chapter 23 / Subchapter I / Section 2306
§ Â
        2306. Applicability â Employers.
Status: in_force

(a) Except as otherwise indicated, this chapter shall apply to the employer and employee in any employment in which 1 or more employees are engaged.

(b) In all cases where an employer not subject to this chapter carries insurance to insure the payment of compensation to the employees, then in any and all such cases such employer and employees shall come under this chapter, and all of the provisions thereof, with the same force and effect as in cases where an employer is subject to this chapter.

(c) Every employer shall keep a summary of this chapter, approved by the Department, and any applicable regulations published thereunder or a summary thereof, approved by the Department, posted in a conspicuous and accessible location in or about the premises or place of employment and where employees normally pass. Employers shall be furnished copies by the Department on request without charge.
19 Del. C. § 3165 — Delaware Code / Title 19 / Chapter 31 / Subchapter IV / Section 3165
§ Â
        3165. Reimbursement of Administration Fund by State.
Status: in_force

If any moneys received after June 30, 1941, from the Secretary of Labor of the United States under Title III of the Social Security Act [42 U.S.C. § 501 et seq.] or any unencumbered balances in the Unemployment Compensation Administration Fund as of that date or any moneys granted after that date to this State pursuant to the Wagner-Peyser Act [29 U.S.C. § 49 et seq.] or any moneys made available by this State or its political subdivisions are found by the Secretary of Labor of the United States because of any action or contingency to have been lost or been expended for purposes other than or in amounts in excess of those found necessary by the Secretary of Labor of the United States for the proper administration of this part, it is the policy of this State that such amounts shall be replaced from the moneys in the Special Administration Fund of the Department of Labor. Upon receipt of notice of such a finding by the Secretary of Labor of the United States, the Department shall promptly replace the amount required for such replacement from the Special Administration Fund, or, if the balance in this Fund is insufficient, it shall promptly report the amount required for such replacement to the Governor, and the Governor shall, at the earliest opportunity, submit to the General Assembly the request for the appropriation of such amount. This section and § 3164 of this title shall not be construed to relieve this State of its obligation with respect to funds received prior to July 1, 1941, pursuant to the provisions of Title III of the Social Security Act.
19 Del. C. § 3132 — Delaware Code / Title 19 / Chapter 31 / Subchapter II / Section 3132
§ Â
        3132. Authority to use federal grants; limitations.
Status: in_force

If § 303(a)(5) of Title III of the federal Social Security Act [42 U.S.C. § 503(a)(5)] and § 3304(a)(4) of the Internal Revenue Code [26 U.S.C. § 3304(a)(4)] are amended by the Congress of the United States to permit the Department to use, in financing administrative expenditures incurred in carrying out its employment security functions, some part of the moneys collected or to be collected under this part in partial or complete substitution for grants under Title III of the federal Social Security Act [42 U.S.C. § 501 et seq.], there shall be available to the Department without further appropriation or legislation such portion of the moneys collected or to be collected under this part, as the Department finds necessary for effective administration of this part. In no event shall the funds expended by the Department under this provision in any year be in excess of 2/10 of 1% of the payrolls of employers subject to assessments collected under this part for the previous fiscal year. Such amount shall be determined annually by the Department in conjunction with the Secretary of Finance and shall be transferred to the Administration Fund. Any unexpended portion of this annual allocation shall revert to the Unemployment Compensation Reserve Fund.
19 Del. C. § 913 — Delaware Code / Title 19 / Chapter 9 / Section 913
§ Â
        913. Right of collective bargaining.
Status: in_force

Nothing in this chapter shall be deemed to interfere with, impede or in any way diminish the right of employees to bargain collectively with their employers through representatives of their own choosing in order to establish wages or other conditions of work in excess of the minimum wage rate under this chapter.
19 Del. C. § 3321 — Delaware Code / Title 19 / Chapter 33 / Subchapter II / Section 3321
§ Â
        3321. Procedure on review; record of proceedings.
Status: in_force

(a) The manner in which disputed claims shall be presented and the conduct of hearings and appeals shall be in accordance with regulations prescribed by the Unemployment Insurance Appeal Board for determining the rights of the parties, whether or not such regulations conform to common-law or statutory rules of evidence and other technical rules of procedure.

(b) A full and complete record shall be kept of all proceedings in connection with a disputed claim. All testimony at any hearing upon a disputed claim shall be recorded but need not be transcribed unless the disputed claim is further appealed.
19 Del. C. § 2327 — Delaware Code / Title 19 / Chapter 23 / Subchapter II / Section 2327
§ Â
        2327. Compensation for subsequent permanent injury; special fund for payment.
Status: in_force

(a) Whenever a subsequent permanent injury occurs to an employee who has previously sustained a permanent injury, from any cause, whether in line of employment or otherwise, the employer for whom such injured employee was working at the time of such subsequent injury shall be required to pay only that amount of compensation as would be due for such subsequent injury without regard to the effect of the prior injury. Whenever such subsequent permanent injury in connection with a previous permanent injury results in total disability as defined in § 2326 of this title, the employee shall be paid compensation for such total disability, as provided in § 2324 of this title, during the continuance of total disability, such compensation to be paid out of a special fund known as “Workers’ Compensation Fund”; any insurance carrier desiring reimbursement from the Fund shall file a petition for payment, provided all claim for reimbursement shall be forever barred unless the insurance carrier files a petition with the Department for reimbursement for payments under this section within 2 years after the date on which the employee was first paid total disability benefits following the subsequent permanent injury.

(b) This section shall apply only to employers insured by insurance carriers. It shall not apply to self-insured employers who shall be responsible for payment of their own claims under this section and who shall not be eligible for further reimbursement for payments made under this section after the effective date of the Workers’ Compensation Improvement Act of 1997. Awards to self-insureds for reimbursements under this section are revoked as of the effective date of the Workers’ Compensation Improvement Act of 1997.
19 Del. C. § 2393 — Delaware Code / Title 19 / Chapter 23 / Subchapter V / Section 2393
§ Â
        2393. Notice to insurance carrier.
Status: in_force

Whenever any officer of the State is required to give any notice to an insurance carrier subject to Part II of this title, it may be given by personal delivery or by mailed certified letter properly addressed and stamped to the principal office or chief agent of such insurance carrier within this State or to its home office or to the secretary, general agent or chief officer thereof in the United States or to the Insurance Commissioner of the State.
19 Del. C. § 3403 — Delaware Code / Title 19 / Chapter 34 / Section 3403
§ Â
        3403. Summer Youth Employment Program.
Status: in_force

(a) There is hereby established within the Division of Employment and Training a State Summer Youth Employment Program. Youths chosen for work under the Delaware State Summer Youth Employment Program shall not be less than 14 years of age nor more than 20 years of age (except that work leaders may be 21 years of age) and shall be required to provide evidence of same before becoming eligible. All youths participating in the State-assisted program shall be required to present a letter from their parents or guardian indicating their consent to work. The letter shall also release the State and the sponsoring agency from any liability for assignments in the low-risk jobs that will be available.

(b) Preference shall be given to those youths that are members of households whose income does not exceed 200 percent of household poverty. Notwithstanding income limits provided for participation in the State Summer Youth Employment Program, consideration may be given to other applicants at a ratio of at least 8 applicants qualified on income to 3 applicants considered beyond the income limits.

(c) Any nonprofit or tax-exempt organization certified by the Department of Labor may be authorized to be a sponsoring agent for the State-assisted youth work program. Sponsoring agents shall be required to submit a plan or project that consists of meaningful and productive work experience. The plan or project shall provide such details as the Department shall deem necessary before becoming eligible as a sponsoring agent.

(d) The sponsoring agent shall provide 1 work leader for each 20 youths employed in the program to supervise and monitor the attendance and work performance of the youths selected for the program. Work leaders shall be paid the minimum wage and shall work no longer than 8 hours per day, 5 days per week.
19 Del. C. § 205 — Delaware Code / Title 19 / Chapter 2 / Section 205
§ Â
        205. Apprenticeship and Training Fund.
Status: in_force

(a) A special fund known as the Apprenticeship and Training Fund (“Fund”) is established and the State Treasurer shall invest the Fund consistent with the investment policies established by the Cash Management Policy Board. The State Treasurer shall credit interest to the Fund on a monthly basis consistent with the rate established by the Cash Management Policy Board.

(b) The following moneys must be deposited in the Fund:

(1) All payments made under § 6960A of Title 29.

(2) Any other money appropriated or transferred to the Fund by the General Assembly.

(c) The Department of Labor must allocate the money in the Fund at least annually, as follows:

(1) Twenty percent, after administrative costs, to the Apprenticeship and Training Section of the Department of Labor to do any of the following:

a. To promote and increase education and public awareness about registered apprenticeship and other occupational training.

b. To support pre-apprenticeship programs.

(2) Eighty percent, after administrative costs, to the Department of Education to support the related technical instruction of registered apprenticeship programs, including new areas of technical instruction for crafts that are in-demand by employers in this State, and to support pre-apprenticeship programs. The Department of Education shall disperse money from this Fund for the same purposes as other appropriations for adult trade extension and apprenticeship programs.

(3) No more than 15% of the money annually deposited into the Fund may be used for administering this Fund.

(d) Money in the Fund may not be used to supplant existing state funding.

(e) Notwithstanding paragraph (c)(3) of this section, money appropriated by the General Assembly to implement this section may be reimbursed from money received under this section.
19 Del. C. § 3716 — Delaware Code / Title 19 / Chapter 37 / Section 3716
§ Â
        3716. Private plans.
Status: in_force

(a) (1) Except as provided under subsection (e) of this section, an employer may apply to the Department for approval to meet the employer’s obligations under this chapter through a private plan. To be approved as meeting an employer’s obligations under this chapter, a private plan must do all of the following:

a. Provide 1 or more of the following:

1. Family caregiving leave to a covered individual for the reasons under § 3702(a)(2) and (a)(4) of this title for the maximum number of weeks in a benefit year required under § 3703(a)(2) of this title.

2. Medical leave to a covered individual for the reasons under § 3702(a)(3) of this title for the maximum number of weeks in a benefit year required under § 3703(a)(2) of this title.

3. Parental leave to a covered individual for the reasons under § 3702(a)(1) of this title for the maximum number of weeks in a benefit year required under § 3703(a)(1) of this title.

b. Allow a covered individual to take, in the aggregate, the maximum number of weeks of covered leave in a benefit year or 24-month period as required under § 3703(a) and (c) of this title.

c. If family caregiving leave is provided, allow family caregiving leave to be taken for all purposes specified under § 3702(a)(2) and (a)(4) of this title.

d. If family caregiving leave is provided, allow family caregiving leave under § 3702(a)(2) and (a)(4) of this title to be taken to care for any family member.

e. If medical leave is provided, allow medical leave under § 3702(a)(3) of this title to be taken by a covered individual with any serious health condition.

f. Provide a wage replacement rate during all covered leave of at least the amount required under § 3704(a)(1) of this title.

g. Provide a maximum weekly benefit during all covered leave of at least the amount specified under § 3704(a)(3) of this title.

h. Provide a minimum weekly benefit during all covered leave of at least the amount specified under § 3704(a)(2) of this title.

i. Allow covered leave to be taken intermittently or on a reduced schedule as authorized under § 3706 of this title.

j. Impose no additional conditions or restrictions on the use of covered leave beyond those explicitly authorized by this chapter or regulations issued under this chapter.

k. Allow an employee covered under the private plan who is eligible to take covered leave under this chapter to take covered leave under the private plan.

l. Provide that the cost to employees covered by a private plan is not greater than the cost charged to employees under the State program.

m. Provide an internal administrative review process and notice to employees of the option to appeal a final determination of the private plan to the Family and Medical Leave Insurance Appeal, consistent with § 3711 of this title.

(2) For a private plan to be approved as meeting an employer’s obligations under this chapter, the private plan must also comply with all of the following:

a. If the private plan is in the form of self-insurance, the employer must furnish a bond running to the State, with a surety company authorized to transact business in this State as surety, in a form as may be approved by the Department and in an amount as may be required by the Department. This paragraph (a)(2)a. does not apply to public employers.

b. Provide for all eligible employees throughout their period of employment.

c. If the private plan provides for insurance, the policy must be issued by an admitted insurer, as defined under § 1904 of Title 18.

d. Submit a certification to the Department, in a form regulated by the Department, certifying that the plan meets the obligations of this chapter

(3) The Department must accept applications for approval of an employer’s use of a private plan on a rolling basis, with effective dates of January 1, April 1, July 1, or October 1.

(b) An employer may provide all family and medical leave coverage through an approved private plan or may provide 1 or more of medical leave coverage, family caregiving leave coverage, or parental leave coverage using an approved private plan and provide the remaining coverage not provided through an approved private plan using the State program.

(c) The Department may withdraw approval for an employer’s use of a private plan granted under subsection (a) of this section when terms or conditions of the plan have been violated. The Department may withdraw approval for an employer’s use of a private plan for any of the following:

(1) Failure to pay approved benefits.

(2) Failure to pay benefits timely and in a manner consistent with the State program.

(3) Failure to maintain an adequate security deposit.

(4) Misuse of private plan trust funds.

(5) Failure to submit reports to the Department as required by regulations adopted by the Department.

(6) Failure to comply with this chapter or the regulations adopted under this chapter.

(d) An employee covered by a private plan approved under this section retains all applicable rights under §§ 3707 and 3708 of this title.

(e) (1) Private benefits in existence on May 10, 2022, that the Department deems to be comparable to the Family and Medical Leave Program under § 3713 of this title qualify as a private plan under this chapter for a period of 5 years from the start of contribution payments under § 3705 of this title if the Department’s approval of private plans under this subsection would not adversely impact the solvency of the Fund.

(2) The Department may determine comparable value through consideration of factors including wage replacement, length of leave, interrelated benefits, eligibility criteria, or frequency of allowed leave.

(3) An employer seeking to qualify as a private plan under this subsection must notify the Department before January 1, 2024.

(4) a. An employer may appeal the denial of an employer’s application under this subsection to the Department within 30 days of the issuance of the determination.

b. The Secretary shall conduct hearings of appeals filed under paragraph (e)(4)a. of this section under the Administrative Procedures Act, Chapter 101 of Title 29, except that these hearings are exempt from the public meeting requirements of Chapter 100 of Title 29 to protect confidential health and privacy information.

c. A decision under paragraph (e)(4)b. of this section is final and binding, unless appealed to the Superior Court within 30 days of the date of the decision under Chapter 101 of Title 29.

(f) The Department’s denial of an employer’s application under subsection (a) of this section or withdrawal of approval for an employer’s use of a private plan under subsection (c) of this section is subject to the appeal process under § 3711 of this title.

(g) An employer that meets the employer’s obligations under this chapter through a private plan may provide benefits greater than those required under paragraph (a)(1) of this section.

(h) An employer that meets its obligations under this chapter through a private plan is not required to provide claim documentation to the Department unless the claim is the subject of an appeal, complaint, audit, or specific inquiry from the Department. If an employer uses the state plan to meet its obligations under this chapter, all mandatory lines of coverage as required under this chapter must be provided by the employer through the state plan.

(i) If an employer that meets its obligations under this chapter through a private plan voluntarily elects to provide coverage for any reason listed under § 3702(a) of this title that is not a required type of coverage for that employer due to having fewer than 25 employees, all the provisions of this chapter are applicable as if the employer were a covered employer, including the right of employees to appeal under § 3711 of this title.
19 Del. C. § 3511 — Delaware Code / Title 19 / Chapter 35 / Section 3511
§ Â
        3511. Employer record-keeping requirements.
Status: in_force

(a) An employer shall keep, for at least 3 years, in or about its place of business, records of the employer containing the following information:

(1) The name, address, occupation, and classification of each employee or independent contractor;

(2) The rate of pay of each employee or method of payment for the independent contractor;

(3) The amount that is paid each pay period to each employee;

(4) The hours that each employee works each day and each work week;

(5) For all individuals who are not classified as employees, evidence including the written notice required by subsection (c) of this section and any other evidence in the employer’s possession which the employer believes is relevant to determine whether each individual is an exempt person, an independent contractor or an employee; and

(b) An employer shall provide each individual classified as an independent contractor or exempt person with written notice of such classification at the time the individual is hired.

(c) The written notice shall:

(1) Include an explanation of the implications of the individual’s classification as an independent contractor or exempt person rather than as an employee;

(2) Include contact information for the Department;

(3) Be provided in English and Spanish; and

(4) Be signed by both the employer and the independent contractor or by the employer and the exempt person, as the case may be.

(d) Failure to comply with the written notice requirement in subsection (c) of this section shall be evidence of a knowing violation by the employer of § 3503 of this title. The employer shall be liable for an administrative penalty of $500 for each individual that the employer failed to notify.

(e) An employer who complies with the written notice requirement in subsection (c) of this section shall be presumed to have acted in good faith in determining whether to classify an individual as an employee, an independent contractor or an exempt person pursuant to § 3503 of this title.

(f) The Department shall adopt regulations establishing specific requirements for the content and form of the notice by October 29, 2010, and, notwithstanding the provisions of subsection (b) of this section, the adoption of such regulations shall be a prerequisite to an employer’s obligation to furnish the notice.
19 Del. C. § 2357 — Delaware Code / Title 19 / Chapter 23 / Subchapter III / Section 2357
§ Â
        2357. Collection of payments in default.
Status: in_force

If default is made by the employer for 30 days after demand in the payment of any amount due under this chapter, the amount may be recovered in the same manner as claims for wages are collectible.
19 Del. C. § 117 — Delaware Code / Title 19 / Chapter 1 / Section 117
§ Â
        117. State and federal cooperation.
Status: in_force

The Department may assist and cooperate with the Wage-Hour and Public Contracts Divisions and the United States Department of Labor, in the enforcement within this State of the Fair Labor Standards Act of 1938 [29 U.S.C. § 201 et seq.], approved June 25, 1938, and, subject to the regulations of the Administrator of such Divisions, as the case may be, and the laws of the State applicable to the receipt and expenditures of moneys, may be paid or reimbursed by said Divisions for the reasonable cost of such assistance and cooperation.
19 Del. C. § 202 — Delaware Code / Title 19 / Chapter 2 / Section 202
§ Â
        202. Powers and duties of Department.
Status: in_force

(a) The Department shall carry out the purposes of this chapter and its duties and powers shall include, but shall not be limited to:

(1) Establishing standards for apprenticeship in conformity with this chapter and applicable statutes and regulations of the federal government;

(2) Adopting such rules and regulations as may be necessary to carry out the intent and purpose of this chapter;

(3) Compiling such data on population and employment trends, industrial production, vocational and industrial education and job requirements as may be deemed necessary to carry out the intent and purpose of this chapter;

(4) Studying the effectiveness of apprenticeship programs and making recommendations in accordance with such programs for their improvement and to terminate, cancel or modify any apprenticeship programs in accordance with such programs;

(5) Maintaining close liaison with the Bureau of Apprenticeship and Training, the United States Department of Labor and such other agencies which carry on programs closely related to the purposes of this chapter;

(6) Conducting studies, surveys and investigations of the special problems of retraining or training unemployed or employed persons to improve or modernize work skills and make appropriate recommendations to cooperating agencies described above, local community organizations and local school boards;

(7) Acting as a convening agency in local communities to bring together local representatives of employee organizations, employers, educational agencies and industrial development agencies in order to promote closer local cooperation in establishing better apprenticeship and other training programs including programs for employed persons who wish to improve and modernize their work skills;

(8) Encouragement and promotion of the standards established in accordance with this chapter and with the basic standards of the Bureau of Apprenticeship and Training, United States Department of Labor;

(9) Bringing about the settlement of differences arising out of apprenticeship programs and agreements when the differences cannot be adjusted locally or in accordance with established trade procedure;

(10) Supervision of the execution of agreements and the maintenance of standards;

(11) Registration of apprenticeship programs and agreements;

(12) Keeping a record of apprenticeship agreements and programs and, upon performance thereunder, issuing certificates of completion of apprenticeship;

(13) Encouragement of liaison and cooperation between all private, state and federal agencies concerned with apprenticeship, trade and industrial training;

(14) Promotion of public awareness of apprenticeship and other occupational training;

(15) Keeping a record of the progress of apprenticeship and training programs initiated in accordance with this chapter; and

(16) Performing such other duties as may be necessary to give full effect to this chapter.

(b) No action affecting the status of a program shall be taken by the Department of Labor until an attempt has been made to bring the employees and employer together to settle the problem in conformity with the standards of the Department of Labor.
19 Del. C. § 3605 — Delaware Code / Title 19 / Chapter 36 / Section 3605
§ Â
        3605. Registration requirements.
Status: in_force

(a) To register under this chapter, a contractor shall submit all required forms, information, and fees to the Department.

(b) A contractor must apply for a registration certificate by submitting a complete application on the form provided by the Department, which must include all of the following information regarding the contractor, if applicable:

(1) Name, principal business address, telephone number, fax number, and e-mail address.

(2) Type of business entity, including corporation, partnership, or sole proprietorship.

(3) If the principal business address is not within the State, the name and address of the custodian of records and agent for service of process in the State.

(4) The name of the person, the date and nature of the violation, conviction, or judgment, and all additional information requested by the Department if the contractor or a person holding a financial interest in the contractor’s business has ever done any of the following:

a. Held a financial interest in a licensed entity that was cited by the Department for a violation of a labor law.

b. Been convicted of home improvement fraud under § 916 of Title 11 or new home construction fraud under § 917 of Title 11.

c. Been found to have engaged in an unlawful practice under § 2513 of Title 6.

(5) The federal employer identification number, the state taxpayer identification number, individual tax identification number, or other tax identification number.

(6) Proof of Delaware worker’s compensation insurance.

(7) Proof of a state business license.

(8) A safety plan that is compliant with the requirements established by the Occupational Safety and Health Administration.

(c) (1) a. A contractor who has a state contract under subchapter IV of Chapter 69 of Title 29 must pay an initial annual nonrefundable registration fee of $300 to the Department with the application under this section.

b. The nonrefundable registration fee for the second annual registration is $300.

c. Upon successful completion of 2 consecutive years of registration, a contractor may register for a 2-year period and pay a nonrefundable registration fee of $500. The Department may only grant a 2-year registration if the contractor has not violated this chapter or any other labor laws during the registration period that is expiring.

d. A contractor who is performing public work on July 1, 2021, shall submit the registration application form and fee to the Department no later than August 1, 2021.

(2) a. A contractor who does not have a state contract under subchapter IV of Chapter 69 of Title 29 must pay an initial annual nonrefundable registration fee of $200 to the Department with the application under this section.

b. The nonrefundable registration fee for the second annual registration is $200.

c. Upon successful completion of 2 consecutive years of registration, a contractor may register for a 2-year period and pay a nonrefundable registration fee of $300. The Department may only grant a 2-year registration if the contractor has not violated this chapter or any other labor laws during the registration period that is expiring.

(d) The Department may enter into cooperative agreements with other state agencies, including the Department of Finance and the Department of State, to share information required under this chapter and to streamline the process of contractor registration.

(e) Information under subsection (a), (b), or (d) of this section is not public information under Chapter 100 of Title 29.
19 Del. C. § 1303 — Delaware Code / Title 19 / Chapter 13 / Section 1303
§ Â
        1303. Public employee rights.
Status: in_force

Public employees shall have the right to:

(1) Organize, form, join or assist any employee organization except to the extent that such right may be affected by a collectively bargained agreement requiring the payment of a service fee as a condition of employment.

(2) Negotiate collectively or grieve through representatives of their own choosing.

(3) Engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection insofar as any such activity is not prohibited by this chapter or any other law of the State.

(4) Be represented by their exclusive representative, if any, without discrimination.
19 Del. C. § 3718 — Delaware Code / Title 19 / Chapter 37 / Section 3718
§ Â
        3718. Powers of the Department.
Status: in_force

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

(b) A complaint, on a form created by the Department, may be filed with the Department for noncompliance with this chapter.

(c) (1) The Department may audit employers for compliance with this chapter, as determined by the Department.

(2) Nothing in this chapter limits the Department of Insurance’s jurisdiction over an insurer issuing an approved private plan.

(d) The Department may do all of the following under the Department’s audit and investigative authority to determine noncompliance with this chapter:

(1) Enter and inspect, after 1 day’s notice to the employer, the premises or place of business or employment and, on demand, examine and copy, wholly or partly, any or all books, registers, payrolls, and other records, including those required to be made, kept, and preserved under this chapter.

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

(3) Require from an employer full and correct statements in writing, including sworn statements, on forms prescribed or approved by the Department, with respect to the compliance with this chapter, 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 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 take depositions and affidavits in any proceeding before the Department. If a person fails to comply with a subpoena lawfully issued or a witness refuses to testify to a matter that 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 the Court or a refusal to testify to the Court.

(e) (1) Following an investigation in which the Department makes an initial determination that an employer has violated 1 or more provisions of this chapter, or an initial determination that a covered individual received an overpayment or violated § 3712 of this title, the Department shall notify the employer or covered individual of the initial determination and of any amounts owed and shall provide the employer or covered individual with an opportunity to appeal the Department’s determination to the Family and Medical Leave Insurance Appeal Board (“Board”). If the Department finds a violation of this chapter, the Department may issue civil penalties under § 3719 of this title.

(2) An initial determination that is not appealed within 15 days of the date of the notice is deemed a final determination, and the employer or covered individual shall pay any payments or penalties included in the initial determination to the Fund.

(3) If the initial determination is appealed within 15 days from the date of the notice, the Board shall hear the appeal within a reasonable time.

(4) The Board shall conduct a hearing on appeal under the Administrative Procedures Act, Chapter 101 of Title 29, and the regulations adopted by the Board. The decision of the Board is final unless appealed to the Superior Court within 30 days.

(f) The Department may institute an action in a court of competent jurisdiction for overpayments, penalties, unpaid contributions, or violations of this chapter. In an action brought by the Department under this subsection where judgment is entered for the Department, a court may award costs and, when so awarded, the same amount of costs must be allowed, taxed, and collected as are allowed, taxed, and collected for like services in the court.

(g) The Department has exclusive authority to settle any claim related to noncompliance with this chapter.

(h) Nothing in this chapter limits the Department’s power or authority under other law of this State which may be otherwise applicable to administer or enforce this chapter.

(i) The Department may not be required to pay the filing fee or other costs of the action or fees of any nature or to file bond or other security of any nature in connection with an action under this chapter or with supplementary proceedings as a condition precedent to the availability of any process in aid of the action or proceedings. The Department may join various claimants in 1 cause of action.

(j) Nothing in this chapter prevents a person from pursuing an action at law or in equity against an employer arising under other applicable law.

(k) In addition to the methods of collection authorized by this chapter, the Department may collect a final determination of liability of an employer or covered individual to the Fund by any manner available under other law of this State, including by any manner that unemployment tax assessments may be collected under Chapter 33 of this title, including §§ 3358, 3360, 3361, 3363, 3368, and 3369 of this title.

(l) The Department must require each participant in the program to verify the participant’s identity.
19 Del. C. § 3306 — Delaware Code / Title 19 / Chapter 33 / Subchapter I / Section 3306
§ Â
        3306. Reservation of power to amend or repeal chapter.
Status: in_force

The General Assembly reserves the right to amend or repeal all or any part of this chapter at any time, and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges or immunities conferred by this chapter or by acts done pursuant thereto shall exist subject to the power of the General Assembly to amend or repeal this chapter at any time.
19 Del. C. § 1611 — Delaware Code / Title 19 / Chapter 16 / Subchapter I / Section 1611
§ Â
        1611. Determination and certification of exclusive representative.
Status: in_force

(a) Any employee organization seeking certification as exclusive representative in a designated appropriate bargaining unit shall file a petition with the Board. The petition must contain the uncoerced signatures of at least 30 percent of the employees within the designated appropriate bargaining unit. If the designated appropriate bargaining unit is sufficiently similar to the bargaining unit claimed to be appropriate in the petition filed pursuant to § 1610(a) of this title, such that the signatures submitted at that time represent at least 30 percent of the employees within the designated appropriate bargaining unit, those signatures shall be deemed sufficient for the purpose of this subsection. If the designated bargaining unit is not sufficiently similar to the bargaining unit claimed to be appropriate, the employee organization may continue to rely on the previously submitted uncoerced signatures of the employees who are in the designated bargaining unit and must supplement these signatures with uncoerced signatures of the employees who are in the designated bargaining unit and must supplement these signatures with uncoerced signatures of other employees within the designated appropriate bargaining unit, such that the signatures submitted represent at least 30 percent of the employees within the designated appropriate bargaining unit. No signature shall be considered valid if it was signed more than 12 months prior to the date on which the petition is filed.

(b) Where an employee organization has been certified as the exclusive representative, a group of employees within the bargaining unit may file a petition with the Board for decertification of the exclusive bargaining representative. The petition must contain the uncoerced signatures of at least 30 percent of the employees within the bargaining unit and allege that the employee organization presently certified is no longer the choice of the majority of the employees in the bargaining unit. If a lawful collective bargaining agreement of no more than 3 years’ duration is in effect, no petition shall be entertained unless filed not more than 180 days nor less than 120 days prior to the expiration of such agreement. A decertification petition also may be filed if more than 1 year has elapsed from the date of certification of an exclusive bargaining representative and no collective bargaining agreement has been executed.

(c) If the Board determines that a petition is properly supported, timely filed and covers the designated appropriate bargaining unit, the Board shall cause an election of all eligible employees to be held within a reasonable time after the unit determination has been made, in accordance with procedures adopted by the Board, to determine if and by whom the employees wish to be represented. The election ballot shall contain, as choices to be made by the voter, the name of the petitioning or certified employee organization, the name or names of any other employee organization showing written proof of at least 10 percent representation of the public employees within the designated appropriate bargaining unit, in accordance with rules and procedures adopted by the Board, and a choice that the public employee does not desire to be represented by any of the named employee organization(s).

(d) The employee organization, if any, which receives the majority of the votes cast in an election shall be certified by the Board as the exclusive representative. In any election where there are more than 2 choices on the ballot and none of the choices receives a majority of the votes cast, a run-off election shall be conducted. The ballot in the run-off election shall contain the 2 choices on the original ballot that received the largest number of votes.

(e) No election shall be held pursuant to this section within 12 months from the date of a preceding valid election.
19 Del. C. § 1316 — Delaware Code / Title 19 / Chapter 13 / Section 1316
§ Â
        1316. Strikes prohibited.
Status: in_force

(a) No public employee shall strike while in the performance of official duties.

(b) No public employee shall be entitled to any daily pay, wages, reimbursement of expenses, benefits or any consideration in lieu thereof, for the days on which the employee engaged in a strike.

(c) Where a public employee has lost entitlement to any daily pay or other consideration pursuant to subsection (b) of this section, any agreement between such public employee or employee organization bargaining on the employee’s behalf and a public employer which provided for the direct or indirect restoration of such entitlement shall be void as against public policy.
19 Del. C. § 1309 — Delaware Code / Title 19 / Chapter 13 / Section 1309
§ Â
        1309. Appeals; petitions for enforcement.
Status: in_force

(a) Any party adversely affected by a decision of the Board under § 1308 or § 1315 of this title may appeal that decision to the Chancery Court of this State. Such an appeal must be filed within 15 days of the date upon which the decision was rendered and shall not automatically act as a stay.

(b) The Board may petition the Chancery Court of this State for enforcement of any order issued under § 1308 or § 1315 of this title.
19 Del. C. § 1615 — Delaware Code / Title 19 / Chapter 16 / Subchapter I / Section 1615
§ Â
        1615. Binding interest arbitration.
Status: in_force

(a) Within 7 working days of receipt of a petition or recommendation to initiate binding interest arbitration, the Board shall make a determination, with or without a formal hearing, as to whether a good faith effort has been made by both parties to resolve their labor dispute through negotiations and mediation and as to whether the initiation of binding interest arbitration would be appropriate and in the public interest, except that any discretionary subject shall not be subject to binding interest arbitration.

(b) Pursuant to § 4006(f) of Title 14, the Board shall appoint the Executive Director or the Director’s designee to act as binding interest arbitrator. Such delegation shall not limit a party’s right to appeal to the Board.

(c) The binding interest arbitrator shall hold hearings in order to define the area or areas of dispute, to determine facts relating to the dispute, and to render a decision on unresolved contract issues. The hearings shall be held at times, dates and places to be established by the binding interest arbitrator in accordance with rules promulgated by the Board. The binding interest arbitrator shall be empowered to administer oaths and issue subpoenas on behalf of the parties to the dispute or on the binding interest arbitrator’s own behalf.

(d) The binding interest arbitrator shall make written findings of facts and a decision for the resolution of the dispute; provided however, that the decision shall be limited to a determination of which of the parties’ last, best, final offers shall be accepted in its entirety. In arriving at a determination, the binding interest arbitrator shall specify the basis for the binding interest arbitrator’s findings, taking into consideration, in addition to any other relevant factors, the following:

(1) The interests and welfare of the public.

(2) Comparison of the wages, salaries, benefits, hours and conditions of employment of the employees involved in the binding interest arbitration proceedings with the wages, salaries, benefits, hours and conditions of employment of other employees performing the same or similar services or requiring similar skills under similar working conditions in the same community and in comparable communities and with other employees generally in the same community and in comparable communities.

(3) The overall compensation presently received by the employees inclusive of direct wages, salary, vacations, holidays, excused leaves, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received.

(4) Stipulations of the parties.

(5) The lawful authority of the public employer.

(6) The financial ability of the public employer, based on existing revenues, to meet the costs of any proposed settlements; provided that any enhancement to such financial ability derived from savings experienced by such public employer as a result of a strike shall not be considered by the binding interest arbitrator.

(7) Such other factors not confined to the foregoing which are normally or traditionally taken into consideration in the determination of wages, hours and conditions of employment through voluntary collective bargaining, mediation, binding interest arbitration or otherwise between parties, in the public service or in private employment.

In making determinations, the binding interest arbitrator shall give due weight to each relevant factor. All of the above factors shall be presumed relevant. If any factor is found not to be relevant, the binding interest arbitrator shall detail in the binding interest arbitrator’s findings the specific reason why that factor is not judged relevant in arriving at the binding interest arbitrator’s determination. With the exception of paragraph (d)(6) of this section, no single factor in this subsection shall be dispositive.

(e) Within 30 days after the conclusion of the hearings but not later than 120 days from the day of appointment, the binding interest arbitrator shall serve the binding interest arbitrator’s written determination for resolution of the dispute on the public employer, the certified exclusive representative and the Board. The decision of the binding interest arbitrator shall become an order of the Board within 5 business days after it has been served on the parties.

(f) The cost of binding interest arbitration shall be borne equally by the parties involved in the dispute.

(g) Nothing in this chapter shall be construed to prohibit or otherwise impede a public employer and certified exclusive representative from continuing to bargain in good faith over terms and conditions of employment or from using the services of a mediator at any time during the conduct of collective bargaining. If at any point in the impasse proceedings invoked under this chapter, the parties are able to conclude their labor dispute with a voluntarily reached agreement, the Board shall be so notified, and all impasse resolution proceedings shall be forthwith terminated.
19 Del. C. § 1312 — Delaware Code / Title 19 / Chapter 13 / Section 1312
§ Â
        1312. Employee organizations required to register and submit annual reports.
Status: in_force

Every employee organization which has or seeks recognition as a representative of public employees under this chapter shall file with the Board a registration report, signed by its president or other designated officer. Such report shall be updated on an annual basis by any organization which continues to have or seeks recognition, shall be in a form prescribed by the Board and shall be accompanied by 2 copies of the employee organization’s constitution and bylaws. All changes or amendments to such constitutions and bylaws shall be promptly reported to the Board.
19 Del. C. § 754 — Delaware Code / Title 19 / Chapter 7 / Subchapter VI / Section 754
§ Â
        754. Regulations.
Status: in_force

The Department may promulgate regulations necessary for implementation of the Jamie Wolfe Employment Act.
19 Del. C. § 3124 — Delaware Code / Title 19 / Chapter 31 / Subchapter II / Section 3124
§ Â
        3124. Publication and distribution of regulations and rules.
Status: in_force

The Department shall cause to be printed for distribution to the public the text of this part, its regulations and general and special rules, its annual reports to the Governor and any other material it deems relevant and suitable and shall furnish the same to any person upon application therefor.
19 Del. C. § 1306 — Delaware Code / Title 19 / Chapter 13 / Section 1306
§ Â
        1306. 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 the rules and regulations which it shall adopt and publish.
19 Del. C. § 704 — Delaware Code / Title 19 / Chapter 7 / Subchapter I / Section 704
§ Â
        704. Polygraph, lie detector or similar test or examination prohibited as condition of employment or continuation of employment; definitions; jurisdiction; penalty; exclusion.
Status: in_force

(a) As used in this section, “person” includes any individual, corporation, partnership, firm, association and the State or any agency or political subdivision thereof, except as noted in subsection (d) of this section.

(b) No person, nor any agent or representative of a person, shall require, request or suggest that any employee or prospective employee take or shall cause, directly or indirectly, any employee or prospective employee to take a polygraph, lie detector or similar test or examination as a condition of employment or continuation of employment.

(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. A civil penalty claim may be filed in any court of competent jurisdiction.

(d) This section shall not apply to any polygraph, lie detector or similar test or examination administered by any law-enforcement agency in the performance of official duties which shall include police officer applicant background investigations.

(e) As used in this section, the term “lie detector” shall include, but shall not be limited to, any electromechanical device which records or analyzes vocally produced sound frequency variations associated with stress for the purpose of determining the truth of any oral statement.

(f) 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 pursuant to this section, or because the employee has 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 and shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.
19 Del. C. § 2304 — Delaware Code / Title 19 / Chapter 23 / Subchapter I / Section 2304
§ Â
        2304. Compensation as exclusive remedy.
Status: in_force

Except as expressly excluded in this chapter and except as to uninsured motorist benefits, underinsured motorist benefits, and personal injury protection benefits, every employer and employee, adult and minor, shall be bound by this chapter respectively to pay and to accept compensation for personal injury or death by accident arising out of and in the course of employment, regardless of the question of negligence and to the exclusion of all other rights and remedies.
19 Del. C. § 802 — Delaware Code / Title 19 / Chapter 8 / Section 802
§ Â
        802. Requirements before any public authority may take over and operate privately owned mass transportation systems.
Status: in_force

Before any authority may acquire and operate any property of a privately owned mass transportation system, fair and equitable protective arrangements shall be made as determined by the Department of Labor of this State. Such protective arrangements shall include, without being limited thereto, such provisions as may be necessary to accomplish the following objectives:

(1) The preservation of all existing rights, privileges and benefits of all employees of the mass transportation system so taken over by any authority under the then existing collective bargaining agreements between said mass transportation system and the employee thereof no matter how created or established, including the continuation of all pension rights and benefits of all such employees and their beneficiaries.

(2) The continuation of all collective bargaining in any and all situations wherein it existed at the time of such takeover.

(3) The reasonable protection of all individual employees with respect to their employment, including priorities, seniorities and right to advancement.

(4) The assurances of employment of all the employees of such mass transportation system so acquired by any authority, including the priority of employment.

(5) Training and retraining programs of employees and managing personnel.
19 Del. C. § 2372 — Delaware Code / Title 19 / Chapter 23 / Subchapter IV / Section 2372
§ Â
        2372. Duty of employer to carry compensation liability insurance or to qualify as a self-insurer; deposit of security; premiums for certain summer employees.
Status: in_force

(a) Every employer to whom this chapter applies shall insure and keep insured the employer’s liability for compensation in some corporation, association or organization approved by the Department and authorized to transact the business of workers’ compensation insurance in this State or shall furnish to the Department satisfactory proof of the employer’s financial ability to pay directly the compensation, in the amount and manner and when due, as provided in this chapter.

(b) In any case, the Department or Board may require the deposit of an acceptable security, indemnity or bond to secure the payment of compensation liabilities as they are incurred. All bonds of insurance carriers or self-insurers deposited to secure their obligations under this chapter shall be deposited with the State Insurance Commissioner.

(c) Every insurer licensed to issue workers’ compensation and employers’ liability insurance by the Insurance Department pursuant to Title 18, shall offer to write each such policy subject to a deductible applying only to medical reimbursement and death benefits. The insured employer shall be permitted to accept or reject such a deductible at the time the policy is issued or renewed. Any applicable deductible shall be subject to the following provisions:

(1) The deductible shall apply separately to each occurrence during the policy term regardless of the number of employees injured in the occurrence;

(2) The deductible shall be subject to a minimum of $500 and a maximum of $5,000, with intermediate deductible increments of $500;

(3) The premium charged for a deductible form of policy shall be subject to an actuarially sound credit related to the amount of the deductible;

(4) In the event of a claim under a deductible form of policy, the insurer shall administer the claim as though no deductible applied and shall then be entitled to reimbursement from the employer for the amount of said deductible.

(d) Every insurer licensed to issue workers’ compensation and employers’ liability insurance by the Insurance Department pursuant to Title 18 shall write a policy and base its rates upon the limited term of employment, rather than on an annual basis, for summer employees employed by various civic and nonprofit associations whose wages are funded through grants awarded by the Department of Community Affairs.
19 Del. C. § 3122 — Delaware Code / Title 19 / Chapter 31 / Subchapter II / Section 3122
§ Â
        3122. General and special rules; regulations.
Status: in_force

General and special rules may be adopted, amended or rescinded by the Department only after public hearing or opportunity to be heard thereon, of which proper notice has been given. General rules shall become effective 10 days after filing with the Secretary of State and publication in 1 or more newspapers of general circulation in this State. Special rules shall become effective 10 days after notification to or mailing to the last known address of the individuals or concerns affected thereby. Regulations may be adopted, amended or rescinded by the Department and shall become effective in the manner and at the time prescribed by the Department.
19 Del. C. § 902 — Delaware Code / Title 19 / Chapter 9 / Section 902
§ Â
        902. Minimum wage rate [For current federal minimum wage, see 29 U.S.C. Â 206(a)(1)(C)].
Status: repealed

(a) Except as may otherwise be provided under this chapter, every employer shall pay to every employee in any occupation wages of a rate:

(1) Not less than $9.25 per hour until January 1, 2022;

(2) Not less than $10.50 per hour effective January 1, 2022;

(3) Not less than $11.75 per hour effective January 1, 2023;

(4) Not less than $13.25 per hour effective January 1, 2024;

(5) Not less than $15.00 per hour effective January 1, 2025.

Upon the establishment of a federal minimum wage in excess of the state minimum wage, the minimum wage in this State shall be equal in amount to the federal minimum wage, except as may otherwise be provided under this chapter.

(b) Gratuities received by employees engaged in occupations in which gratuities customarily constitute part of the remuneration may be considered wages for purposes of this chapter in an amount equal to the tip credit percentage, as set by the federal government as of June 15, 2006, of the minimum rate as set forth in subsection (a) of this section. In no event shall the minimum rate, under this subsection, be less than $2.23 per hour.

(c) For purposes of this section:

(1) An employee engaged in an occupation in which gratuities customarily constitute part of the remuneration shall be any worker engaged in an occupation in which workers customarily and regularly receive more than $30 per month in tips or gratuities.

(2) “Gratuities” means monetary contributions received directly or indirectly by an employee from a guest, patron or customer for services rendered where the customer is entirely free to determine whether to make any payment at all and, if so, the amount.

(3) A “primary direct service employee” is one who in a given situation performs the main direct service for a customer and is to be considered the recipient of the gratuity.

(4) A “service charge” is an obligatory sum of money included in the statement of charges. Clear and conspicuous notice must be made on either the menu, placard, the front of the statement of charges or other notice given to the customer indicating that all or part of the service charge is the property of the management. Such notice must be clearly printed, stamped or written in bold type. A service charge assessed to customers, patrons or guests without such notice is the property of the primary direct service employee(s). For the purposes of this section, type which is at least 18 points (1/4 inch) on the placard, or 10 points (1/8 inch) or larger on all other notices shall be considered clear and conspicuous.

(d) (1) Any gratuity received by an employee, indicated on any receipt as a gratuity, or deposited in or about a place of business for direct services rendered by an employee is the sole property of the primary direct service employee and may not be taken or retained by the employer except as required by state or federal law.

(2) Employees may establish a system for the sharing or pooling of gratuities among direct service employees, provided that the employer shall not in any fashion require or coerce employees to agree upon such a system. Where more than 1 direct service employee provides personal service to the same customer from whom gratuities are received, the employer may require that such employees establish a tip pooling or sharing system not to exceed 15% of the primary direct service employee’s gratuities. The employer shall not, under any circumstances, receive any portion of the gratuities received by the employees.

(3) The Department may require the employer to pay restitution if the employer diverts any gratuities of its employees in the amount of the gratuities diverted. If the records maintained by the employer do not provide sufficient information to determine the exact amount of gratuities diverted, the Department may make a determination of gratuities diverted based on available evidence.

(e) [Repealed.]
19 Del. C. § 3801 — Delaware Code / Title 19 / Chapter 38 / Section 3801
§ Â
        3801. Establishment; purposes.
Status: in_force

There is hereby established the Expanding Access for Retirement and Necessary Saving (“EARNS”) Program to serve as a vehicle through which covered employees may, on a voluntary basis, provide for additional retirement security through a state-facilitated retirement saving program in a convenient, cost effective, and portable manner. The Program is designed as a public-private partnership that will encourage, not replace or compete with, employer-sponsored retirement plans.
19 Del. C. § 3349 — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3349
§ Â
        3349. General limitations on reduction of new employer rate.
Status: in_force

(a) For the purpose of this section:

(1) “Computation date” means October 1 of any year.

(2) “Experience year” means the 4 consecutive calendar quarter periods beginning on July 1 of any year and ending on June 30 of the following year.

(b) Prior to January 1, 1980, no employer’s rate shall be reduced below the standard rate for any calendar year unless and until the employer has had employment in each of the 4 consecutive experience years immediately preceding the computation date, and no employer shall be eligible for a reduced rate if the employer has reported no employment for 5 or more consecutive calendar quarters in such 4 experience years.

(c) After December 31, 1979, through July 1, 1986, no employer’s rate shall be reduced below the standard rate for any calendar year unless and until the employer has had employment in each of the 3 consecutive experience years immediately preceding the computation date, and no employer shall be eligible for a reduced rate if the employer has reported no employment for 5 or more consecutive calendar quarters in such 3 experience years.

(d) After July 1, 1986, through December 31, 2026, no employer’s rate shall be reduced below the new employer rate for any calendar year unless and until the employer has had employment in each of the 2 consecutive experience years immediately preceding the computation date.

(e) For any assessment rate year after December 31, 2026, no employer receiving a new employer rate shall become subject to an earned rate of assessments unless and until the employer has submitted assessment reports to the Department in each of 12 or more consecutive quarters ending June 30 of the prior assessment rate year. The Department shall determine on or before December 31 of the prior assessment rate year if an employer is entitled to move from the new employer rate to an earned rate for any assessment rate year.
19 Del. C. § 1902 — Delaware Code / Title 19 / Chapter 19 / Section 1902
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        1902. Statement of purpose.
Status: in_force

This chapter is intended to direct employers that meet the qualifications of this chapter to provide at least 60 days’ advance notice to the Department of Labor Division of Employment and Training of mass layoffs, plant closings, or relocations. The intent is to provide dislocated workers the rapid response services and benefits that are due to them through the Department of Labor and other service providers. The desire of the Department is to assist dislocated workers to return to work as quickly as possible with minimal disruption to their economic well-being.
19 Del. C. § 1618 — Delaware Code / Title 19 / Chapter 16 / Subchapter I / Section 1618
§ Â
        1618. Status of existing exclusive representative.
Status: in_force

An employee organization that has been certified as the exclusive representative of a bargaining unit deemed to be appropriate prior to the effective date of this chapter shall so continue without the requirement of an election and certification until such time as a question concerning representation is appropriately raised under this chapter in accordance with § 1611(b) of this title, or until the Board would find the unit not to be appropriate in accordance with § 1610(f) of this title.