19 Del. C. § 2311 — Delaware Code / Title 19 / Chapter 23 / Subchapter I / Section 2311
§ Â
        2311. Contractors, subcontractors, independent contractors and lessees of motor vehicles transporting passengers for hire as employers.
Status: in_force

(a) Notwithstanding any other provisions in this chapter, including but not limited to the definitions of “employer” and “employee” in § 2301 of this title, the following provisions shall apply to persons who are licensed as contractors under Chapter 25 of Title 30 or persons shown to be conducting business in a manner in which they should be so licensed:

(1) Any contractor or subcontractor shall be deemed to be an employer. Any and all rights of compensation of employees of contractors or subcontractors shall be against the employer contractor or subcontractor and not against any other employer.

(2) For purposes of this section, “independent contractor” shall mean any person not excluded from mandatory coverage under provisions of this chapter, who performs work or provides services for a contractor, subcontractor or other “contracting entity” in return for remuneration and/or other valuable considerations but who is not an employee of the contractor subcontractor or other “contracting entity” or any other person or entity with respect to the work performed or the services provided.

(3) For purposes of the section, “contracting entity” shall mean any commercial entity that obtains work or services from a person not excluded from mandatory coverage under provisions of this chapter and who is not an employee of the contracting entity or any other commercial entity with respect to the work performed or services provided.

(4) All independent contractors governed by this subsection shall be covered under this chapter. Independent contractors shall have an option to purchase coverage to satisfy this requirement, or alternatively shall be insured by the general contractor, subcontractor or other contracting entity for which they perform work or provide services. Actual remuneration of the independent contractor will be used to determine premium subject to the executive officer minimum and maximum payrolls approved by the Department of Insurance. Executive officers who are stockholders of a corporation and individuals who are members of a limited liability company may elect to be exempted from the above and this chapter, pursuant to and by complying with § 2308(a) of this title. However, for purposes of this subsection the exemption provided in § 2308(a) of this title for executive officers who are stockholders of a corporation shall be limited to no more than 4 executive officers. Partners and sole proprietors, when working in an independent contractor role, shall be subject to the requirements of this subsection and may not rely upon § 2308(b) and (c) of this title. This subsection applies to insurance policies issued or renewed on or after July 17, 2007.

(5) Any contracting entity shall obtain from an independent contractor or subcontractor and shall retain for 3 years from the date of the contract the following: a notice of exemption of executive officers or limited liability company members and/or a certification of insurance in force under this chapter. If the contracting entity shall fail to do so, the contracting entity shall not be deemed the employer of any independent contractor or subcontractor or their employees but shall be deemed to insure any workers’ compensation claims arising under this chapter.

(b) In all other types of commerce, the determination of employee or independent contractor status shall remain as before the adoption of subsection (a) of this section above and § 2308 of this title and the other provisions defining employees and persons not covered by this chapter shall apply.

(1) No contractor or subcontractor shall receive compensation under this chapter, but shall be deemed to be an employer and all rights of compensation of the employees of any such contractor or subcontractor shall be against their employer and not against any other employer.

(2) Lessees transporting passengers for hire in motor vehicles leased pursuant to written leases shall not receive compensation under this chapter, but shall be deemed to be employers.
19 Del. C. § 3710 — Delaware Code / Title 19 / Chapter 37 / Section 3710
§ Â
        3710. Notice.
Status: in_force

(a) An employer shall provide written notice to each employee that includes all of the following:

(1) The employee’s right to family and medical leave benefits under this chapter and the terms under which it may be used.

(2) The amount of family and medical leave benefits.

(3) The procedure for filing a claim for family and medical leave benefits.

(4) The right to job protection and benefits continuation under § 3707 of this title.

(5) That discrimination and retaliatory personnel actions against the employee for requesting, applying for, or using family and medical leave benefits is prohibited under § 3708 of this title.

(6) That the employee has a right to file a complaint for violations of this chapter.

(7) Whether family and medical leave benefits are available to the employee through the State or an approved private plan under § 3716 of this title.

(b) An employer shall provide the notice required under subsection (a) of this section as follows:

(1) On hiring of the employee.

(2) When the employee requests covered leave or when the employer acquires knowledge that an employee’s leave may be for a qualifying event under § 3702(a) of this title.

(c) An employer shall display and maintain a poster in a conspicuous place accessible to employees at the employer’s place of business that contains the information required under subsection (a) of this section in English, Spanish, and any language that is the first language spoken by at least 5% of the employer’s workforce, if the poster has been provided by the Department.

(d) The Department may adopt regulations to establish additional requirements concerning the means by which employers shall provide notice of this chapter.

(e) An employee shall provide notice of the employee’s intention to take covered leave to the employee’s employer 30 days in advance, if known, or as soon as practicable.
19 Del. C. § 3602 — Delaware Code / Title 19 / Chapter 36 / Section 3602
§ Â
        3602. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Contractor” means a person, partnership, association, joint stock company, trust, corporation, limited liability company, or other legal business entity or successor or subsidiary thereof that engages in construction services or maintenance under an express or implied contract on behalf of another entity or individual for profit within the State, and includes any subcontractor or lower tier subcontractor of a contractor.

(2) “Construction services” includes all building or work on a building, structure, or improvement of any type, including bridges, dams, plants, highways, parkways, streets, tunnels, sewers, mains, power lines, pumping stations, heaving generators, railways, airports, terminals, docks, piers, wharves, buoys, jetties, breakwaters, levees, canals, dredging, shoring, rehabilitation and reactivation of plants, scaffolding, drilling, blasting, excavating, clearing and landscaping, including tree cutting.

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

(4) “Knowing” means having actual knowledge of or acting with deliberate ignorance or reckless disregard for the prohibition involved.

(5) “Maintenance” means the repair of existing facilities when the size, type, or extent of such facilities is not changed or increased.

(6) “Public works contract” means a construction contract under Chapter 69 of Title 29.

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

(8) “Subcontractor” means a lower tier contractor of a contractor, including owner operators or independent contractors.

(9) “Violation” means a project or contract where work is done by a contractor who is not registered under this chapter.

(10) “Worker” means a laborer, mechanic, skilled, or semi-skilled laborer and apprentices or helpers employed by any contractor or subcontractor and engaged in the performance of construction services or maintenance in the State, regardless of whether the work becomes a component part of the construction or maintenance. “Worker” does not mean a material supplier or employees of a material supplier. A contractor or subcontractor engaged in the fabrication of plumbing, heating, cooling, ventilation, or exhaust duct systems and mechanical insulation is not a material supplier for purposes of this section.
19 Del. C. § 709A — Delaware Code / Title 19 / Chapter 7 / Subchapter I / Section 709A
§ Â
        709A. Employer use of social media.
Status: in_force

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

(1) “Applicant” means a prospective employee applying for employment.

(2) “Electronic communication device” means a cellular telephone, personal digital assistant, electronic device with mobile data access, laptop computer, pager, broadband personal communication device, 2-way messaging device, electronic game, or portable computing device.

(3) “Employee” means any individual employed within the State by an employer. This section does not apply to employees or applicants of the United States government in those capacities.

(4) “Employer” means any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee or applicant, including the State and any political subdivision or board, department, commission, or school district thereof, and excluding the United States government.

(5) “Personal social media” means an account on a social networking site created and operated by an employee or applicant exclusively for the employee or applicant’s personal use. “Personal social media” does not include an account on a social networking site created or operated by an employer and that is operated by an employee as part of their employment.

(6) “Social networking site” means an internet-based, personalized, privacy-protected website or application whether free or commercial that allows users to construct a private or semi-private profile site within a bounded system, create a list of other system users who are granted reciprocal access to the individual’s profile site, send and receive e-mail, and share personal content, communications, and contacts.

(b) An employer shall not require or request an employee or applicant to do any of the following:

(1) Disclose a username or password for the purpose of enabling the employer to access personal social media.

(2) Access personal social media in the presence of the employer.

(3) Use personal social media as a condition of employment.

(4) Divulge any personal social media, except as provided in subsection (d) of this section.

(5) Add a person, including the employer, to the list of contacts associated with the employee’s or applicant’s personal social media, or invite or accept an invitation from any person, including the employer, to join a group associated with the employee’s or applicant’s personal social media.

(6) Alter the settings on the employee’s or applicant’s personal social media that affect a third party’s ability to view the contents of the personal social media.

(c) Nothing in this section shall affect an employer’s rights and obligations under the employer’s personnel policies, federal or state law, case law, or other rules or regulations to require or request an employee to disclose a username, password, or social media reasonably believed to be relevant to an investigation of allegations of employee misconduct or employee violation of applicable laws and regulations, provided that the social media is used solely for purposes of that investigation or a related proceeding.

(d) Nothing in this section precludes an employer from requiring or requesting an employee to disclose a username, password, or other method for the purpose of accessing (i) an electronic communication device supplied by or paid for in whole or in part by the employer; or (ii) an account or service provided by the employer, obtained by virtue of the employee’s employment relationship with the employer, or used for the employer’s business purposes.

(e) Nothing in this section precludes an employer from monitoring, reviewing, accessing, or blocking electronic data stored on an employer’s network or on an electronic communications device supplied by or paid for in whole or in part by the employer.

(f) Nothing in this section precludes an employer from complying with a duty to screen employees, or applicants before hiring, or to monitor or retain employee communications:

(1) That is established under federal or state law or by a self-regulatory organization, as defined in the Securities and Exchange Act of 1934, 15 U.S.C. § 78c(a)(26); or

(2) In the course of a law-enforcement employment application or law-enforcement officer conduct investigation performed by a law-enforcement agency.

(g) Nothing in this section precludes an employer from viewing, accessing, or using information about an employee or applicant that is in the public domain.

(h) An employer shall not discharge, discipline, threaten to discharge or discipline, or otherwise retaliate against an employee or applicant for not complying with a request or demand by the employer that violates this section. However, this section does not prohibit an employer from terminating or otherwise taking an adverse action against an employee or applicant if otherwise permitted by law.
19 Del. C. § 3354 — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3354
§ Â
        3354. Notice of determination of rate of assessments; administrative and judicial review; time limits.
Status: in_force

(a) The Department shall promptly notify each employer of the employer’s rate of assessments as determined for any calendar year pursuant to this subchapter.

(b) Such determination shall become conclusive and binding upon the employer unless, within 15 days after the mailing of notice thereof to the employer’s last known address or in the absence of mailing within 15 days after the delivery of such notice, the employer files an application for review and redetermination setting forth the employer’s reasons therefor. If the Department grants such review, the employer shall be promptly notified thereof and shall be granted an opportunity for a fair hearing, but no employer shall have standing, in any proceeding involving the employer’s rate of assessments or assessment liability, to contest the chargeability to the employer’s account of any benefits paid in accordance with a determination, redetermination or decision pursuant to §§ 3317-3325 or § 3355 of this title except upon the ground that the services on the basis of which such benefits were found to be chargeable did not constitute services performed in employment for the employer and only in the event that the employer was not provided the opportunity, via the issuance of a separation notice by the Department, as required pursuant to § 3317(b) of this title, to be a party to such determination, redetermination or decision or to any other proceedings under this chapter in which the character of such services was determined.

(c) The employer shall be promptly notified of the Department’s denial of the employer’s application or of the Department’s redetermination, both of which shall become final unless, within 15 days after the mailing of notice thereof to the employer’s last known address or in the absence of mailing within 15 days after the delivery of such notice, a petition for judicial review is filed in the Superior Court of the county in which the employer’s place of business is located. In any proceeding under this section the findings of the Department as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive and the jurisdiction of the Court shall be confined to questions of law. No additional evidence shall be received by the Court but the Court may order additional evidence to be taken before the Department and the Department may, after hearing such additional evidence, modify its determination and file such modified determination, together with a transcript of the additional record, with the Court. Such proceedings shall be heard in a summary manner and shall be given precedence over all other civil cases except cases arising under §§ 3317-3325 of this title and the Workers’ Compensation Law, Chapter 23 of this title.

(d) An appeal may be taken from the decision of the Superior Court to the Supreme Court of this State in the same manner, but not inconsistent with this chapter, as is provided in civil cases.
19 Del. C. § 3701 — Delaware Code / Title 19 / Chapter 37 / Section 3701
§ Â
        3701. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Application year” means the 12-month period as defined in the FMLA.

(2) “Child” means “son or daughter” as defined in the FMLA.

(3) “Covered individual” means an individual who meets all of the following:

a. Has been employed for at least 12 months by the employer with respect to whom leave is requested.

b. Has been employed for at least 1,250 hours of service with the employer during the previous 12-month period. For purposes of determining whether an individual meets the service hours requirement under this paragraph (3)b., the legal standards established under the FMLA apply.

c. The administrative requirements under this chapter.

d. Has submitted an application under this chapter.

(4) “Covered leave” means leave provided under this chapter.

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

(6) a. “Employee” means an individual employed by an employer. For the purposes of this chapter, individuals primarily reporting for work at a worksite in this State are employees unless otherwise excluded. Individuals primarily reporting for work at a worksite outside of this State are not considered employees under this chapter unless the employer elects to classify them as such. Employers may reclassify an employee as primarily reporting for work at a worksite in another state for the purposes of this chapter through the duration of that individual’s tenure at the out-of-state worksite.

b. “Employee” does not include an individual covered under § 5903(17)a. of Title 29, an individual employed by entities in Title 14 in a position that would be covered under § 5903(17)a. of Title 29, or an individual in an equivalent position with an entity covered by State employee benefits.

(7) a. “Employer” means all those who employ employees working anywhere in this State.

1. Employers with 10 to 24 employees during the previous 12 months shall be subject to only the parental leave provisions of this chapter. For purposes of this paragraph (7)a.1., “employees” includes those who meet the requirements of a covered individual under paragraphs (3)a. and (3)b. of this section or are reasonably expected to meet the requirements of a covered individual under paragraphs (3)a. and (3)b. of this section during the previous 12 months.

2. Employers with 25 or more employees during the previous 12 months shall be subject to all parental, family caregiving, and medical leave provisions of this chapter. For purposes of this paragraph (7)a.2., “employees” includes those who meet the requirements of a covered individual under paragraphs (3)a. and (3)b. of this section or are reasonably expected to meet the requirements of a covered individual under paragraphs (3)a. and (3)b. of this section during the previous 12 months.

3. “Employer” means the employer client company who enters into an agreement with a “professional employer organization” as defined by § 3302(12)(J) of this title. The employer client company shall be treated as the employer for purposes of this chapter.

b. “Employer” does not include any of the following:

1. Anyone who employs less than 10 employees in this State during the previous 12 months.

2. The federal government.

3. Any business that is closed in its entirety for 30 consecutive days or more per year.

(8) “Family and medical leave benefits” means benefits provided under this chapter.

(9) “Family caregiving leave” includes leave under § 3702(a)(2) and (a)(4) of this title.

(10) “Family caregiving leave benefits” means benefits paid under § 3704 of this title and provided under § 3702(a) of this title to a covered individual while the covered individual is on family leave.

(11) “Family member” means all of the following:

a. A parent, as defined under the FMLA.

b. A child.

c. A spouse, as defined under the FMLA.

(12) “FMLA” means the Family and Medical Leave Act, 29 U.S.C. Chapter 28.

(13) “Fund” means the Family and Medical Leave Insurance Account Fund created under this chapter.

(14) “Health care provider” means as defined under the FMLA.

(15) “Medical leave” includes leave under § 3702(a)(3) of this title.

(16) “Medical leave benefits” means benefits paid under § 3704 of this title and provided under § 3702(a) of this title to a covered individual while the covered individual is on medical leave.

(17) “Parental leave” includes leave under § 3702(a)(1) of this title.

(18) “Parental leave benefits” means benefits paid under § 3704 of this title and provided under § 3702(a) of this title to a covered individual while the covered individual is on parental leave.

(19) “Qualifying exigency” means as defined under the FMLA.

(20) a. “Retaliatory personnel action” means an adverse action against an employee for the exercise of, or good faith attempt to exercise, a right guaranteed under this chapter, including any threat, discharge, suspension, demotion, or reduction of hours, or report or threat to report an employee’s suspected citizenship or immigration status or the suspected citizenship or immigration status of a family member of the employee to a federal, state, or local agency.

b. “Retaliatory personnel action” includes interference with or punishment for participating or assisting, in any manner, in an investigation, proceeding, or hearing under this chapter.

(21) “Secretary” means the Secretary of the Department.

(22) “Serious health condition” means as defined under the FMLA.

(23) “Small business” means all of the following:

a. For purposes of parental leave, all those that employ 9 or less employees working anywhere in this State.

b. For purposes of family caregiving leave and medical leave, all those that employ 24 or less employees working anywhere in this State.

(24) “Wages” means remuneration for employment as determined for purposes of old-age, survivors, and disability insurance for employees and employers under the Federal Insurance Contribution Act, 26 U.S.C. Chapter 21.
19 Del. C. § 3316 — Delaware Code / Title 19 / Chapter 33 / Subchapter II / Section 3316
§ Â
        3316. Seasonal employment; benefit requirements.
Status: in_force

(a) In the case of a claimant whose base period earnings represent 75% or more earnings received for seasonal employment, benefits shall be payable in any benefit year in any given calendar month only if the claimant had been employed in the corresponding month of the claim base period.

(b) As used in this section, “seasonal employment” means employment in a seasonal industry by an individual who has been engaged in such industry during the claim base period and who, during the portion or portions of the year when such industry was not in operation, was not engaged in any other work. No occupation or industry shall be deemed to provide seasonal employment that is not part of the first processing of agricultural products and/or seafood products.

(c) For the purposes of this section, a week shall be considered to fall within a month if 4 or more days of the week fall within such month. The limitations of this section shall not apply to the payment of benefits for partial employment.
19 Del. C. § 112 — Delaware Code / Title 19 / Chapter 1 / Section 112
§ Â
        112. Strike rights not to be impeded.
Status: in_force

Nothing in this chapter shall be construed to interfere with, impede or diminish in any way the right of employees to strike or engage in other lawful concerted activities.
19 Del. C. § 3153 — Delaware Code / Title 19 / Chapter 31 / Subchapter III / Section 3153
§ Â
        3153. General functions and purposes.
Status: in_force

The Department, in conducting the employment service, shall promote and develop an employment office or system of employment offices, in order:

(1) That employers seeking workers and the unemployed without cost to either may be referred to each other;

(2) To provide adequate quarters and facilities for the registration of employees and for the receipt of orders from employers;

(3) To provide prior opportunity of employment to citizens of Delaware and of the United States, except when such are unavailable and not qualified;

(4) To cooperate in the administration of unemployment insurance laws;

(5) To provide complete responsible records of all applicants;

(6) To reduce the wageless period between jobs and the resulting drain on savings, credit and social agencies;

(7) To develop and operate a technique by which workers in obsolete or similar occupations may be economically absorbed in a gainful occupation;

(8) To provide facilities by which those in need of rehabilitation or readjustment may be absorbed in private industry with mutual advantage;

(9) To provide information to juniors and those responsible for their training and influence in choosing the proper occupations;

(10) To reduce the cost to industry of procurement, sifting out and turnover;

(11) To provide existing facilities for government and industry in a period of national emergency;

(12) To provide for the clearance of labor to work opportunities between Delaware and the other states; and

(13) To cooperate in the dissemination of employment information and trends and with other public bodies to the end that governmental administration and legislation will have additional, necessary and accurate facts for their guidance.
19 Del. C. § 3350 — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3350
§ Â
        3350. Variations from new employer rate (prior to 2027).
Status: repealed

(a) This section applies only to the assignment of assessment rates for assessment rate years prior to 2027. The assignment of assessment rates for assessment rate year 2027 and each assessment rate year thereafter shall be determined in accordance with §§ 3350A through 3350F of this title.

(b) Prior to the calendar year 1954, each employer’s rate for any calendar year shall be determined on the basis of the employer’s record as of December 31 of the preceding calendar year. For the year 1954 and each calendar year thereafter each employer’s rate for any calendar year shall be determined on the basis of the employer’s record as of September 30 of the preceding calendar year. Variations from the standard rate of assessments or new employer rates shall be determined in accordance with the following requirements:

(1) When, in any benefit year, an employee is first paid benefits for total or partial unemployment, the employee’s wages during the employee’s base period shall be termed the “employee’s benefit wages” and shall be treated, for the purposes of this paragraph, as though they had been earned in the experience year in which such first benefit is paid, except that wages paid to an employee during the employee’s base period for part-time employment by an employer who continues to give the employee employment to the same extent while the employee is receiving benefits as the employee did during the employee’s base period shall not be determined to be employee’s benefit wages. The employer shall establish the continuation of work to the satisfaction of the Department by submitting such information as the Department may require within 4 business days after the notification or mailing of notice by the Department that the employee has first filed a claim for benefits. Wages paid by any individual employer to an employee during the first 90 days such employee is in employment for the employer shall not be considered in determining benefit wages if the said employee is rated as “disabled” by the United States Veterans Administration or as “handicapped” by the Department of Labor.

(2) The “employer’s benefit wages” for any experience year shall be the total of the employee benefit wages of all of such employer’s employees or former employees, except for those employee benefit wages of employees who were hired to fill jobs vacated by members of the National Guard or the Reserve Branch of the United States armed services who were called to active duty during the Persian Gulf crisis.

(3) The “benefit wage ratio” of each employer shall be the percentage obtained by dividing the total of the employer’s benefit wages for the most recent 3 completed experience years by the employer’s total payroll subject to assessments for the same 3 experience years as shown on the employer’s assessment reports.

(4) For any calendar year, the “state experience factor” shall be the term used for the total benefits paid from the Fund during the most recent 3 completed experience years, divided by the total of the benefit wages of all employers during the same 3 years. In such computation, any fraction shall be adjusted to the nearest multiple of 1%.

(5) The basic assessment rate for each employer for the current calendar year shall be determined prior to the due date of the first basic assessment for such year in accordance with the following table:

If the employer’s benefit wage ratio exceeds the percentage in the last column of the table opposite the State Experience Factor, the employer’s basic contribution rate shall be 8%.

(6) No employer’s basic assessment rate or new employer rate for the period of 12 months commencing January 1 of any calendar year shall be less than 63/10% unless all required reports and all assessment due on wages paid for employment for such employer during pay periods ending on or prior to June 30 of the preceding year have been received by the Department on or prior to September 30 of such preceding year. If such required reports and assessments due are received by the Department after September 30 of the preceding year but prior to or on the last day of any calendar quarter of any calendar year, such employer’s basic assessment rate or new employer rate for assessments on wages paid for employment for such employers during pay periods in the said calendar quarter and for wages paid for employment for such employer during pay periods in all succeeding calendar quarters in such calendar year shall be the basic assessment rate as determined for such employer under paragraph (b)(5) of this section or the new employer rate as determined for such employer under § 3348 of this title, whichever the Department determines is applicable.

(7) Effective July 1, 1994, notwithstanding any inconsistent provisions of this chapter, if, after the last day of any claimant’s benefit year but within the 90 days next following thereafter, an employer for whom benefit wage charges were made as a consequence of such claimant’s receipt of benefits files a written notice in such manner as the Department shall prescribe, stating that the employer had reemployed such claimant within the claimant’s benefit year, and the Department finds that such employee received in benefits a total amount aggregating not more than 25% of the maximum benefit payments to which the employee was entitled within such benefit year because of such reemployment, the employer’s benefit wage record shall be credited with 75% of the benefit wages previously charged against the employer relating to such claimant’s previous employment; or if the Department finds that such employee received in benefits an amount aggregating more than 25% but not more than 50% of the maximum benefits to which the employee was entitled within such benefit year because of such reemployment, the employer’s benefit wage record shall be credited with 50% of the benefit wages previously charged against the employer relating to such claimant’s previous employment; or if the Department finds that such employee received in benefits a total amount aggregating more than 50% but not more than 75% of the maximum benefits to which the employee was entitled within such benefit year because of such reemployment, the employer’s benefit wage record shall be credited with 25% of the benefit wages previously charged against the employer relating to such claimant’s previous employment. In computing an employer’s assessment rate for any calendar year, credits may be used only in connection with rehires of claimants whose benefit years ended no later than June 30 of the calendar year immediately preceding. Rehire credits shall be applied to the employer’s benefit wage record in the calendar year and quarter in which the claimant’s benefit year exhausted. An employer may apply for rehire credits relating to a claim for benefits, including benefits paid as a consequence of a claim for partial unemployment benefits, regardless of the number of separate periods of unemployment a claimant had during the claimant’s benefit year.

Employer “rehire credits” as defined above shall not be used in the calculation of the “state experience factor” as determined in accordance with paragraph (b)(4) of this section.

(8) For the last 3 calendar quarters of 1959, the 4 calendar quarters of 1960 and the first calendar quarter of 1961, every rated employer shall pay, in addition to the assessment set for such employer under paragraph (b)(5) of this section, an additional assessment of 11/2% of wages paid by the employer in each of the aforesaid calendar quarters.

(9) Supplemental assessment rate.

a. For any calendar year beginning January 1, 1988, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is equal to or greater than $90 million as of the preceding September 30, each employer’s new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a “supplemental assessment rate” in accordance with the following table:

b. For any calendar year beginning January 1, 1988, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is less than $90 million as of the preceding September 30, each employer’s new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a “supplemental assessment rate” in accordance with the following table:

c. For any calendar year beginning January 1, 1990, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is equal to or greater than $130 million as of the preceding September 30, each employer’s new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a “supplemental assessment rate” in accordance with the following table:

d. For any calendar year beginning January 1, 1996, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is equal to or greater than $200 million as of the preceding September 30, each employer’s new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a “supplemental assessment rate” in accordance with the following table:

e. For any calendar year beginning January 1, 1998, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is equal to or greater than $215 million as of the preceding September 30, each employer’s new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a “supplemental assessment rate” in accordance with the following table:

f. For any calendar year beginning January 1, 2000, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is equal to or greater than $250 million as of the preceding September 30, each employer’s new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a “supplemental assessment rate” in accordance with the following table:

g. For any calendar year beginning January 1, 2002, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is equal to or greater than $300 million as of the preceding September 30, each employer’s new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a “supplemental assessment rate” in accordance with the following table:

h. For any calendar year beginning January 1, 1990, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is less than $130 million as of the preceding September 30, each employer’s new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a “supplemental assessment rate” in accordance with the table in paragraph (b)(9)a. or b. of this section as determined by the balance in the Unemployment Insurance Trust Fund.

i. For any calendar year beginning January 1, 1996, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is less than $200 million as of the preceding September 30, each employer’s new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a “supplemental assessment rate” in accordance with the table in paragraph (b)(9)a., b. or c. of this section as determined by the balance in the Unemployment Insurance Trust Fund.

j. For any calendar year beginning January 1, 1998, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is less than $215 million as of the preceding September 30, each employer’s new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a “supplemental assessment rate” in accordance with the table in paragraph (b)(9)a., b., c. or d. of this section as determined by the balance in the Unemployment Insurance Trust Fund.

k. For any calendar year beginning January 1, 2000, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is less than $250 million as of the preceding September 30, each employer’s new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a “supplemental assessment rate” in accordance with the table in paragraph (b)(9)a., b., c., d. or e. of this section as determined by the balance in the Unemployment Insurance Trust Fund.

l. For any calendar year beginning January 1, 2002, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is less than $300 million as of the preceding September 30, each employer’s new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a “supplemental assessment rate” in accordance with the table in paragraph (b)(9)a., b., c., d., e. or f. of this section as determined by the balance in the Unemployment Insurance Trust Fund.

m. For any calendar year beginning January 1, 2004, and ending December 31, 2023, each employer’s new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a “supplemental assessment rate” of 0.2%.

n. [Repealed.]

(10) [Repealed.]

(11) Notwithstanding any other provision of this title to the contrary, no employee benefit wages, as defined in paragraph (b)(1) of this section, for weeks of total or partial unemployment from March 15, 2020, through and including March 21, 2020, and no claims determined by the Department to be COVID-19 related claims, will be included in the employer’s benefit wages for purposes of paragraph (b)(2), (3) or (4) of this section, and no benefit payments made from the Unemployment Insurance Trust Fund based on claims filed from March 15, 2020, through and including March 21, 2020, and no benefit payments made from the Unemployment Insurance Trust Fund based on claims determined by the Department to be COVID-19 related claims, shall be included in the state experience factor calculated in paragraph (b)(4) of this section. An employer’s or agent of the employer’s failure to timely or adequately respond to a separation notice for a claim filed from March 15, 2020, through and including March 21, 2020, and for a claim determined by the Department to be a COVID-19 related claim will not result in benefit wage charges being assessed to such employer’s experience merit rating account under § 3317 or § 3318 of this title, unless the Department determines such failure has resulted in an overpayment of benefits and the employer or agent of the employer has established a pattern of failing to respond timely or adequately.

(12) Notwithstanding the required computation of the employer assessment rate to be determined by the Department for the next succeeding calendar year pursuant to this section, for calendar year 2022, employers shall be assigned an assessment rate equal to the lowest of the rate determined by the Department pursuant to this section for the calendar year 2020, 2021, or 2022; except that employers who are determined for calendar year 2022 to have the delinquency rate of assessment pursuant to paragraph (b)(6) of this section shall continue to be assigned the delinquency rate, subject to the administrative authority provided for in paragraph (b)(13) of this section.

(13) Notwithstanding paragraph (b)(6) of this section, the Department shall have the authority in its sole discretion to make changes to the delinquency assessment rate of any employer to take effect on the date determined by the Department, and to provide assessment credits to any employer, as necessary to correct administrative errors or address fraudulent claims charged to employers, except with respect to employers who are charged the delinquency assessment rate because they have not filed any quarterly report required by this chapter with respect to assessments with the Department.

(14) Notwithstanding any other provisions in this section, for calendar year 2023, effective January 1, 2023, employers shall be assigned a basic assessment rate in accordance with the following table:

2023 – Special 1-Year Schedule of Rates

a. If the employer’s benefit wage ratio exceeds the highest percentage in the table set forth in this paragraph (b)(14) of this section the employer’s basic assessment rate shall be 5.40%.

b. Employers who are determined for calendar year 2023 to have the delinquency rate of assessment pursuant to paragraph (b)(6) of this section shall continue to be assigned the delinquency rate.

(15) Notwithstanding any other provisions in this section, for calendar year 2024, effective January 1, 2024, employers shall be assigned a basic assessment rate in accordance with the following table:

2024 — Special 1-Year Schedule of Rates

a. If the employer’s benefit wage ratio exceeds the highest percentage in the table set forth in this paragraph (b)(15), the employer’s basic assessment rate shall be 5.40%.

b. Employers who are determined for calendar year 2024 to have the delinquency rate of assessment pursuant to paragraph (b)(6) of this section shall continue to be assigned the delinquency rate.

(16) Notwithstanding any other provisions in this section, for assessment years 2025 and 2026, employers shall be assigned a basic assessment rate as follows:

a. The Department shall calculate the average high cost multiple as set forth in § 3350C of this title.

b. If the average high cost multiple is greater than or equal to 1.0, employers shall be assigned a basic assessment rate in accordance with Schedule A of the Assessment Rate Schedule table in paragraph (b)(16)c. of this section. If the average high cost multiple is less than 1.0, employers shall be assigned a basic assessment rate in accordance with Schedule B of the Assessment Rate Schedule table in paragraph (b)(16)c. of this section.

c. Assessment Rate Schedule for Assessment Rate Years 2025 and 2026

d. If the employer’s benefit wage ratio exceeds the highest percentage in the Assessment Rate Schedule table set forth in this paragraph (b)(16), the employer’s basic assessment rate shall be 5.4%.

e. Notwithstanding anything in this paragraph (b)(16) to the contrary, employers who are determined for assessment rate year 2025 or 2026 to have the delinquency assessment rate pursuant to paragraph (b)(6) of this section shall continue to be assigned the delinquency assessment rate. The Department shall have the authority, in its sole discretion, to waive the delinquency assessment rate set forth in this section for good cause shown by an employer.

If the employer’s benefit wage ratio exceeds the percentage in the last column of the table opposite the State Experience Factor, the employer’s basic contribution rate shall be 8%.

(6) No employer’s basic assessment rate or new employer rate for the period of 12 months commencing January 1 of any calendar year shall be less than 63/10% unless all required reports and all assessment due on wages paid for employment for such employer during pay periods ending on or prior to June 30 of the preceding year have been received by the Department on or prior to September 30 of such preceding year. If such required reports and assessments due are received by the Department after September 30 of the preceding year but prior to or on the last day of any calendar quarter of any calendar year, such employer’s basic assessment rate or new employer rate for assessments on wages paid for employment for such employers during pay periods in the said calendar quarter and for wages paid for employment for such employer during pay periods in all succeeding calendar quarters in such calendar year shall be the basic assessment rate as determined for such employer under paragraph (b)(5) of this section or the new employer rate as determined for such employer under § 3348 of this title, whichever the Department determines is applicable.

(7) Effective July 1, 1994, notwithstanding any inconsistent provisions of this chapter, if, after the last day of any claimant’s benefit year but within the 90 days next following thereafter, an employer for whom benefit wage charges were made as a consequence of such claimant’s receipt of benefits files a written notice in such manner as the Department shall prescribe, stating that the employer had reemployed such claimant within the claimant’s benefit year, and the Department finds that such employee received in benefits a total amount aggregating not more than 25% of the maximum benefit payments to which the employee was entitled within such benefit year because of such reemployment, the employer’s benefit wage record shall be credited with 75% of the benefit wages previously charged against the employer relating to such claimant’s previous employment; or if the Department finds that such employee received in benefits an amount aggregating more than 25% but not more than 50% of the maximum benefits to which the employee was entitled within such benefit year because of such reemployment, the employer’s benefit wage record shall be credited with 50% of the benefit wages previously charged against the employer relating to such claimant’s previous employment; or if the Department finds that such employee received in benefits a total amount aggregating more than 50% but not more than 75% of the maximum benefits to which the employee was entitled within such benefit year because of such reemployment, the employer’s benefit wage record shall be credited with 25% of the benefit wages previously charged against the employer relating to such claimant’s previous employment. In computing an employer’s assessment rate for any calendar year, credits may be used only in connection with rehires of claimants whose benefit years ended no later than June 30 of the calendar year immediately preceding. Rehire credits shall be applied to the employer’s benefit wage record in the calendar year and quarter in which the claimant’s benefit year exhausted. An employer may apply for rehire credits relating to a claim for benefits, including benefits paid as a consequence of a claim for partial unemployment benefits, regardless of the number of separate periods of unemployment a claimant had during the claimant’s benefit year.

Employer “rehire credits” as defined above shall not be used in the calculation of the “state experience factor” as determined in accordance with paragraph (b)(4) of this section.

(8) For the last 3 calendar quarters of 1959, the 4 calendar quarters of 1960 and the first calendar quarter of 1961, every rated employer shall pay, in addition to the assessment set for such employer under paragraph (b)(5) of this section, an additional assessment of 11/2% of wages paid by the employer in each of the aforesaid calendar quarters.

(9) Supplemental assessment rate.

a. For any calendar year beginning January 1, 1988, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is equal to or greater than $90 million as of the preceding September 30, each employer’s new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a “supplemental assessment rate” in accordance with the following table:

b. For any calendar year beginning January 1, 1988, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is less than $90 million as of the preceding September 30, each employer’s new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a “supplemental assessment rate” in accordance with the following table:

c. For any calendar year beginning January 1, 1990, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is equal to or greater than $130 million as of the preceding September 30, each employer’s new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a “supplemental assessment rate” in accordance with the following table:

d. For any calendar year beginning January 1, 1996, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is equal to or greater than $200 million as of the preceding September 30, each employer’s new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a “supplemental assessment rate” in accordance with the following table:

e. For any calendar year beginning January 1, 1998, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is equal to or greater than $215 million as of the preceding September 30, each employer’s new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a “supplemental assessment rate” in accordance with the following table:

f. For any calendar year beginning January 1, 2000, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is equal to or greater than $250 million as of the preceding September 30, each employer’s new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a “supplemental assessment rate” in accordance with the following table:

g. For any calendar year beginning January 1, 2002, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is equal to or greater than $300 million as of the preceding September 30, each employer’s new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a “supplemental assessment rate” in accordance with the following table:

h. For any calendar year beginning January 1, 1990, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is less than $130 million as of the preceding September 30, each employer’s new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a “supplemental assessment rate” in accordance with the table in paragraph (b)(9)a. or b. of this section as determined by the balance in the Unemployment Insurance Trust Fund.

i. For any calendar year beginning January 1, 1996, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is less than $200 million as of the preceding September 30, each employer’s new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a “supplemental assessment rate” in accordance with the table in paragraph (b)(9)a., b. or c. of this section as determined by the balance in the Unemployment Insurance Trust Fund.

j. For any calendar year beginning January 1, 1998, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is less than $215 million as of the preceding September 30, each employer’s new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a “supplemental assessment rate” in accordance with the table in paragraph (b)(9)a., b., c. or d. of this section as determined by the balance in the Unemployment Insurance Trust Fund.

k. For any calendar year beginning January 1, 2000, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is less than $250 million as of the preceding September 30, each employer’s new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a “supplemental assessment rate” in accordance with the table in paragraph (b)(9)a., b., c., d. or e. of this section as determined by the balance in the Unemployment Insurance Trust Fund.

l. For any calendar year beginning January 1, 2002, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is less than $300 million as of the preceding September 30, each employer’s new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a “supplemental assessment rate” in accordance with the table in paragraph (b)(9)a., b., c., d., e. or f. of this section as determined by the balance in the Unemployment Insurance Trust Fund.

m. For any calendar year beginning January 1, 2004, and ending December 31, 2023, each employer’s new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a “supplemental assessment rate” of 0.2%.

n. [Repealed.]

(10) [Repealed.]

(11) Notwithstanding any other provision of this title to the contrary, no employee benefit wages, as defined in paragraph (b)(1) of this section, for weeks of total or partial unemployment from March 15, 2020, through and including March 21, 2020, and no claims determined by the Department to be COVID-19 related claims, will be included in the employer’s benefit wages for purposes of paragraph (b)(2), (3) or (4) of this section, and no benefit payments made from the Unemployment Insurance Trust Fund based on claims filed from March 15, 2020, through and including March 21, 2020, and no benefit payments made from the Unemployment Insurance Trust Fund based on claims determined by the Department to be COVID-19 related claims, shall be included in the state experience factor calculated in paragraph (b)(4) of this section. An employer’s or agent of the employer’s failure to timely or adequately respond to a separation notice for a claim filed from March 15, 2020, through and including March 21, 2020, and for a claim determined by the Department to be a COVID-19 related claim will not result in benefit wage charges being assessed to such employer’s experience merit rating account under § 3317 or § 3318 of this title, unless the Department determines such failure has resulted in an overpayment of benefits and the employer or agent of the employer has established a pattern of failing to respond timely or adequately.

(12) Notwithstanding the required computation of the employer assessment rate to be determined by the Department for the next succeeding calendar year pursuant to this section, for calendar year 2022, employers shall be assigned an assessment rate equal to the lowest of the rate determined by the Department pursuant to this section for the calendar year 2020, 2021, or 2022; except that employers who are determined for calendar year 2022 to have the delinquency rate of assessment pursuant to paragraph (b)(6) of this section shall continue to be assigned the delinquency rate, subject to the administrative authority provided for in paragraph (b)(13) of this section.

(13) Notwithstanding paragraph (b)(6) of this section, the Department shall have the authority in its sole discretion to make changes to the delinquency assessment rate of any employer to take effect on the date determined by the Department, and to provide assessment credits to any employer, as necessary to correct administrative errors or address fraudulent claims charged to employers, except with respect to employers who are charged the delinquency assessment rate because they have not filed any quarterly report required by this chapter with respect to assessments with the Department.

(14) Notwithstanding any other provisions in this section, for calendar year 2023, effective January 1, 2023, employers shall be assigned a basic assessment rate in accordance with the following table:

2023 – Special 1-Year Schedule of Rates

a. If the employer’s benefit wage ratio exceeds the highest percentage in the table set forth in this paragraph (b)(14) of this section the employer’s basic assessment rate shall be 5.40%.

b. Employers who are determined for calendar year 2023 to have the delinquency rate of assessment pursuant to paragraph (b)(6) of this section shall continue to be assigned the delinquency rate.

(15) Notwithstanding any other provisions in this section, for calendar year 2024, effective January 1, 2024, employers shall be assigned a basic assessment rate in accordance with the following table:

2024 — Special 1-Year Schedule of Rates

a. If the employer’s benefit wage ratio exceeds the highest percentage in the table set forth in this paragraph (b)(15), the employer’s basic assessment rate shall be 5.40%.

b. Employers who are determined for calendar year 2024 to have the delinquency rate of assessment pursuant to paragraph (b)(6) of this section shall continue to be assigned the delinquency rate.

(16) Notwithstanding any other provisions in this section, for assessment years 2025 and 2026, employers shall be assigned a basic assessment rate as follows:

a. The Department shall calculate the average high cost multiple as set forth in § 3350C of this title.

b. If the average high cost multiple is greater than or equal to 1.0, employers shall be assigned a basic assessment rate in accordance with Schedule A of the Assessment Rate Schedule table in paragraph (b)(16)c. of this section. If the average high cost multiple is less than 1.0, employers shall be assigned a basic assessment rate in accordance with Schedule B of the Assessment Rate Schedule table in paragraph (b)(16)c. of this section.

c. Assessment Rate Schedule for Assessment Rate Years 2025 and 2026

d. If the employer’s benefit wage ratio exceeds the highest percentage in the Assessment Rate Schedule table set forth in this paragraph (b)(16), the employer’s basic assessment rate shall be 5.4%.

e. Notwithstanding anything in this paragraph (b)(16) to the contrary, employers who are determined for assessment rate year 2025 or 2026 to have the delinquency assessment rate pursuant to paragraph (b)(6) of this section shall continue to be assigned the delinquency assessment rate. The Department shall have the authority, in its sole discretion, to waive the delinquency assessment rate set forth in this section for good cause shown by an employer.
19 Del. C. § 3709 — Delaware Code / Title 19 / Chapter 37 / Section 3709
§ Â
        3709. Coordination of benefits.
Status: in_force

(a) (1) Covered leave that also qualifies as leave under the FMLA runs concurrently with leave taken under the FMLA and may not be taken in addition to leave under the FMLA.

(2) An employer may require that payment made under this chapter be made concurrently or otherwise coordinated with payment made or leave allowed under the terms of disability or family care leave under a collective bargaining agreement or employer policy. The employer shall give employees written notice of this requirement. Disability insurance benefits may be offset by family and medical leave benefits pursuant to the terms of a disability insurance policy.

(3) An employer may not require a covered individual to use unused accrued paid time off prior to a covered individual accessing family and medical leave benefits. An employer and employee may agree to use the employee’s employer-provided accrued paid time off to supplement any paid family and medical leave benefits paid under this chapter. For purposes of this paragraph (a)(3) of this section, “paid time off” includes an employer’s provision of vacation and sick leave.

(4) A covered individual may not access family and medical leave benefits if the use of family and medical leave benefits results in the covered individual receiving more than 100% of the covered individual’s weekly wages.

(5) The paid family and medical leave insurance program under this chapter is the primary payor. Other available income replacement benefits must be coordinated with the paid family and medical leave benefit according to the terms of the policy or procedure governing other available benefits.

(b) (1) This chapter does not diminish an employer’s obligation to comply with any of the following that provide more generous leave:

a. A collective bargaining agreement.

b. An employer policy.

c. Any other law.

(2) An individual’s right to covered leave may not be diminished by a collective bargaining agreement entered into or renewed, or an employer policy adopted or retained, after July 1, 2022.

(3) An agreement by an individual to waive the individual’s rights under this chapter is void as against public policy.
19 Del. C. § 3501 — Delaware Code / Title 19 / Chapter 35 / Section 3501
§ Â
        3501. Definitions.
Status: in_force

(a) As used in this chapter:

(1) “Construction services” includes, without limitation, all building or work on buildings, structures, and improvements of all types such as bridges, dams, plants, highways, parkways, streets, tunnels, sewers, mains, power lines, pumping stations, heaving generators, railways, airports, terminals, docks, piers, wharves, buoys, jetties, breakwaters, levees, canals, dredging, shoring, rehabilitation and reactivation of plants, scaffolding, drilling, blasting, excavating, clearing and landscaping.

(2) “Contractor” means a person, partnership, association, joint stock company, trust, corporation, limited liability company, or other legal business entity or successor or subsidiary thereof that engages in construction services or maintenance under an express or implied contract on behalf of another entity or individual for profit within the State, and includes any subcontractor or lower tier subcontractor of a contractor.

(3) “Debarment” means that no public construction contract in this State shall be bid on, awarded to or received by any employer or any person, firm, partnership or corporation in which such employer has an interest who, within 2 years after entry of a judgment pursuant to this chapter, is adjudicated in violation of this chapter in a subsequent proceeding, until 3 years have elapsed from the date of the subsequent penalty judgment.

(4) “Department” shall have the meaning set forth in § 101(a)(2) of this title.

(5) “Employee” means any person or entity directly hired by, or directly permitted to work by an employer in the State, for work to be performed wholly or partly therein. This chapter does not apply to employees of the United States government, the State or any political subdivision thereof.

(6) “Employer” means any individual, partnership, association, joint stock company, trust, corporation, the administrator or executor of the estate of a deceased individual or the receiver, trustee or successor of any of the same employing any person excepting those provided for in subsection (b) of this section. This chapter does not apply to employees of the United States government, the State or any political subdivision thereof.

(7) “Exempt person” means any individual who:

a. Performs services in a personal capacity and who employs no individuals other than a spouse, child, or immediate family member of the individual;

b. Performs services free from direction and control over the means and manner of providing the services, subject only to the right of the person or entity for whom services are provided to specify the desired result;

c. Furnishes the tools and equipment necessary to provide the services; and

d. Operates a business that is considered inseparable from the individual for purposes of taxes, profits, and liabilities, in which the individual:

1. Owns all of the assets and profits of the business; and

2. Has sole, unlimited, personal liability for all of the debts and liabilities of the business; or alternatively, if the business is organized as a single-person corporate entity, to which sole, unlimited personal liability does not apply, the individual must be the sole member of said single-person corporate entity; and

3. For which the individual does not pay taxes for the business separately but reports business income on the individual’s personal income tax return; and

e. Exercises complete control over the management and operations of the business.

(8) “General contractor” and “construction manager” means an entity or individual who has primary responsibility for providing labor and other services necessary for the construction services in a contract. “General contractor” and “construction manager” also means a higher tier contractor of a subcontractor.

(9) “Independent contractor” means an individual or entity who meets all of the following:

a. Performs the work free from the employer’s control and direction over the performance of the employee’s services.

b. Is customarily engaged in an independently established trade, occupation, profession, or business.

c. Performs work which is either of the following:

1. Outside of the usual course of business of the employer for whom the work is performed.

2. Performed by a registered contractor under Chapter 36 of this title outside of any place of business of the employer for whom the work is performed.

(10) “Knowingly” means having actual knowledge of, or acting with deliberate ignorance, or reckless disregard for the prohibition involved.

(11) “Labor broker” means an entity or individual that hires employees and sells the services of the employees to another employer in need of temporary employees.

(12) “Outside of the usual course of business” means work an individual performs for an employer that is any of the following:

a. At a location that is not the employer’s place of business.

b. Not integrated into the employer’s operation.

c. Unrelated to the employer’s business.

(13) “Place of business” means the principal office or headquarters of the employer, but does not mean a work site at which the employer has been contracted to perform services.

(14) “Public body” means:

a. The State;

b. A unit of state government or an instrumentality of the State; or

c. Any political subdivision, agency, person or entity that is a party to a contract for which the State appropriated any part of the funds to be used for payment.

(15) “Secretary” or “Secretary of Labor” shall have the meaning set forth in § 101(a)(5) of this title.

(16) “Stop work order” means written notice from the Secretary to an employer to cease or hold work until the employer is given notice by the Secretary to resume work.

(17) “Subcontractor” means a lower tier contractor of a contractor, including owner operators or independent contractors.

(18) “Violate” or “attempts to violate” includes, but is not limited to, any intent to evade, misrepresent or wilfully nondisclose.

(b) For the purposes of this chapter the officers of a corporation and any agents having the management thereof who knowingly permit the corporation to violate this chapter shall be deemed to be the employers of the employees of the corporation.
19 Del. C. § 746 — Delaware Code / Title 19 / Chapter 7 / Subchapter V / Section 746
§ Â
        746. Commission organization; meetings; officers; quorum.
Status: in_force

(a) The Commission shall hold regularly scheduled business meetings at least once in each quarter, and at such times as the chairperson deems necessary, or at the request of a majority of the members of the Commission.

(b) The Commission shall elect a chairperson and vice-chairperson. Each officer shall serve for a 2–year term. Each officer may be reelected for an additional consecutive term.

(c) A majority of the members shall constitute a quorum for the purpose of transacting business.
19 Del. C. § 1107 — Delaware Code / Title 19 / Chapter 11 / Section 1107
§ Â
        1107. Withholding of wages.
Status: in_force

No employer may withhold or divert any portion of an employee’s wages unless:

(1) The employer is required or empowered to do so by state or federal law; or

(2) The deductions are for medical, surgical or hospital care or service, without financial benefit to the employer, and are openly, clearly and in due course recorded in the employers’ books; or

(3) The employer has a signed authorization by the employee for deductions for a lawful purpose accruing to the benefit of the employee, except that the Department, upon finding that it is acting in the public interest, may, by regulation, prohibit such withholding or diverting for such purpose. If the Department abuses its discretion and acts arbitrarily and without any reasonable ground, any aggrieved person may institute a civil action in the Superior Court to have such regulation declared null and void. The Department, in such action, shall not be liable for costs or fees of any nature.
19 Del. C. § 3320 — Delaware Code / Title 19 / Chapter 33 / Subchapter II / Section 3320
§ Â
        3320. Review.
Status: in_force

(a) The Unemployment Insurance Appeal Board [UIAB] may on its own motion, affirm, modify, or reverse any decision of an appeal tribunal on the basis of the evidence previously submitted to the appeal tribunal or it may permit any of the parties to such decision to initiate further appeal before it. The Unemployment UIAB shall remand a case to the appeal tribunal to supplement the existing evidence when it is determined to be insufficient to form a substantial basis for a decision. Appeals to the UIAB may be made by the parties to a disputed unemployment insurance claim, as well as by the claims deputy whose decision is modified or reversed by an appeals tribunal. The UIAB shall promptly notify all interested parties of its findings and decision.

(b) On, or after, July 7, 2005, the UIAB shall schedule and hear any appeal of an Appeals Referee’s decision where such appeal, although timely filed, was not scheduled and heard by the UIAB prior to December 31, 2004. Notwithstanding the appeal period set forth in § 3318(c) of this title, until August 6, 2005, the Unemployment Insurance Appeal Board shall consider as timely, any appeal of an Appeals Referee decision that could not have been accepted after December 31, 2004, and prior to July 7, 2005.
19 Del. C. § 3371 — Delaware Code / Title 19 / Chapter 33 / Subchapter IV / Section 3371
§ Â
        3371. Waiver or release of benefits; agreement by employee to pay assessments; penalties.
Status: in_force

(a) Any agreement by an individual to waive, release or commute the individual’s rights to benefits or any other rights under this chapter shall be void.

(b) Any agreement by any individual in the employ of any person or concern to pay all or any portion of an employer’s assessments, required under this chapter from such employer, shall be void.

(c) No employer shall directly or indirectly make or require or accept any deduction from wages to finance the employer’s assessments required from the employer, require or accept any waiver of any right hereunder by any individual in the employer’s employ, wilfully or intentionally discriminate in regard to the hiring or tenure of work on any term or condition of work of any individual on account of the individual claiming benefits under this chapter or in any manner obstruct or impede the filing of claims for benefits.

(d) Whoever, being an employer or officer or agent of an employer, wilfully or intentionally violates any provision of this section shall, for each offense, be fined not less than $23 nor more than $230 or imprisoned not more than 90 days, or both.
19 Del. C. § 716 — Delaware Code / Title 19 / Chapter 7 / Subchapter II / Section 716
§ Â
        716. Posting of notices; penalties.
Status: in_force

(a) Every employer, employment agency and labor organization, as the case may be, shall post and keep posted in conspicuous places upon its premises where notices to employees, and applicants for employment are customarily posted, a notice to be prepared or approved by the Department setting forth excerpts from or summaries of the pertinent provisions of this subchapter and subchapter III of this chapter and information pertinent to the filing of a complaint.

(b) (1) An employer shall provide notice of the right to be free from discrimination in relation to pregnancy, childbirth, and related conditions, including the right to reasonable accommodation to known limitations related to pregnancy, childbirth, and related conditions, pursuant to § 711(b)(3) of this title as follows:

a. In writing to new employees at the commencement of employment;

b. Orally or in writing to existing employees by January 7, 2015; and

c. Orally or in writing to any employee who notifies the employer of her pregnancy within 10 days of such notification.

(2) The notice required by paragraph (b)(1) of this section shall also be conspicuously posted at an employer’s place of business in an area accessible to employees.

(c) A wilful violation of this section shall be punishable by a fine of not more than $100 for each separate offense.
19 Del. C. § 3329 — Delaware Code / Title 19 / Chapter 33 / Subchapter II / Section 3329
§ Â
        3329. Voluntary withholding of federal income tax from benefits.
Status: in_force

(a) An individual filing a new claim for unemployment insurance benefits shall, at the time of filing such claim, be advised that:

(1) Unemployment insurance benefits are subject to federal, state and local income tax;

(2) Requirements exist pertaining to estimated tax payments;

(3) The individual may elect to have federal income tax deducted and withheld from the individual’s payment of unemployment insurance benefits at the amount specified in the federal Internal Revenue Service Code; and

(4) The individual shall be permitted to change a previously elected withholding status no more than once during a claim benefit year.

(b) Amounts deducted and withheld from unemployment insurance benefits shall remain in the Unemployment Insurance Trust Fund until transferred to the federal taxing authority as a payment of income tax.

(c) The Director of Unemployment Insurance shall follow all procedures specified by the United States Department of Labor and the federal Internal Revenue Service pertaining to the deducting and withholding of income tax.

(d) Amounts deducted and withheld from unemployment insurance benefits for federal income tax shall be deducted and withheld only after amounts are deducted and withheld in the deduction priority established by the Director of Unemployment Insurance for any overpayments, child support obligations, food stamp over-issuances or any other amounts required to be deducted and withheld under this title.

(e) The provisions of this section relating to the voluntary deduction and withholding of federal income tax from unemployment insurance benefits shall apply to benefit payments made on or after January 1, 1997.
19 Del. C. § 1904 — Delaware Code / Title 19 / Chapter 19 / Section 1904
§ Â
        1904. Notice.
Status: in_force

(a) An employer may not order a mass layoff, plant closing, or relocation if the mass layoff, plant closing, or relocation will cause an employment loss unless, at least 60 days before the order takes effect, the employer gives written notice of the order to all of the following:

(1) Affected employees and the representatives of affected employees.

(2) The Delaware Department of Labor Division of Employment and Training, WARN Act Administrator.

(3) The Delaware Workforce Development Board established pursuant to the federal Workforce Innovation Opportunity Act (P.L. 113-128) for the locality in which the mass layoff, plant closing or relocation will occur.

(b) An employer required to give notice of any mass layoff, plant closing or relocation under this chapter shall include in its notice the elements required by the federal Worker Adjustment and Retraining Notification Act (29 U.S.C. § 2101 et seq.). Notice shall include the name, job title, home address, telephone number, and email address of each planned dislocated worker. Notice shall also include general information regarding any payouts, severance packages, job relocation opportunities and retirement options that will be offered to the dislocated workers. Notice shall include whether the employer is self-insured for workers’ compensation insurance pursuant to Chapter 23 of this title.

(c) Notwithstanding the requirements of subsection (a) of this section, an employer is not required to provide notice if a mass layoff, plant closing or relocation is necessitated by a physical calamity or an act of terrorism or war.

(d) The mailing of notice to an employee’s last known address by either first class or certified mail, the hand delivery of notice to an employee, or the inclusion of notice in an employee’s paycheck shall be considered acceptable methods for fulfillment of the employer’s obligation to give notice to each affected employee under this chapter.

(e) In the case of a sale of part or all of an employer’s business, the seller shall be responsible for providing notice for any mass layoff, plant closing or relocation where any of the above will cause an employment loss, in accordance with this section, up to and including the effective date of the sale. After the effective date of the sale of part or all of an employer’s business, the purchaser shall be responsible for providing notice for any mass layoff, plant closing or relocation where any of the above will cause an employment loss, in accordance with this section. Notwithstanding any other provision of this chapter, any person who is an employee of the seller as of the effective date of the sale shall be considered an employee of the purchaser immediately after the effective date of the sale.

(f) Nothing set forth herein shall be read to abridge, abrogate, or restrict the right of any state or local entity to require an employer that is receiving state or local economic development incentives for doing or continuing to do business in this State from being required to provide additional or earlier notice as a condition for the receipt of such incentives.

(g) Nothing set forth herein shall be read to prevent an employer who is not required to comply with the notice requirements of this section, to the extent possible, to provide notice to its employees about a proposal to close a plant or permanently reduce its workforce.
19 Del. C. § 2331 — Delaware Code / Title 19 / Chapter 23 / Subchapter II / Section 2331
§ Â
        2331. Burial expenses where death results from injury.
Status: in_force

If death results from the injury, the employer shall pay the reasonable burial expenses of an injured employee, not exceeding $3,500, but without deduction of any amount theretofore paid for compensation or medical expense, except that any bill for reasonable funeral expenses resulting from the death of an injured employee contracted for in an amount in excess of $3,500 may be approved by the Industrial Accident Board.
19 Del. C. § 1318 — Delaware Code / Title 19 / Chapter 13 / Section 1318
§ Â
        1318. 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 September 23, 1994, 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 § 1311(b) of this title, or until the Board finds the unit not to be appropriate in accordance with § 1310(f) of this title.
19 Del. C. § 1608 — Delaware Code / Title 19 / Chapter 16 / Subchapter I / Section 1608
§ Â
        1608. Unfair labor practices â Disposition of complaints.
Status: in_force

(a) The Public Employment Relations Board is empowered and directed to prevent any unfair labor practice described in § 1607(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 described in § 1607(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 employee; provided, however, that the Board shall not issue:

a. Any order providing for binding interest arbitration or 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 the conclusions of law and issues and dismiss the complaint.

(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. § 2373 — Delaware Code / Title 19 / Chapter 23 / Subchapter IV / Section 2373
§ Â
        2373. Payment of compensation by self-insurer.
Status: in_force

Whenever an employer who is a self-insurer under this chapter enters into an agreement to pay compensation to an injured employee or the employee’s dependents in case of the employee’s death or whenever an award is made by the Board in favor of such injured employee or the employee’s dependents in case of the employee’s death, the employer shall pay the full liability under the agreement or award to a savings bank or trust company in accordance with § 2359 of this title. Such fund, together with all interest arising from the investment thereof, shall be held and paid out in accordance with § 2359 of this title. Failure on the part of a self-insured employer to make such payment within 30 days after the making of an agreement or award shall forthwith terminate the right of such employer to carry the employer’s own insurance.
19 Del. C. § 745 — Delaware Code / Title 19 / Chapter 7 / Subchapter V / Section 745
§ Â
        745. Establishment of Employment First Oversight Commission.
Status: repealed

(a) There is hereby established an Employment First Oversight Commission under the purview of the State Council for Persons with Disabilities, which shall facilitate the full, effective and timely implementation of this subchapter.

(b) The Commission shall consist of members, who are residents of this State, or work in the State and whose employment agency shall either represent or advocate for the employment of persons with disabilities.

(1) Four members who are persons with a disability and who are knowledgeable of disability issues whom shall be recommended by the Commission, 1 of whom shall be a veteran and 1 of whom shall be a member of the State Council for Persons with Disabilities, and including all of the following:

a. One shall be appointed by the Speaker of the House of Representatives.

b. One shall be appointed by the Minority Leader of the House of Representatives.

c. One shall be appointed by the President Pro Tempore of the Senate.

d. One shall be appointed by the Minority Leader of the Senate.

(2) One member who is experienced with employment service programs and who is not a state employee and who shall be appointed by the chair of the State Council for Persons with Disabilities.

(3) A representative of the Division of Industrial Affairs, appointed by the Secretary of Labor.

(4) A representative of the Division of Vocational Rehabilitation, appointed by the Secretary of Labor.

(5) The Secretary of Education or a designee appointed by the Secretary.

(6) The Secretary of Health and Social Services or a designee appointed by the Secretary.

(7) The Director of the Division of Developmental Disabilities Services or a designee appointed by the Director.

(8) The Chair of the Developmental Disabilities Council or a designee appointed by the Chair.

(9) The Secretary of the Department of Human Resources or a designee appointed by the Secretary.

(10) The Executive Director of the Delaware Community Legal Aid Society Inc. or a designee appointed by the Executive Director.

(11) The Director of the Division for the Visually Impaired or a designee appointed by the Director.

(12) The Director of the Division of Substance Abuse and Mental Health or a designee appointed by the Director.

(13) Other councils, committees, agencies, organizations and individuals as approved by both the Employment First Oversight Commission and the affected council, committee, agency, organization or individual.

(c)-(e) [Repealed.]

(f) Members of the Commission shall serve without compensation.

(g) Any member, who is absent without adequate reason for 3 consecutive meetings, or who fails to attend at least half of all regular business meetings during any calendar year, shall be subject to suspension or removal from the Commission.
19 Del. C. § 3804 — Delaware Code / Title 19 / Chapter 38 / Section 3804
§ Â
        3804. The Program.
Status: in_force

The Program shall have such features as the Board in its discretion may adopt, subject to applicable federal law, and the following mandatory provisions:

(1) Each participant may have only 1 account with the Program, and all participating employers shall promptly remit the participant’s contributions under the Program to that account.

(2) Employers and nonparticipants may not contribute funds to program accounts.

(3) Employers shall not be fiduciaries with respect to, or be liable for, program design, program-related information, educational materials, or forms or disclosures approved by the Board, or the selection or performance of vendors selected by the Board. No employer, the State or any agency or instrumentality of the State, the Program, its administrator or personnel, shall be responsible for, or obligated to monitor a covered employee’s or participant’s decision to participate in or opt out of the Program, or for contribution decisions, investment decisions, or failure to comply with the statutory eligibility conditions or limits on IRA contributions. No employer shall guarantee any investment, rate of return, or interest on assets in any participant account or the administrative fund or be liable for any market losses, failure to realize gains, or any other adverse consequences, including the loss of favorable tax treatment or public assistance benefits, incurred by any person as a result of participating in the Program. Nothing in this subsection shall relieve an employer from liability for criminal, fraudulent, tortious or otherwise actionable conduct, including liability related to the failure to remit employee contributions.

(4) When and as required by the Board, covered employers shall:

a. Register with the Program and provide the program administrator relevant information about the employer’s employees.

b. Offer or assist the Program in offering all covered employees the choice to either participate in the Program by voluntarily contributing to an IRA under the Program or opt out of the Program.

c. Provide or assist the program administrator in providing program-related information, educational materials, and disclosures to covered employees and participants.

d. Timely remit participant contributions.

e. Perform any other duties or functions the Board may require to facilitate enrollment and administration of the Program.

(5) Covered employees who do not opt out shall be automatically enrolled in the Program at the default rate specified by the Board or at the rate or amount expressly specified by an employee in connection with the payroll deduction IRA arrangements. Participants shall have the right to modify their contribution rates or amounts, or terminate their participation in the Program at any time, subject to such rules as may be adopted by the Board.

(6) The initial automatic default contribution rate shall be established by the Board in its discretion.

a. The automatic default contribution rate may be changed by the Board from time to time. It shall not be less than 3% nor more than 6% of compensation.

b. The Board may determine in its discretion to increase the automatic default contribution rate for all participants based on their years of participation, provided that such increases shall be either 1% or 2% of compensation and shall not occur more frequently than annually.

c. The maximum default contribution rate established by the Board shall not exceed 15%.

d. The initial or subsequent default contribution rates shall apply to all participants who do not affirmatively select a different initial or subsequent contribution rate, or who do not affirmatively opt out of automatic contribution rate increases.

e. All contribution rates are subject to the dollar limits on contributions provided by law.

(7) Except as otherwise provided in this chapter, all IRAs established under the Program shall be Roth IRAs. The Board may authorize participants to utilize traditional IRAs in connection with the Program and allocate contributions between Roth and traditional IRAs, subject in all cases to the IRA contribution and income eligibility limits applicable under the Internal Revenue Code. If the Board authorizes participants to maintain both Roth and traditional IRAs, each shall be deemed to be a sub-account of the participant’s single account under the Program consistent with paragraph (1) of this section.

(8) Contributions shall be invested in the default investment option unless the participant affirmatively elects to invest some or all balances in 1 or more approved investment options offered by the Program. A participant shall have the opportunity to change investments for future contributions or existing balances or both, subject to rules adopted by the Board.

(9) A participant’s total annual contributions under the Program shall be subject to the limits established under federal law.

(10) A participant’s contributions and earnings thereon shall be held in the trust and combined for investment purposes only. Separate records and accounting shall be required for each account. Reports on the status of each participant’s account must be provided to each participant at least annually. Participants must have online access to their accounts.

(11) A participant’s account shall be portable with respect to any covered or participating employer. A former participant who is either unemployed, or who is employed by a noncovered employer, shall be permitted to contribute to accounts outside of the Program. A participant shall be entitled to maintain an account within the Program regardless of place of employment or to roll over or transfer balances into other IRAs or other retirement plans or accounts that accept such rollovers or transfers.

(12) A participant’s and former participant’s ability to withdraw or roll over or transfer account balances is subject to all fees, penalties, and taxes under applicable law.

(13) A participant’s and former participant’s ability to receive distributions of contributions and earnings is subject to applicable law.

(14) Information relating to accounts under the Program, including personally identifiable information, is confidential and shall be maintained as confidential except to the extent disclosure is necessary to administer the Program, authorized by the participant in writing, or permissible or required under other applicable law, regulation, or order.
19 Del. C. § 1612 — Delaware Code / Title 19 / Chapter 16 / Subchapter I / Section 1612
§ Â
        1612. 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 appropriate 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. § 3107 — Delaware Code / Title 19 / Chapter 31 / Subchapter I / Section 3107
§ Â
        3107. Unemployment Compensation Advisory Council.
Status: in_force

(a) There is hereby established the Unemployment Compensation Advisory Council.

(b) The Unemployment Compensation Advisory Council shall serve in an advisory capacity to the Director of Unemployment Insurance and aid the Director in reviewing the unemployment insurance program as to its content, adequacy and effectiveness, and make recommendations for its improvement.

(c) The Unemployment Compensation Advisory Council shall have the following 10 members:

(1) The respective Chairperson of the Labor and Industrial Relations Committee of the State Senate and of the Labor Committee of the State House of Representatives, or a committee member designated by the respective Chairperson; and

(2) The respective Chairperson of the Small Business Committee of the State Senate and of the Business/Corporations/Commerce Committee of the State House of Representatives, or a committee member designated by the respective Chairperson; and

(3) The Secretary of Finance, or an individual designated by the Secretary, shall be a nonvoting member; and

(4) The Secretary of Labor, or an individual designated by the Secretary, shall be a nonvoting member; and

(5) Two persons representing the interests of the labor community to be appointed by the Governor; and

(6) Two persons representing the interests of business employers to be appointed by the Governor.

(d) (1) The term of the elected members of the General Assembly serving the Council shall coincide with their status as members of the designated committees.

(2) The term of the appointed officials serving on the Council shall coincide with their terms as Secretaries of the designated Departments.

(3) The term of the Council members representing the interests of labor and business employers shall be 3 years and all shall be eligible for reappointment.

(e) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(f) A Chairperson of the Council shall be chosen by the members of the Council and shall serve in that capacity for a term of 1 year and shall be eligible for reelection.

(g) Any appointment pursuant to this section to replace a member of the Council whose position becomes vacant prior to the expiration of the member’s term shall be filled by the Governor only for the remainder of that term.

(h) The Council will, on a periodic basis, no less frequently than annually, report its findings and recommendations to the Governor and to the General Assembly.
19 Del. C. § 3722 — Delaware Code / Title 19 / Chapter 37 / Section 3722
§ Â
        3722. Public education.
Status: in_force

(a) The Department shall conduct a public education campaign to inform employees and employers regarding the availability of family and medical leave benefits.

(b) The Department may use a portion of the funds collected for the family and medical leave benefits program in a given year to pay for the public education program.

(c) Outreach information provided under this section must be available in English, Spanish, and other languages spoken by more than 5% of the state’s population.
19 Del. C. § 1903 — Delaware Code / Title 19 / Chapter 19 / Section 1903
§ Â
        1903. Definitions.
Status: in_force

(a) For purposes of this chapter:

(1) “Affected employees” means employees who may reasonably be expected to experience an employment loss as a consequence of a proposed mass layoff, plant closing or relocation by their employer.

(2) “Days” means calendar days.

(3) “Department” means the Delaware Department of Labor.

(4) “Employer” means:

a. Any business enterprise that employs 100 or more employees, excluding part-time employees, or 100 or more employees that work in the aggregate at least 2,000 hours per week.

b. “Employer” does not include the federal or state government or any of their political subdivisions, including any unit of local government or any school district or charter school.

(5) a. “Employment loss” means any of the following:

1. An employment termination, other than a discharge for cause, voluntary departure, or retirement.

2. A mass layoff exceeding 6 months in duration.

3. A reduction in hours of work of more than 50% during each month of any consecutive 6-month period.

b. The term “employment loss” shall not result under circumstances where a mass layoff or plant closing is the result of the relocation or consolidation of part or all of the employer’s business and, before the mass layoff or plant closing, the employer offers to transfer the employee to a different site of employment within a reasonable commuting distance with no more than a 6-month break in employment, or the employer offers to transfer the employee to any other site of employment, regardless of distance, with no more than a 6-month break in employment, and the employee accepts within 30 days of the offer or of the mass layoff or plant closing, whichever is later.

(6) “Mass layoff” means a reduction in workforce which includes all of the following:

a. Is not the result of a plant closing.

b. Results in an employment loss at a single site of employment during any 30-day period for:

1. Fifty or more employees if they make up 33% of the employer’s total workforce at the site, excluding part-time employees or

2. Five hundred or more employees.

(7) “Part-time employee” means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required.

(8) “Plant closing” means the permanent or temporary shutdown of a single site of employment, or 1 or more facilities or operating units within a single site of employment, if the shutdown results in an employment loss at the single site of employment during any 30-day period for 50 or more employees (other than part-time employees).

(9) “Relocation” means the removal of all or substantially all of the industrial or commercial operations of an employer to a different location 50 miles or more away.

(10) “Representative” means an exclusive representative within the meaning of § 9(a) or § 8(f) of the National Labor Relations Act (29 U.S.C. §§ 159(a), 158(f)) or § 2 of the Railway Labor Act (45 U.S.C. § 152).

(11) “Secretary” shall mean the Secretary of the Delaware Department of Labor or a designated subordinate of the Secretary.

(12) “WARN Act” shall mean the federal Worker Adjustment and Retraining Notification Act (29 U.S.C. § 2101 et seq.).
19 Del. C. § 1621 — Delaware Code / Title 19 / Chapter 16 / Subchapter II / Section 1621
§ Â
        1621. Definitions [Effective upon enactment of comparable federal law].
Status: in_force

As used in this subchapter the term “employee” shall not include a firefighter or a member of a rescue squad during the period in which the firefighter or rescue squad member volunteers the firefighter’s or member’s services at a location where the firefighter or member is either employed or is not then or regularly employed.
19 Del. C. § 1104 — Delaware Code / Title 19 / Chapter 11 / Section 1104
§ Â
        1104. Unconditional payment of wages conceded to be due.
Status: in_force

(a) In case of a dispute over the amount of wages, the employer shall pay without condition and within the time set by this chapter all wages or parts thereof conceded by the employer to be due, leaving to the employee all remedies the employee might otherwise be entitled to, including those provided under this chapter, as to any balance claimed.

(b) The acceptance by an employee of a payment under this section shall not constitute a release as to the balance of the employee’s claim and any release required or obtained by an employer as a condition to payment shall be in violation of this chapter and shall be null and void.
19 Del. C. § 709C — Delaware Code / Title 19 / Chapter 7 / Subchapter I / Section 709C
§ Â
        709C. Transparency in pay rates, employment, and advancement opportunities [Effective Sept. 26, 2027].
Status: in_force

(a) As used in this section:

(1) “Employer” means as defined in § 709A of this title.

(2) “Hourly or salary compensation range” means the minimum to maximum pay range for the position, set in good faith by reference to any applicable pay scale, previously determined range for the position, the actual range of others currently holding equivalent positions, or the budgeted amount for the position, as applicable.

(b) (1) If an employer announces, posts, or otherwise makes known a job opportunity, the employer must include the hourly or salary compensation range and a general description of the benefits and other compensation.

(2) If an external or internal posting for the job opportunity has not been made available to an applicant, the employer must provide the applicant the hourly or salary compensation range and a general description of the benefits and other compensation for the job opportunity prior to any offer or discussion of compensation and at any time at the applicant’s request.

(3) Temporary, interim, or acting job opportunities that require an immediate hire are exempt from the requirement of paragraph (b)(1) of this section. The Department of Labor may promulgate regulations for temporary, interim, or acting job opportunities that necessitate immediate hire.

(c) (1) Except as provided under paragraph (c)(2) of this section, an employer must disclose all of the following in the notification of each job opportunity in both internal and external job postings:

a. The hourly or salary compensation or the hourly or salary compensation range. The breadth of the hourly or salary compensation range provided is 1 factor relevant to the analysis of whether an employer has complied in good faith with this section.

b. A general description of the benefits and other compensation applicable to the job opportunity.

(2) a. A notification for a job opportunity that is paid on a commission basis, whether in whole or in part, must disclose that fact and is not required to disclose the compensation or compensation range.

b. A notification for a job opportunity that is paid on a tipped basis must disclose that fact and provide the base wage or range of base wages for the job opportunity.

c. A notification for a job opportunity that is covered by a collective bargaining agreement must disclose the compensation or compensation range that has been approved for disclosure under this section in the collective bargaining agreement.

(d) An employer shall make, keep, and preserve records of job descriptions and salary or wage rate history for each employee for a period of not less than 3 years and shall make such record available to the Department of Labor upon request.

(e) (1) a. The Department of Labor (Department) shall administer and enforce this section. The Department may investigate suspected violations of this section and adjudicate alleged violations through administrative proceedings. The Department shall adopt regulations to establish the administrative procedures. The regulations shall require the Secretary of Labor (Secretary) to issue a final order, in writing, whenever the Secretary imposes a penalty and to provide prompt notice of the order.

b. A party aggrieved by a final order from the Secretary may appeal the order to the Superior Court within 30 days from the date notice was sent. The appeal shall be on the record without a trial de novo. If the Superior Court determines that the record is insufficient for its review, it shall remand the case to the Department for further proceedings on the record. When factual determinations are at issue, the Superior Court shall take due account of the Department’s experience and specialized competence and of the purposes of the basic law under which the Department has acted. In the absence of actual fraud, the Superior Court’s review shall be limited to a determination of whether the Department’s decision was supported by substantial evidence on the record before it.

c. After an appeal to the Superior Court or the time for appeal has expired, if penalties are unpaid, the Department may file an action in the Superior Court for execution upon the Secretary’s final order as if the order was a judgment of the Court.

(2) An employer who violates or fails to comply in good faith with any requirement of this section or any regulation published thereunder is in violation of this section. For a first offense, an employer shall receive a written warning. For any second or subsequent offense, an employer is subject to a civil penalty of not less than $500 nor more than $10,000 for each such violation. An employer’s failure to comply with this section for 1 job opportunity is 1 violation regardless of the number of times it is posted.

(3) An employer who discharges or in any manner discriminates against an individual because that individual has made a complaint or has given information to the Department pursuant to this section, or because the individual 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 is subject to a civil penalty of not less than $500 nor more than $10,000 for each such discharge or act of discrimination.

(f) Nothing in this section requires an employer to identify a selected candidate for a job opportunity in any manner that violates the candidate’s privacy rights under applicable local, state, or federal law or in a manner that would place at risk the selected candidate’s health or safety.

(g) (1) A third party who posts or reposts a notification regarding a job opportunity is not subject to liability or enforcement under this section.

(2) An employer is not liable for job postings that are digitally replicated and published without the employer’s consent.

(h) (1) This section does not apply to an employer with 25 or fewer employees.

(2) For an employer with 26 or more employees, this section applies to jobs located in Delaware and noninternational remote positions offered by an employer based in Delaware.

(i) This section applies to the posting of job opportunities covered by a collective bargaining agreement only after the collective bargaining agreement is executed, amended, modified, renewed, or replaced after September 26, 2027.
19 Del. C. § 3805 — Delaware Code / Title 19 / Chapter 38 / Section 3805
§ Â
        3805. Compliance.
Status: in_force

(a) The Board shall have exclusive authority to ensure compliance with and enforce this chapter or any regulation promulgated under this chapter.

(b) The Board shall establish a process for the submission of employee complaints concerning a covered employer’s alleged failure to comply with this chapter. All complaints concerning a covered employer’s compliance with this chapter received by any other state agency shall be referred to the Board. The Board may, with or without a complaint, monitor the status of covered employers’ compliance with this chapter, including through review of available data and documents.

(c) If the Board determines that a covered employer is not in compliance with this chapter or regulations issued hereunder, the Board shall issue a notice to the employer outlining the nature and extent of the alleged noncompliance, providing instructions for compliance, and specifying the potential administrative penalties for noncompliance.

(d) If the employer does not come into compliance within 90 days of the date the notice was issued, the Board, in its discretion, may initiate enforcement proceedings under subchapter III, Chapter 101 of Title 29. The Board shall not initiate enforcement proceedings against a covered employer until 1 year after the date on which the employer is required to comply with this chapter for the first time.

(e) The Board may, in a final order, impose administrative penalties against a covered employer who fails to comply with this chapter or any regulation promulgated under this chapter, which penalties shall not exceed $250 per employee per year, up to a maximum total penalty of $5,000 per year.
19 Del. C. § 3708 — Delaware Code / Title 19 / Chapter 37 / Section 3708
§ Â
        3708. Retaliatory personnel actions prohibited.
Status: in_force

(a) It is unlawful for an employer or any other person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter.

(b) An employer, temporary help company, employment agency, employee organization, or other person may not take a retaliatory personnel action or otherwise discriminate against an individual because the individual exercised rights protected under this chapter.

(c) Rights protected under this chapter include the following:

(1) The right to request, file for, apply for, or use family and medical leave benefits or covered leave.

(2) The right to communicate to the employer or any other person or entity an intent to file a claim, a complaint with the Department or courts, or an appeal, or testify or prepare to testify or assist in any investigation, hearing, or proceeding under this chapter, at any time, including during the period in which the individual receives family and medical leave benefits under this chapter.

(3) The right to inform a person about an employer’s alleged violation of this chapter.

(4) The right to inform an individual of the individual’s rights under this chapter.

(d) It is unlawful for an employer’s absence control policy to count covered leave taken under this chapter as an absence that may lead to or result in discipline, discharge, demotion, suspension, or any other adverse action.

(e) Protections of this section apply to an individual who mistakenly but in good faith alleges violations of this chapter.

(f) This section is to be enforced as provided in § 3707(c) through (g) of this title.

(g) This section applies only to an employee who has been employed by the employer for at least 90 days.
19 Del. C. § 2328 — Delaware Code / Title 19 / Chapter 23 / Subchapter II / Section 2328
§ Â
        2328. Compensation for death or disability from an occupational disease.
Status: in_force

The compensation payable for death or disability total in character and permanent in quality resulting from an occupational disease shall be the same in amount and duration and shall be payable in the same manner and to the same persons as would have been entitled thereto had the death or disability been caused by an accident arising out of and in the course of the employment.

In determining the duration of temporary total and/or temporary partial and/or permanent partial disability, and the duration of such payments for the disabilities due to occupational diseases, the same rules and regulations as are applicable to accidents or injuries shall apply.
19 Del. C. § 3125 — Delaware Code / Title 19 / Chapter 31 / Subchapter II / Section 3125
§ Â
        3125. Records and reports from employing units; disclosure of information; use of information at hearings or on appeal; penalty.
Status: in_force

(a) (1) Each employing unit shall keep true and accurate records containing such information as the Department prescribes. Such records shall be open to inspection and subject to be copied by the Department or its authorized representatives at any reasonable time and as often as necessary. The Department may require from any employing unit any sworn or unsworn reports with respect to persons employed by such employing unit which the Department deems necessary for the effective administration of this part. Information thus obtained or obtained from any individual pursuant to the administration of this part shall, except to the extent necessary for the proper presentation of a claim, be held confidential and shall not be published or be open to public inspection other than to a member or employees of agencies as specified in paragraphs (a)(2), (3) and (4) of this section, in any manner revealing the individual’s or employing unit’s identity, but any claimant, or claimant’s legal representative, shall be supplied with information from such records to the extent necessary for the proper presentation of claimant’s claim.

(2) The Department shall disclose, upon request, to officers or employees of any state or local child support enforcement agency, any wage information and unemployment compensation claim information with respect to an individual which is contained in its records. For the purposes of this paragraph (a)(2):

a. The term “state or local child enforcement agency” means any agency of a state or political subdivision thereof operating pursuant to a plan described in § 454 of the Social Security Act [42 U.S.C. § 654], which has been approved by the Secretary of Health and Human Services under part D, Title IV of the Social Security Act [42 U.S.C. § 651 et seq.].

b. The requesting agency shall agree that such information is to be used only for the purpose of establishing and collecting child support obligations which are being enforced pursuant to a plan described in § 454 of the Social Security Act [42 U.S.C. § 654] which has been approved by the Secretary of Health and Human Services under part D, Title IV of the Social Security Act or for the establishment of paternity or the establishment, modification, or enforcement of child support orders pursuant to § 466(c)(1) of the Social Security Act [42 U.S.C. § 666(c)] as amended by § 325(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

c. The information shall not be released unless the requesting agency agrees to reimburse the costs involved for furnishing such information.

d. In accordance with § 303(c) of the Social Security Act [42 U.S.C. § 503], as amended by § 313(d) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, a state or local child support enforcement agency may disclose to an agent of that agency for purposes of establishing and collecting child support obligations from and locating individuals owing such obligations, the information provided by the Department under this subsection.

e. In addition to the requirements of this paragraph, all other requirements with respect to confidentiality of information obtained in the administration of this section and the sanctions imposed on improper disclosure shall apply to the use of such information by officers of such child support agencies.

(3) The Department shall disclose, upon request to officers and employees of the United States Department of Agriculture and any state food stamp agency, with respect to an identified individual, any of the following information which is contained in its records:

a. Wage information;

b. Whether the individual is receiving, has received or has made application for unemployment compensation and the amount of any compensation being received or to be received by such individual;

c. The current or most recent home address of the individual; and

d. Whether the individual has refused an offer of employment and if so, a description of the employment offered and the terms, conditions and rate of pay therefor; and

e. Provided that, for the purposes of this paragraph:

1. The term “state food stamp agency” means any agency described in § 3(n)(1) of the Food Stamp Act of 1977 [7 U.S.C. § 2012] which administers the food stamp program established under such Act.

2. The requesting agency shall agree that such information shall be used only for purposes of determining the applicant’s eligibility for benefits, or the amount of benefits, under the food stamp program established under the Food Stamp Act of 1977 [7 U.S.C. § 2011 et seq.].

3. In addition to the requirements of this paragraph, all other requirements with respect to confidentiality of information obtained in the administration of this section and the sanctions imposed for improper disclosure of information obtained in the administration of this section shall apply to the use of such information by the officers and employees of any food stamp agency or the United States Department of Agriculture.

(4) The Department shall disclose information, the release of which is otherwise prohibited, to officials and employees of governmental agencies in the performance of their official duties, as it may by regulation permit, provided:

a. The regulation specifies the type of information to be released and the uses to which the information may be put, consistent with the administration of the unemployment laws of Delaware and other legitimate governmental interests;

b. The information shall not be released unless the requesting agency agrees to reimburse the costs for furnishing such information;

c. In addition to the requirements of this paragraph, all other requirements with respect to the confidentiality of information obtained in the administration of this section and the sanctions imposed for improper disclosure shall apply to the use of such information by officials and employees of agencies to which information is released pursuant to this paragraph;

d. The regulation specifies that the Secretary of Labor of the United States may obtain all information essential to the performance of the Secretary’s official duties without an agreement to reimburse costs.

(b) Any employee of the Department, an appeal tribunal or the Unemployment Insurance Appeal Board who violates any provision of this section shall be fined not less than $23 nor more than $230, or imprisoned not more than 90 days or both.

(c) (1) If any employing unit neglects or refuses to file with the Department a required report with respect to persons employed by the employing unit within 5 days after the report is due, the employing unit is subject to a penalty of 15% of the total amount of contributions paid or payable by the employing unit unless 1 of the following applies:

a. If the penalty calculated under this paragraph (c)(1) is less than $100, the penalty is $100.

b. If the penalty calculated under this paragraph (c)(1) is more than $450, the penalty is $450.

(2) The penalties under paragraph (c)(1) of this section are in addition to any other penalties provided for in this part.
19 Del. C. § 2002 — Delaware Code / Title 19 / Chapter 20 / Section 2002
§ Â
        2002. Notice requirements; transition period [For application of this section, see 84 Del. Laws, c. 453, Â 3].
Status: in_force

(a) An awarding authority must comply with subsection (b) of this section before doing any of the following:

(1) Terminating a service contract.

(2) Contracting out services currently performed by the awarding authority.

(3) Selling or transferring any property where service employees are employed.

(b) No fewer than 15 days before taking any of the actions under subsection (a) of this section, an awarding authority must do all of the following:

(1) a. Provide the successor employer a list containing the name, date of hire, job classification of each service employee currently performing the work to be performed under the service contract, and the name and contact information of the service employee’s collective bargaining representative, if any.

b. If the awarding authority is terminating a service contract, the awarding authority must request the information required under paragraph (b)(1)a. of this section from the contractor with the terminating service contract.

(2) a. Provide written notice to each affected service employee explaining which of the following events is or will be occurring:

1. The pending termination of the service contract.

2. The entrance into a service contract.

3. The sale or transfer of the property,

b. The written notice provided under paragraph (b)(2)a. of this section must include the name and address of the awardee, purchaser, or transferee, and the service employees’ rights provided under this chapter.

(3) The information required under paragraph (b)(2) of this section must also be provided as follows:

a. Posted conspicuously at each affected work site.

b. If the affected service employees have a collective bargaining representative, to the collective bargaining representative.

(c) A successor employer shall take reasonable steps to ascertain the identity of all affected service employees.

(d) (1) Except as provided under subsection (f) of this section, a successor employer shall retain all affected service employees at a covered location for a transition period until the earlier of the following:

a. Ninety days.

b. The successor employer’s service contract is terminated.

(2) A successor employer may not reduce any affected service employee’s work hours to circumvent the protections provided under this chapter.

(e) (1) A successor employer shall provide each affected service employee a written offer of employment for the transition period under subsection (d) of this section that contains all of the following:

a. The date by which the service employee is required to accept the offer, which must be at least 10 days after the notice is delivered to the service employee.

b. The name, address, and telephone number of the successor employer and the name of the individual who is authorized by the successor employer to make the employment offer.

(2) The written offer required under paragraph (e)(1) of this section must be all of the following:

a. Substantially in the form under § 2004 of this title.

b. In English, Spanish, and any language that is the first language spoken by at least 5% the affected service employees.

(3) The successor employer must also send the written offer required under paragraph (e)(1) of this section to the service employee’s collective bargaining representative, if any.

(4) The written offer required under this subsection may be sent via electronic mail.

(f) A successor employer may retain less than all of the affected service employees during the transition period under subsection (d) of this section only if the successor employer does all of the following:

(1) Finds that fewer service employees are required to perform the work than the predecessor employer had employed.

(2) Retains service employees by seniority within each job classification.

(3) Maintains a preferential hiring list of those service employees not retained.

(4) Hires any additional service employees from the list maintained under paragraph (f)(3) of this section, in order of seniority, until all affected service employees have been offered employment.

(g) Except as provided under subsection (f) of this section, a successor employer may not discharge a service employee retained under this section without just cause during the transition period under subsection (d) of this section.

(h) At the end of the transition period under subsection (d) of this section, the successor employer shall perform a written performance evaluation for each service employee retained under this section. If a service employee’s performance during this transition period is satisfactory, the successor employer shall offer the service employee continued employment under terms and conditions established by the successor employer.

(i) An agreement that restricts or hinders the ability of a successor employer to fulfill the obligations under this section is declared to be contrary to public policy and void.
19 Del. C. § 203 — Delaware Code / Title 19 / Chapter 2 / Section 203
§ Â
        203. Limitations.
Status: in_force

This chapter shall apply only to persons, copartnerships, associations, corporations, political subdivisions, employer associations and organizations or associations of employees as voluntarily elect to conform with its provisions.
19 Del. C. § 2001 — Delaware Code / Title 19 / Chapter 20 / Section 2001
§ Â
        2001. Definitions [For application of this section, see 84 Del. Laws, c. 453, Â 3].
Status: in_force

For purposes of this chapter:

(1) “Awarding authority” means a person that awards, enters into, or assumes a service contract or subcontract.

(2) “Contractor” means a person, including a subcontractor, who enters into a service contract or subcontract to be performed, if the person employs more than 4 service employees anywhere in the United States.

(3) “Covered location” means any of the following:

a. A multi-family residential building with more than 50 units.

b. If occupying more than 100,000 square feet, a commercial center, commercial complex, office building, or office complex.

c. A cultural center or complex, including museums, convention centers, arenas, or performance halls.

d. An industrial site.

e. A pharmaceutical lab.

f. An airport.

g. A train station.

h. A health-care provider.

i. A warehouse, distribution center, or other facility for which the primary purpose is the storage or distribution of general merchandise, refrigerated goods, or any other products.

j. A building operated or managed by an “agency” as defined in § 6902 of Title 29.

(4) “Employer” means a person who employs service employees at a covered location.

(5) “Health-care provider” means a facility that provides “long-term, acute, or outpatient health-care services” as these services are defined in § 7971 of Title 29.

(6) “Person” means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that employs service employees or enters into a service contract.

(7) “Service contract” means a contract between an awarding authority and a contractor to provide services performed by a service employee at a covered location.

(8) a. “Service employee” means an individual employed or assigned to a covered location on a full or part-time basis for at least 60 days in connection with any of the following:

1. The care or maintenance of a building or property, including work performed by a security guard, front-desk worker, janitor, maintenance employee, concierge, door attendant, building superintendent, grounds maintenance worker, stationary fireman, elevator operator, or window cleaner.

2. In addition to paragraph (8)a.1. of this section, any of the following in an airport: passenger-related security services, cargo-related and ramp services, in-terminal passenger and baggage handling, and cleaning services.

3. Food preparation services at a school that is an agency under paragraph (3)j. of this section.

b. “Service employee” does not include an individual who is any of the following:

1. A managerial or professional employee.

2. Regularly scheduled to work less than 16 hours per week.

3. Who performs work on any building, structural, electric, HVAC, or plumbing project, if the work requires a license under Title 24 or a permit.

(9) “Successor employer” means an employer for which any of the following apply:

a. Is awarded a service contract to provide, in whole or in part, services that are substantially similar to those provided at any time during the previous 90 days.

b. Has purchased or acquired control of a property where service employees were employed at any time during the previous 90 days.

c. Terminates or does not renew a service contract and hires service employees as its direct employees to perform services that are substantially similar within 90 days after a service contract is terminated or ends.
19 Del. C. § 3355 — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3355
§ Â
        3355. Notice to employers of benefits paid and status of accounts; employer applications for review and redetermination of benefit wages and benefit charges charged to their experience merit rating accounts (relief from charges).
Status: in_force

(a) The Department shall provide quarterly notification to base period employers of benefit wages for periods prior to January 1, 2027, and of benefit charges for periods from January 1, 2027, and after charged to their experience merit rating accounts hereafter referred to collectively as “benefit charge notices”.

(b) Such benefit charge notices shall become conclusive and binding upon the base period employer unless, within 15 days after the mailing of the notice thereof to the last known address or in the absence of mailing within 15 days after the delivery of such notice, a base period employer who is subject to assessments under § 3345(a) of this title files an application for review seeking relief from benefit wages or benefit charges charged to its experience merit rating account. A § 3345(a) of this title base period employer who has filed a timely application for review of its benefit charge notice shall be entitled to relief from such benefit wage charge or benefit charges charge contained in such notice only on the basis that:

(1) The claimant’s separation from the base period employer (if such separation was separate from and prior to the claimant’s separation from the claimant’s last employer and if the base period employer is not also the last employer) was not qualifying under § 3314(1), (2) and (7) of this title; and

(2) The Department administratively erred in calculating the correct amount of certain benefit wages or benefit charges charged to its account.

However, as to paragraphs (b)(1) and (2) of this section above, any such base period or last employer who has failed to return a completed separation notice which is applicable to the benefit wage charge or benefit charges at issue in a timely manner in accordance with § 3317 of this title shall be barred from seeking benefit wage or benefit charges charge relief unless the Department for reasons found to constitute good cause should release the base period or last employer from the default. Regardless, no employer shall have standing to seek benefit wage or benefit charges charge relief pursuant to the procedure established in §§ 3317 through 3325 of this title.

(c) Applications for review shall be referred to an individual designated by the Department, who shall examine the basis for each request for relief from benefit wage charges or benefit charges made to the employer’s experience merit rating account. After such review, the Department’s representative shall promptly notify the base period employer and each claimant involved of the representative’s decision on the base period employer’s request for review, and such decision shall become final unless within 15 days after the mailing of notice thereof to the last known address or in the absence of mailing within 15 days after the delivery of such notice, the base period employer files an application for redetermination with the Department.

(d) Unless the request for redetermination is withdrawn, an appeals tribunal, after affording the base period employer and the claimant, if a claimant is involved, and the Department a reasonable opportunity for fair hearing with regard to each benefit wage charge or benefit charges charge, shall affirm, modify or reverse those portions of the benefit charge notice challenged by the employer. The base period employer, the Department, and a claimant, if involved, shall be duly notified of the appeal tribunal’s decision on each benefit wage charge or benefit charges charge for which redetermination is requested, together with its reasons therefor, which shall be deemed to be final unless within 15 days after the delivery of such decision, a petition for judicial review is filed in the Superior Court. In any proceeding under this section the findings of the appeals tribunal as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive and the jurisdiction of the Court shall be confined to the questions of law. No additional evidence shall be received by the Court, but the Court may order additional evidence to be taken before the appeals tribunal or the Department and the Department or appeals tribunal may, after hearing such evidence, modify its redetermination and file such modified redetermination, together with a transcribed copy of the additional record with the Court. Such proceedings shall be heard in a summary manner and shall be given precedence over all other civil cases except cases arising under §§ 3317 through 3325 of this title and the Workers’ Compensation Law, Chapter 23 of this title.

(e) Such redeterminations of benefit charge notices which have become final and binding after notice and after providing the opportunity for hearing or appeal, and the findings of fact in connection therewith, may be introduced in any subsequent administrative or judicial proceedings involving the determination of the rate of assessments of any employer for any calendar year and shall be entitled to the same finality as is provided in § 3354 of this title with respect to findings of fact made by the Department and proceedings to redetermine the assessment rate of an employer.
19 Del. C. § 912 — Delaware Code / Title 19 / Chapter 9 / Section 912
§ Â
        912. Relation to other laws.
Status: in_force

Any standards relating to minimum wages, maximum hours, overtime compensation or other working conditions in effect under any other law of this State on the effective date of this chapter which are more favorable to employees than those applicable to such employees under this chapter or regulations published thereunder shall not be deemed to be amended, rescinded or otherwise affected by this chapter but shall continue in full force and effect and may be enforced as provided by law. Otherwise, any such standards in effect under any other law of this State on the effective date of this chapter are specifically superseded by standards established under this chapter or regulations published thereunder which are more favorable to such employees.
19 Del. C. § 110 — Delaware Code / Title 19 / Chapter 1 / Section 110
§ Â
        110. Declaration of policy as to labor disputes.
Status: in_force

It is declared as the public policy of this State that the best interests of the people of the State are served by the prevention or prompt settlement of labor disputes; that strikes and lockouts and other forms of industrial strife, regardless where the merits of the controversy lie, are forces productive ultimately of economic waste; that the interests and rights of the consumers and the people of the State, while not direct parties thereto, should always be considered, respected and protected; and that the voluntary mediation of such disputes under the guidance and supervision of a governmental agency will tend to promote permanent industrial peace and the health, welfare, comfort and safety of the people of the State. To carry out such policy, the necessity for the enactment of this chapter is declared as a matter of legislative determination.
19 Del. C. § 1605 — Delaware Code / Title 19 / Chapter 16 / Subchapter I / Section 1605
§ Â
        1605. 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 the staffing levels, selection and direction of personnel.
19 Del. C. § 3404 — Delaware Code / Title 19 / Chapter 34 / Section 3404
§ Â
        3404. Focus on Alternative Skills Training Program.
Status: in_force

(a) This section establishes the Focus on Alternative Skills Training Program (“FAST”) within the Division of Employment and Training. FAST provides tuition for an eligible individual for an approved nondegree credit certificate program that provides industry-accepted skill training and certification.

(b) An individual must provide proof of all of the following to be eligible for FAST:

(1) That the individual is a resident of Delaware.

(2) That the individual has attained any of the following:

a. A diploma from a Delaware public, charter, or nonpublic high school, or homeschool.

b. A Diploma of Alternate Achievement Standards under § 152 of Title 14.

c. A Delaware secondary credential.

(3) That the individual enrolled in an approved nondegree credit certificate program no later than 24 months after graduating from high school.

(4) If employed, a statement from the individual’s employer providing the amount of financial assistance the employer paid toward tuition for the nondegree credit certificate program.

(c) (1) The Workforce Development Board, or its successor, shall maintain a list of nondegree credit certificate programs approved for FAST. The list of nondegree credit certificate programs approved for FAST must be updated annually.

(2) The Workforce Development Board must include the following criteria in the decision to approve a nondegree credit certificate program for FAST:

a. The skill requirements of employers in the State, including the skill needs of an in-demand industry sector or occupation in the State.

b. The job-placement rate for graduates.

(d) A FAST payment under this section must be made as follows:

(1) The total amount of FAST payments for each eligible individual may not exceed $10,000.

(2) A FAST payment may not pay an individual’s tuition for longer than 12 months, but multiple tuition payments may be made on behalf of an individual.

(3) The FAST payment is equal to the difference between the full amount of tuition charged by the nondegree credit certificate program and any financial assistance the individual received.

(4) FAST payments must be paid on a first-come, first-served basis.

(5) The FAST program is subject to the availability of funds appropriated for this specific purpose. This subsection does not create a right or entitlement in an individual to receive a monetary payment under the compensation program.

(e) The Department of Labor may adopt policies and procedures to implement this section.
19 Del. C. § 744 — Delaware Code / Title 19 / Chapter 7 / Subchapter V / Section 744
§ Â
        744. Implementation of policy by state agencies.
Status: in_force

(a) All state agencies shall coordinate efforts and shall collaborate within and among such agencies to ensure that state programs, policies, procedures and funding support competitive employment in integrated settings for persons with disabilities who are of working age. All state agencies shall, whenever feasible, share data and information across systems in order to track progress toward full implementation of this subchapter. All state agencies are encouraged to adopt measurable goals and objectives to promote assessment of progress in implementing this subchapter.

(b) State agencies are authorized to adopt rules and regulations to implement this subchapter.
19 Del. C. § 751 — Delaware Code / Title 19 / Chapter 7 / Subchapter VI / Section 751
§ Â
        751. Statement of purpose.
Status: in_force

The General Assembly finds as follows:

In 1938, § 14(c) of the federal Fair Labor Standards Act (29 U.S.C. § 214(c)) authorized the United States Secretary of Labor to grant special wage certificates to certain entities, allowing those entities to pay individuals with disabilities subminimum wages. § 905 of this title authorizes the Department of Labor to promulgate regulations permitting the employment of persons with disabilities at wages lower than the minimum wage. While the special wage certificate program was considered progressive when initiated, advances in vocational rehabilitation, technology, and training as well as changes in attitudes and laws regarding the ability of, and opportunities for, both students and adults with disabilities to work and live in the community now provide persons with disabilities greater employment opportunities. Persons with disabilities, regardless of their work environment, should be compensated like their peers without disabilities. Competitive employment opportunities as well as meaningful alternatives should be offered to individuals who are currently participating in programs that pay less than the minimum wage. In order to effectuate the purpose of the Employment First Act contained in this chapter, authorization to pay subminimum wages will be phased out and ultimately eliminated.
19 Del. C. § 3361 — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3361
§ Â
        3361. Special procedure to obtain judgment; notice and lien of judgment; judicial review.
Status: in_force

(a) As an additional or alternative remedy the Department may issue, under its seal and the hand of the Secretary of Labor of the State, to the prothonotary of the Superior Court in and for any county of this State a certificate that any employer is indebted under this chapter in an amount which must be stated in such certificate. Thereupon the prothonotary shall immediately enter upon the record of docketed judgments the name of the employer, the name of the Department, the amount of the debt certified, a brief description of the employer’s liability under this chapter, and the date of making the entries.

(1) Except as provided under paragraph (a)(2) and subsection (d) of this section, the making of entries under this section have the same force and effect in all respects as the entries of docketed judgments in the office of the prothonotary, and the Department has all the remedies and may take all the proceedings for the collection of the debt which could be had or taken upon a judgment in an action of law upon debt or contract.

(2) Notwithstanding the provisions under §§ 4711 and 4713 of Title 10, the length of a judgment lien obtained under this section is as follows:

a. A judgment lien obtained under this section on or after July 17, 2019, automatically continues for 20 years from the date of the lien’s entry.

b. 1. A judgment lien obtained under predecessor provisions of this section by virtue of a certificate filed before July 17, 2019, and that is within the initial 10 year term as provided under § 4711 of Title 10, continues for 20 years from the original date of the judgment lien’s entry notwithstanding either of the following:

A. That when the certificate was filed, the predecessor provision may have provided for a period of less than 20 years.

B. The provisions under subsection (c) of this section.

2. The Department shall provide notice to the judgment debtor, at the judgment debtor’s last known address, of the length of the judgment lien under paragraph (a)(2)b.1. of this section.

(b) The debt, from the time of the docketing thereof, is a lien on and binds the lands, tenements, and hereditaments of the debtor. Promptly upon the entry of the debt as a judgment the prothonotary shall send by registered letter to the debtor, at the debtor’s last known address within this State, notice of the entry of the judgment together with the amount.

(c) Within 10 days from the date of the notice, the debtor may file a petition in the Superior Court to review the legality or validity of the indebtedness, and upon the filing of the petition all proceedings on the judgment shall be stayed until the final determination of the cause. The review under this subsection is limited to the correct amount of the indebtedness or the correct identity of the debtors.

(d) (1) Notwithstanding the provisions under §§ 4711 and 4713 of Title 10, the Department may renew and extend the lien of a judgment for a term of 20 years by filing a renewal certificate under paragraph (d)(2) of this section in the office of the prothonotary of Superior Court of any county of this State, under the Department’s seal and the hand of the Secretary, before the expiration of the 20 year term under paragraph (a)(2) of this section.

(2) A renewal certificate under paragraph (d)(1) of this section must contain all of the following:

a. A statement that the employer remains indebted under this chapter in the amount stated in the renewal certificate.

b. The name and last known address of the employer liable for the amount stated in the renewal certificate.

c. The amount due.

d. A statement that 15 days or more before filing the renewal certificate, the Department provided the judgment debtor with notice of the renewal and extension of the lien of a judgment to the judgment debtor’s last known address.

e. A statement that the Department has complied with all provisions under this title in preparing the renewal certificate.

(3) The prothonotary of Superior Court shall immediately enter the filed renewal certificate upon the record of docketed judgments.

(4) An entry upon the record of docketed judgments under this subsection has the same force and effect in all respects as other entries of docketed judgments filed in the office of the prothonotary of Superior Court, and the Department has all of the remedies and may take any of the proceedings for collection of the debt entered under this subsection which can be had or taken upon a judgment in an action of law upon debt or contract.
19 Del. C. § 3405 — Delaware Code / Title 19 / Chapter 34 / Section 3405
§ Â
        3405. Elevate Delaware.
Status: in_force

(a) For purposes of this section:

(1) “Auxiliary expenses” means basic living expenses or supplies necessary for the eligible program or employment upon completion of the eligible program.

(2) “Eligible employer” means a person who has under 51 employees and a physical location in Delaware.

(3) “Eligible program” means a noncredit certificate program approved under subsection (d) of this section for Elevate Delaware.

(b) (1) This section establishes Elevate Delaware within the Division of Employment and Training. Elevate Delaware provides tuition for an eligible individual to attend an approved noncredit certificate program that provides industry-accepted skill training and certification.

(2) Elevate Delaware is intended to do all of the following:

a. Preserve jobs for Delaware residents and small businesses.

b. Assist Delaware residents who need skills for promotion or to obtain higher paid employment.

c. Assist small businesses in Delaware who need employees that have obtained certification for specific skills.

(3) The Department of Labor may recoup the amount of Elevate Delaware payments made on behalf of an individual if an individual or employer acts in bad faith when providing the proof for eligibility under subsection (c) of this section.

(c) An individual must provide proof of all of the following to be eligible for Elevate Delaware:

(1) The individual is employed by a person who employs under 51 employees.

(2) The individual has been accepted for enrollment in an eligible program.

(3) a. At the time of enrollment, the individual is subject to Delaware income tax, either as a resident of Delaware or an employee of an eligible employer.

b. If an individual is not a Delaware resident and is eligible as an employee of an eligible employer, both of the following:

1. A statement from the individual’s employer that the employer intends to retain the individual as an employee for at least 1 year following the individual’s completion of the eligible program.

2. A statement from the individual that the individual intends to work in Delaware for at least 1 year following the individual’s completion of the eligible program.

(4) A statement that provides the amount of financial assistance, if any, the individual will receive towards attending the eligible program, from all of the following:

a. The individual’s employer.

b. The eligible program.

(d) (1) The Workforce Development Board, or its successor, shall maintain a list of noncredit certificate programs approved as eligible programs for Elevate Delaware.

a. The Workforce Development Board may utilize the Eligible Training Provider List for all, or part, of the certificate programs approved as eligible programs.

b. The list of eligible programs must be updated annually.

(2) The Workforce Development Board must consider all of the following when deciding which noncredit certificate programs are eligible or priorities for Elevate Delaware:

a. The skill requirements of employers in the State, including the skill needs of an in-demand industry sector or occupation in the State,

b. That Elevate Delaware supports individuals and employers throughout the State, based upon the population of each county.

(e) (1) Elevate Delaware may make a tuition payment to an eligible program, on behalf of an eligible individual, of not more than $10,000.

(2) The Elevate Delaware tuition payment cannot exceed the difference between the full amount of tuition charged by the eligible program and any financial assistance the individual received.

(f) (1) The Department of Labor may provide Elevate Delaware payments to individuals for whom an Elevate Delaware tuition payment is made, to assist with auxiliary expenses while the individual attends the eligible program and for no more than 90 days following completion of the eligible program.

(2) The amount that an individual receives for auxiliary expenses may not exceed the difference between the amount of the tuition payment that the individual receives and the maximum reimbursement amount under paragraph (e)(1) of this section.

(g) (1) Elevate Delaware payments must be paid on a first-come, first-served basis to eligible individuals based upon the priorities established by the Workforce Development Board.

(2) Elevate Delaware is subject to the availability of funds appropriated for this specific purpose.

(3) This section does not create a right or entitlement in an individual to receive a payment under this section.

(h) The Department of Labor may adopt policies and procedures to implement this section.
19 Del. C. § 2307 — Delaware Code / Title 19 / Chapter 23 / Subchapter I / Section 2307
§ Â
        2307. Applicability â Domestic servants and farm laborers.
Status: in_force

(a) This chapter shall not apply to any person employed as a household worker in a private home or household who earns less than $750 in cash in any 3-month period from a single private home or household and any person employed as a casual worker in a private home or household who earns less than $750 in cash in any 3-month period from a single private home or household.

(b) This chapter shall not apply to farm laborers or to their respective employers unless such an employer carries insurance to insure the payment of compensation to such employees or their dependents.
19 Del. C. § 1617 — Delaware Code / Title 19 / Chapter 16 / Subchapter I / Section 1617
§ Â
        1617. Injunctions.
Status: in_force

(a) Chancery Court is vested with the authority to hear and determine all actions alleging violation of § 1616 of this title. Suits to enjoin violations of § 1616 of this title will have priority over all matters on the Court’s docket except other emergency matters.

(b) Where it appears that any public employee, group of employees, employee organizations or any officer or agent thereof, threaten or are about to do, or are doing, any act in violation of § 1616 of this title, the public employer may forthwith apply to the Court of Chancery for an injunction against such violation.

(c) If an order of the Court enjoining or restraining a violation of § 1616 of this title does not receive immediate compliance, the public employer shall apply to the Court for appropriate contempt sanctions against any party in violation of such order. Upon a proper showing that any person or organization has failed to comply with such an order, the Court shall, in addition to any other remedy it deems appropriate, fine such violating party an amount on a daily, weekly or monthly basis without limitation as determined by the Court.

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

(1) The extent and value of services lost due to the violation of § 1616 of this title.

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

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

(4) The impact of the strike on the health, safety and welfare of the public.
19 Del. C. § 726 — Delaware Code / Title 19 / Chapter 7 / Subchapter III / Section 726
§ Â
        726. Retaliation prohibited.
Status: in_force

It shall be an unlawful employment practice for any employer to discharge, refuse to hire or otherwise discriminate against any person or applicant for employment, or any employment agency to discriminate against any person or any labor organization to discriminate against any member or applicant for membership because such person has opposed any practice prohibited by this subchapter or because such person has testified, assisted or participated in any manner in proceedings to enforce the provisions of this subchapter.
19 Del. C. § 724 — Delaware Code / Title 19 / Chapter 7 / Subchapter III / Section 724
§ Â
        724. Unlawful employment practices.
Status: in_force

(a) Employer prohibitions. — It shall be an unlawful employment practice for an employer because of disability to:

(1) Fail or refuse to hire, recruit or promote a qualified person with a disability who seeks such an employment opportunity in good faith;

(2) Discharge or otherwise discriminate against qualified persons with disabilities with respect to compensation, terms, conditions or privileges of employment;

(3) Limit, segregate or classify an employee or applicant for employment in a way which deprives or tends to deprive a qualified person with a disability of employment opportunities or otherwise adversely affects the status as an employee of the qualified person with a disability;

(4) Fail or refuse to hire, recruit or promote a qualified person with a disability who seeks such an employment opportunity in good faith on the basis of physical, mental or other examinations that are not directly related to the essential functions of the job; or

(5) Discharge or take other discriminatory action against a qualified person with disability on the basis of physical, mental or other examinations that are not directly related to the essential functions of the job.

(b) Employment agency prohibitions. — It shall be an unlawful employment practice for an employment agency to refuse or fail to accept, register, classify properly, refer for employment or otherwise to discriminate against a qualified person with a disability because of disability.

(c) Labor organization prohibitions. — It shall be an unlawful employment practice for a labor organization because of disability to:

(1) Exclude or expel from its membership or otherwise discriminate against any qualified person with a disability;

(2) Limit, segregate or classify its membership or classify or fail to refuse to refer for employment any qualified person with a disability in any way which would deprive or tend to deprive any such person of employment opportunities or would limit such employment opportunities or otherwise adversely affect such person’s status as an employee or an applicant for employment;

(3) Cause or attempt to cause an employer to discriminate against a qualified person with a disability in violation of this section; or

(4) Fail to cooperate with an employer’s efforts to provide reasonable accommodation to a qualified person with a disability to the extent it controls job structure and other employment conditions.

(d) Training program prohibitions. — It shall be an unlawful employment practice for any employer, employment agency, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any qualified person with a disability because of disability in admission to or employment in any program established to provide apprenticeship or other training.

(e) Other prohibitions. — (1) It shall be an unlawful employment practice for an employer or employment agency to require an applicant to identify the applicant’s self as a person with a disability prior to a conditional offer of employment; however, any employer may invite an applicant to identify that applicant’s self as a person with a disability in order to act affirmatively on that applicant’s behalf.

(2) It shall be an unlawful employment practice for an employer, labor organization or employment agency to fail to meet the duties imposed on them by § 723(b) of this title.

(f) Exceptions. — It shall not be considered a violation of this section for an employer, employment agency or labor organization:

(1) To make an employment decision on the basis of state and federal laws or regulations imposing physical, mental, health or educational job requirements;

(2) To make preemployment or prepromotional inquiries which are directly related to an applicant’s ability to perform essential job-related functions;

(3) To terminate or change the employment status of any person who is unable to adequately perform that person’s own essential job functions, or to discriminate among persons on the basis of competence or performance in essential job functions if the employer, employment agency or labor organization has complied with § 723(b) of this title;

(4) To require or request a person to undergo a medical examination, which may include a medical history, for the purpose of determining the person’s ability or capacity to safely and satisfactorily perform the duties of available jobs for which the person is otherwise qualified, or to aid in determining possible accommodations for a disability, provided:

a. That an offer of employment has been made on the condition that the person meets the physical and mental requirements of the job with or without reasonable accommodation; and

b. That the examination, unless limited to determining the extent to which a person’s disability would interfere with that person’s own ability or capacity to safely and satisfactorily perform the duties of the job in question or the possible accommodations for a disability, is required of all persons offered employment for the same position regardless of disability; or

(5) To administer preemployment tests, provided that the tests:

a. Measure only job-related abilities;

b. Are required of all applicants for the same position unless such tests are limited to determining the extent to which a person’s disability would interfere with that person’s own ability to safely and satisfactorily perform the duties of the job in question or the possible accommodation of the job in question; and

c. Accurately measure the applicant’s aptitude, achievement level or whatever factors they purport to measure rather than reflecting the impaired sensory, manual or speaking skills of the person with a disability except when those skills are requirements of the job in question.
19 Del. C. § 3162 — Delaware Code / Title 19 / Chapter 31 / Subchapter IV / Section 3162
§ Â
        3162. Administration of Unemployment Compensation Fund by State Treasurer.
Status: in_force

(a) The State Treasurer shall be ex officio the treasurer and custodian of the Unemployment Compensation Fund. The Treasurer shall administer such Fund in accordance with the directions of the Department and shall issue warrants upon it in accordance with such regulations as the Department prescribes. The Treasurer shall maintain within the Fund 3 separate accounts:

(1) A clearing account;

(2) An unemployment trust fund account; and

(3) A benefit account.

All moneys payable to the Fund, upon receipt thereof by the Department, shall be forwarded to the State Treasurer, who shall immediately deposit them in the clearing account. Refunds payable pursuant to § 3365 of this title shall be paid in accordance with that section and may be paid from the clearing account upon warrants issued by the State Treasurer under the direction of the Department.

Notwithstanding any provisions of law in this State relating to the deposit, administration, release or disbursement of moneys in the possession or custody of this State, after clearance thereof, all moneys in the clearing account derived from assessments (except the additional emergency assessment required under § 3391 of this title) shall be immediately deposited with the Secretary of the Treasury of the United States to the credit of the account of this State in the Unemployment Trust Fund established and maintained pursuant to § 904 of the federal Social Security Act, as amended (42 U.S.C. § 1104), and all moneys derived from the additional emergency assessment required under § 3391 of this title, interest and penalties shall be deposited in the Special Administration Fund of the Department of Labor established and maintained pursuant to § 3166 of this title. The benefit account shall consist of all moneys requisitioned from this State’s account in the Unemployment Trust Fund. Except as herein otherwise provided, moneys in the clearing and benefit accounts may be deposited by the State Treasurer, under the direction of the Department, in any bank or public depository in which general funds of the State may be deposited, but no public deposit insurance charge or premium shall be paid out of the Fund.

(b) The State Treasurer shall be liable on official bond for the faithful performance of duties in connection with the Unemployment Compensation Fund provided for under this part. Such liability on the official bond shall exist in addition to the liability upon any separate bond given by the State Treasurer.
19 Del. C. § 914 — Delaware Code / Title 19 / Chapter 9 / Section 914
§ Â
        914. Short title.
Status: in_force

This chapter shall be known as the “Minimum Wage Act of the State.”
19 Del. C. § 908 — Delaware Code / Title 19 / Chapter 9 / Section 908
§ Â
        908. Posting of laws and regulations.
Status: in_force

Every employer shall keep a summary of this chapter, approved by the Department, and of 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 thereof by the Department on request without charge.
19 Del. C. § 3601 — Delaware Code / Title 19 / Chapter 36 / Section 3601
§ Â
        3601. Short title.
Status: in_force

This chapter may be known and cited as the “Delaware Contractor Registration Act.”
19 Del. C. § 3166 — Delaware Code / Title 19 / Chapter 31 / Subchapter IV / Section 3166
§ Â
        3166. Special Administration Fund.
Status: in_force

(a) Creation. — There is created in the State Treasury a special fund to be known as The Special Administration Fund of the Department of Labor. This Fund shall consist of:

(1) All interest and penalties collected under this part subsequent to September 30, 1967;

(2) All moneys collected pursuant to § 3391 of this title for the payment of interest on federal advances;

(3) All moneys collected pursuant to § 3401 of this title;

(4) All interest on or profits earned by the said Special Administration Fund;

(5) All moneys collected pursuant to § 3350B of this title.

(b) Administration. — All moneys collected pursuant to this section shall be deposited in the clearing account of the Unemployment Compensation Fund for clearance only and shall not become part of such Fund. After clearance, the moneys shall be deposited in the Special Administration Fund of the Department of Labor. All moneys in this Fund shall be prudently invested to the credit of this Fund, administered and disbursed in the same manner as is provided by law for other special funds in the State Treasury and such moneys shall be maintained in a separate ledger account on the books of the Secretary of Finance. The State Treasurer shall invest the Fund consistent with the investment policies established by the Cash Management Policy Board and credit interest to the Fund monthly consistent with the rate established by the Cash Management Policy Board. Money in the Fund at the end of a State fiscal year carries forward and must not revert to the General Fund. Balances to the credit of the Fund shall not lapse at any time but shall be continuously available to the Secretary of Labor for expenditures consistent with this section.

(c) Use. — The moneys in the Special Administration Fund may be used by the Department for:

(1) The payment of costs of the administration of this part which are not properly and validly chargeable against federal granted funds received for or in the Unemployment Compensation Administration Fund, or where properly and validly chargeable against said funds, but where said funds are depleted or not available;

(2) Replacement, within a reasonable time and subject to § 3165 of this title, of any moneys received by this State in the form of grants from the federal government for administrative expenses which because of any action or contingency have been lost or have been expended for purposes other than or in amounts in excess of those considered by the United States Secretary of Labor to be necessary for the proper and efficient administration of this part;

(3) A revolving fund to cover expenditures for which federal funds have been duly requested but not yet received, subject to the replacement of the amount expended when such funds are received, and refunds of erroneously collected interest and penalties subject to § 3365 of this title;

(4) Refunds of overpayments of this Fund subject to the time limit provisions of § 3365 of this title;

(5) The payment of interest on advances from the federal government for unemployment compensation benefits, which shall be from moneys collected pursuant to § 3391 of this title;

(6) The payment of the costs of programs to counsel, retrain and place dislocated workers, to assist in school-to-work transition activities, to provide industrial training, to provide career-ladder training for state employees, and the payment of the administrative costs of such programs, which shall be from moneys collected pursuant to § 3401 of this title; and

(7) The payment of costs of unemployment compensation technology automation and improvement initiatives established by the Department and the payment of the administrative costs of such technology automation and improvement initiatives.

(d) Transfer. — The Secretary of Labor, whenever the Secretary determines that the money in the Special Administration Fund is more than adequate to pay for all foreseeable needs for which this Fund is created, may authorize the transfer therefrom to the Unemployment Trust Fund of such amount as the Secretary deems proper.
19 Del. C. § 3715 — Delaware Code / Title 19 / Chapter 37 / Section 3715
§ Â
        3715. Family and Medical Leave Insurance Account Fund; establishment and investment.
Status: in_force

(a) A special fund designated as the Family and Medical Leave Insurance Fund is created. The Fund holds all revenues collected under this chapter. All moneys credited to the Fund are continuously available for expenditure in accordance with this chapter.

(b) 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. Expenditures from the Fund may be used only for the purposes of the family and medical leave benefits program under this chapter. Only the Secretary or the Secretary’s designee may authorize expenditures from the Fund.

(c) The Department may use expenditures from the Fund to pay for the costs associated with administering the provisions of this chapter.
19 Del. C. § 747 — Delaware Code / Title 19 / Chapter 7 / Subchapter V / Section 747
§ Â
        747. Powers and duties of Commission.
Status: in_force

(a) The Commission shall review measurable goals and objectives as submitted to it by each relevant state agency to ensure implementation of this subchapter. The Commission shall track the measurable progress of state agencies in implementing this subchapter. All state agencies shall fully cooperate with and provide data and information to assist the Commission in carrying out its duties.

(b) The Commission shall prepare an annual report as part of, and included in, the annual report submitted by the State Council for Persons with Disabilities to the Governor and members of the General Assembly. The report shall detail progress toward the goals and objectives and full implementation of this subchapter. All state agencies shall cooperate with the Commission on the creation and dissemination of the report. The report also shall identify barriers to achieving the outcomes along with the effective strategies and policies that can help realize the employment first initiative.
19 Del. C. § 2323 — Delaware Code / Title 19 / Chapter 23 / Subchapter II / Section 2323
§ Â
        2323. Selection of physician, surgeon, dentist, optometrist or chiropractor by employee.
Status: in_force

Any employee who alleges an industrial injury shall have the right to employ a physician, surgeon, dentist, optometrist or chiropractor of the employee’s own choosing. Notice of the employee’s intention to employ medical aid as aforesaid shall be given to the employee’s employer or its insurance carrier or to the Board. Notice that medical aid was employed as aforesaid shall be given within 30 days thereafter to the employer or its insurance carrier in writing. If the alleged injury is subsequently held to be compensable, the employer shall be liable for the reasonable cost of the services of any physician, surgeon, dentist, optometrist or chiropractor whose employment was utilized by the employee provided notice of said employment was given to the employer or its insurance carrier.
19 Del. C. § 1315 — Delaware Code / Title 19 / Chapter 13 / Section 1315
§ Â
        1315. Binding interest arbitration.
Status: in_force

(a) Within 7 working days of receipt of a petition or recommendation to initiate binding 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 shall certify the parties at impasse and authorize the initiation of binding arbitration procedures except that any discretionary subject shall not be subject to binding arbitration.

(b) Pursuant to § 4006(f) of Title 14, the Board shall appoint the Executive Director or the Executive Director’s designee to act as binding interest arbitrator subject to agreement of the parties. Such delegation shall not limit a party’s right to appeal to the Board. If the parties do not agree to use the Executive Director as the binding interest arbitrator the parties shall select an arbitrator by mutual agreement. If the parties cannot agree on an arbitrator, either party may request a list of 9 arbitrators from the American Arbitration Association. One arbitrator shall be chosen by the parties by alternately striking names from such list. Who strikes first shall be determined by coin toss. Nothing herein shall prevent the parties from mutually agreeing to alternative methods to achieve a final and binding resolution of any impasse.

(c) The 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 arbitrator. The arbitrator shall be empowered to administer oaths and issue subpoenas on behalf of the parties to the dispute or on the arbitrator’s own behalf.

(d) The 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 arbitrator shall specify the basis for the 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 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 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 arbitration or otherwise between parties, in the public service or in private employment.

In making determinations, the 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 arbitrator shall detail in the arbitrator’s findings the specific reason why that factor is not judged relevant in arriving at the 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 arbitrator shall serve the arbitrator’s written determination for resolution of the dispute on the public employer, the certified exclusive representative and the Board. The decision of the 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 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.

(h) Notwithstanding any language to the contrary, any arbitration results rendered pursuant to this section involving collective bargaining agreements, negotiations or mediations with the State involving § 1311A of this title, shall be contingent upon appropriation by the General Assembly.
19 Del. C. § 727 — Delaware Code / Title 19 / Chapter 7 / Subchapter III / Section 727
§ Â
        727. Enforcement provisions and election remedies.
Status: in_force

(a) Enforcement of this subchapter shall be in accordance with the procedures for enforcement of rights secured by subchapter II of this chapter.

(b) Enforcement of this subchapter as authorized by § 712 of this title shall be barred if the complainant has commenced federal judicial or administrative proceedings under § 503 or § 504 of the Rehabilitation Act of 1973 [29 U.S.C. § 793 or § 794], as amended, or regulations promulgated thereunder, based upon substantially common facts. If such federal proceedings are commenced subsequent to the filing of a charge pursuant to this subchapter, any administrative and judicial proceedings authorized by § 712 of this title shall be dismissed upon application of the respondent. Provided, however, that if complainant’s federal action is dismissed on jurisdictional grounds, including the lack of federal contractor status or federal program funding, the Secretary is authorized to accept a charge under § 712 of this title and waive the limitations period of § 712(d) of this title upon a finding that the complainant commenced the complainant’s federal action in good faith.
19 Del. C. § 1807 — Delaware Code / Title 19 / Chapter 18 / Section 1807
§ Â
        1807. Wrongful termination of employment or disciplinary action; reinstatement; action to enforce act.
Status: in_force

An employee who is terminated or against whom any disciplinary action is taken in violation of this chapter shall be immediately reinstated to that employee’s former position, if wrongfully terminated, without reduction of wages, seniority, or other benefits and shall receive any lost wages or other benefits, if applicable, during any period for which such termination or other disciplinary action was in effect. An action to enforce this chapter may be brought by the employee to recover any lost wages or other benefits, including court costs and reasonable attorney’s fees in Superior Court. An action to enforce this chapter shall be commenced within 1 year after the date of violation.
19 Del. C. § 2353 — Delaware Code / Title 19 / Chapter 23 / Subchapter III / Section 2353
§ Â
        2353. Forfeiture or suspension of right to compensation.
Status: in_force

(a) If the employee refuses reasonable surgical, medical and hospital services, medicines and supplies tendered to the employee by the claimant’s employer, the claimant shall forfeit all right to compensation for any injury or any increase in the claimant’s incapacity shown to have resulted from such refusal. Reasonable medical services shall include, if the Board so finds, vocational rehabilitation services offered by any public or private agency.

Where rehabilitation services require residence at or near the public or private agency away from the employee’s customary residence, reasonable costs of board, lodging and travel shall be paid for by the employer. Refusal to accept rehabilitation services pursuant to order of the Board shall result in a loss of compensation for each week of the period of refusal.

(b) If any employee be injured as a result of the employee’s own intoxication, because of the employee’s deliberate and reckless indifference to danger, because of the employee’s wilful intention to bring about the injury or death of the employee or of another, because of the employee’s wilful failure or refusal to use a reasonable safety appliance provided for the employee or to perform a duty required by statute, the employee shall not be entitled to recover damages in an action at law or to compensation or medical, dental, optometric, chiropractic or hospital service under the compensatory provisions of this chapter. The burden of proof under this subsection shall be on the employer.

(c) If an injured employee refuses employment procured for the employee and suitable to the employee’s capacity, the employee shall not be entitled to any compensation at any time during the continuance of such refusal, unless in the opinion of the Board such refusal was justifiable.

(d) If an employee is receiving benefits, or claims to be eligible for benefits, for total or partial disability under § 2324 or § 2325 of this title, those benefits may be suspended by agreement or order of the Board under the following conditions and for only so long as those conditions apply:

(1) While an employee is incarcerated by the State of Delaware, after an adjudication of guilt;

(2) While an employee is incarcerated by another state or other government subdivision of another state authorized to operate a penal facility, after an adjudication of guilt; or

(3) While an employee is incarcerated by the federal government, after an adjudication of guilt.

(e) If the parties do not agree that a suspension condition applies, the party attempting to cease or begin benefits may file a petition for the matter to be adjudicated. Certified proof of conviction and incarceration as specified above from the responsible government entity, filed with the Board upon opposition to suspension of benefits, shall create a rebuttable presumption that benefits may be suspended unless countered by the filing with the Board of certified proof of release, parole, commutation of sentence or pardon. Work release or similar conditional release will not counter the presumption. The employer may suspend benefits until the hearing once the rebuttable presumption has been raised until countered or the Board adjudicates the matter.

(f) The employee shall give notice to the employer or insurance carrier when a period of suspension agreed to or ordered by the Board ends. At that time the employee shall provide medical certification that the disability continues. If the parties cannot agree to a specific date on which the suspension shall be lifted and benefits are to commence or recommence, either party may file a petition to have the Board adjudicate the issue.

(g) This section shall not prohibit an employee from collecting any other benefits due for other periods or types of benefits. An employee may collect from the Board Fund during a period for which a petition is pending under this section to stop paying benefits unless the above described rebuttable presumption is raised.
19 Del. C. § 750 — Delaware Code / Title 19 / Chapter 7 / Subchapter VI / Section 750
§ Â
        750. Short title.
Status: in_force

This subchapter may be known as the “Jamie Wolfe Employment Act.”
19 Del. C. § 2359 — Delaware Code / Title 19 / Chapter 23 / Subchapter III / Section 2359
§ Â
        2359. Payment of award to bank in trust for employee or dependents.
Status: in_force

(a) At any time after the entry of the award or after the filing of the agreement for compensation, a sum equal to all future installments of compensation may by leave of the Board where death or the nature of the injury renders the amount of future payments certain be paid by the employer to any savings bank or trust company approved by the Board which is chartered and doing business in this State and has an office in the county in which the award was entered. Such sum, together with all interest arising from the investment thereof, shall thereafter be held in trust for the employee, or the employee’s dependents, who shall have no further recourse against the employer.

(b) Payment by the employer pursuant to subsection (a) of this section shall operate as a satisfaction of the award or agreement as to the employer.

(c) Payments from the fund established pursuant to subsection (a) of this section shall be made by the trustee on orders from the Board in the same amounts and at the same periods as are required of the employer by this chapter. If, after liability has ceased, any balance of the fund remains, it shall be returned to the employer who deposited it, on a signed order of the Board.
19 Del. C. § 3129 — Delaware Code / Title 19 / Chapter 31 / Subchapter II / Section 3129
§ Â
        3129. Representation of Department and State in civil and criminal actions.
Status: in_force

(a) In any civil action to enforce this part, the Department and the State may be represented by any qualified attorney who is employed by the Department and is designated for this purpose or at the Department’s request by the Attorney General.

(b) All criminal actions for violation of any provision of this part or of any rules or regulations issued pursuant thereto shall be prosecuted by the Attorney General of the State or, at the Attorney General’s direction, by 1 of the Attorney General’s deputies.
19 Del. C. § 709 — Delaware Code / Title 19 / Chapter 7 / Subchapter I / Section 709
§ Â
        709. Employment information.
Status: in_force

(a) An employer or any person employed by the employer who discloses information about a current or former employee’s job performance to a prospective employer is presumed to be acting in good faith; and unless lack of good faith is shown, is immune from civil liability for such disclosure or its consequences. For purposes of this section, the presumption of good faith may be rebutted upon a showing that the information disclosed by such employer was knowingly false, was deliberately misleading or was rendered with malicious purpose; or that the information was disclosed in violation of a nondisclosure agreement, or was otherwise confidential according to applicable federal, state or local statute, rule or regulation.

(b) For purposes of this section, the word “information” includes:

(1) Information about an employee’s or former employee’s job performance or work-related characteristics;

(2) Any act committed by such employee which would constitute a violation of federal, state or local law; or

(3) An evaluation of the ability or lack of ability of such employee or former employee to accomplish or comply with the duties or standards of the position held by such employee or former employee.
19 Del. C. § 2322D — Delaware Code / Title 19 / Chapter 23 / Subchapter II / Section 2322D
§ Â
        2322D. Certification of health-care providers.
Status: in_force

(a) (1) Certification shall be required for a health-care provider to provide treatment to an employee, pursuant to this chapter, without the requirement that the health-care provider first preauthorize each health-care procedure, office visit or health-care service to be provided to the employee with the employer or insurance carrier. Any health-care provider who is not licensed by the State of Delaware to provide medical services may elect to become certified under this section, and thereby obtain the same rights and obligations under this chapter as a certified health-care provider who is licensed by the State of Delaware to provide health-care services. The provisions of this subsection shall apply to all treatments to employees provided after the effective date of the rule provided by subsection (c) of this section, regardless of the date of injury. A health-care provider shall be certified only upon meeting the following minimum certification requirements:

a. Have a current license to practice, as applicable;

b. Meet other general certification requirements for the specific provider type;

c. Possess a current and valid Drug Enforcement Agency (“DEA”) registration, unless not required by the provider’s discipline and scope of practice;

d. Have no previous involuntary termination from participation in Medicare, Medicaid or the Delaware workers’ compensation system, which shall be determined to be inconsistent with certification under regulations adopted pursuant to subsection (c) of this section;

e. Have no felony convictions in any jurisdiction, under a federal-controlled substance act or for an act involving dishonesty, fraud or misrepresentation, which shall be determined to be inconsistent with certification under regulations adopted pursuant to subsection (c) of this section; and

f. Provide proof of adequate, current professional malpractice and liability insurance.

(2) The certification rules shall require that any health-care provider to be certified agree to the following terms and conditions:

a. Compliance with Delaware workers’ compensation laws and rules;

b. Maintenance of acceptable malpractice coverage;

c. Completion of State-approved continuing education courses in workers’ compensation care every 2 years;

d. Practice in a best-practices environment, complying with practice guidelines and Utilization Review Accreditation Council (“URAC”) utilization review determinations;

e. Agreement to bill only for services and items performed or provided, and medically necessary, cost-effective and related to the claim or allowed condition;

f. Agreement to inform an employee of that employee’s liability for payment of noncovered services prior to delivery;

g. Acceptance of reimbursement and not unbundled charges into separate procedure codes when a single procedure code is more appropriate; and

h. Agreement not to balance bill any employee or employer. Employees shall not be required to contribute a copayment or meet any deductibles.

(b) Notwithstanding the provisions of this section, any health-care provider may provide services during 1 office visit, or other single instance of treatment, without first having obtained prior authorization, and receive reimbursement for reasonable and necessary services directly related to the employee’s injury or condition at the health-care provider’s usual and customary fee, or the maximum allowable fee pursuant to the workers’ compensation health-care payment system adopted pursuant to § 2322B of this title, whichever is less. The provisions of this subsection are limited to the occasion of the employee’s first contact with any health-care provider for treatment of the injury, and further limited to instances when the health-care provider believes in good faith, after inquiry, that the injury or occupational disease was suffered in the course of the employee’s employment. The provisions of this subsection shall apply to all treatments to injured employees provided after the effective date of the rule provided by subsection (c) of this section, regardless of the date of injury.

(c) Subject to the foregoing provisions, complete rules and regulations relating to provider certification shall be approved and proposed by the Workers’ Compensation Oversight Panel. Regulations arising from the Panel’s work shall be adopted by regulation of the Department of Labor pursuant to Chapter 101 of Title 29.
19 Del. C. § 2321 — Delaware Code / Title 19 / Chapter 23 / Subchapter II / Section 2321
§ Â
        2321. Minimum duration of incapacity.
Status: in_force

Permanent injury relating to hearing or vision loss, surgical, medical and hospital services, medicines and supplies, and funeral benefits shall be paid from the first day of injury. Beginning with the fourth day of incapacity, all compensation otherwise provided by law shall be paid. If the incapacity extends to 7 days or more, including the day of injury, the employee shall receive all compensation otherwise provided by law from the first day of injury.