19 Del. C. § 1112 — Delaware Code / Title 19 / Chapter 11 / Section 1112
§ Â
        1112. Penalties.
Status: in_force

(a) Any employer who violates or fails to comply with any requirement of this chapter or any regulation published thereunder shall be deemed in violation of this chapter and shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each such violation.

(b) Any employer who discharges or in any manner discriminates against an employee because that employee has made a complaint or has given information to the Department pursuant to this chapter, or because the employee has caused to be instituted or is about to cause to be instituted any proceedings under this chapter, or has testified or is about to testify in any such proceedings shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each such violation.

(c) Any employer who falsely makes, utters, draws or delivers any receipt or statement that credit to a bank account of any employee has been made in payment of wages due shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each such violation.

(d) A civil penalty claim may be filed in any court of competent jurisdiction.
19 Del. C. § 1313 — Delaware Code / Title 19 / Chapter 13 / Section 1313
§ Â
        1313. Collective bargaining agreements.
Status: in_force

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

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

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

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

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

(f) Public employers shall file with the Board a copy of any agreements that have been negotiated with public employee representatives following the consummation of negotiations. The Board shall maintain a current file of all such agreements.
19 Del. C. § 3381 — Delaware Code / Title 19 / Chapter 33 / Subchapter V / Section 3381
§ Â
        3381. False statements of employees; jurisdiction; penalty.
Status: in_force

(a) Whoever makes a false statement or representation knowing it to be false or knowingly fails to disclose a material fact, to obtain or increase any benefit for that person’s own or for any other person, shall be fined not less than $23 nor more than $57.50 or imprisoned not more than 60 days, or both. Each false statement or representation or failure to disclose a material fact shall constitute a separate offense. In cases where any person has obtained money from the Department by reason of such false statement or representation, made knowingly, that person is guilty of obtaining money under false pretenses.

(b) Justices of the peace of this State shall have jurisdiction to hear and determine cases in which the accused shall be charged with violating this section or with obtaining money under false pretenses by reason of such violation, but the jurisdiction of a justice of the peace shall be limited to cases in which the accused is a resident of the hundred in which the justice of the peace has the justice’s office or in a hundred immediately adjacent thereto. Nothing in this section herein contained shall affect the rights of the Department as set forth in §§ 3317-3325 and 3357-3365 of this title.
19 Del. C. § 3326 — Delaware Code / Title 19 / Chapter 33 / Subchapter II / Section 3326
§ Â
        3326. Extended benefits.
Status: in_force

(a) As used in this section, unless the context clearly requires otherwise:

(1) “Extended benefit period” means a period which:

a. Begins with the third week after the first week for which there is a state “on” indicator, and

b. Ends with either of the following weeks, whichever occurs later:

1. The third week after the first week for which there is a state “off” indicator, or

2. The thirteenth consecutive week of such period;

provided, that no extended benefit period may begin the fourteenth week following the end of a prior extended benefit period which was in effect with respect to this State.

(2) a. There is a state “on” indicator for a week beginning prior to September 25, 1982, if the rate of insured unemployment under the state law for the period consisting of such week and the immediately preceding 12 weeks:

1. Equaled or exceeded 120 percent of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years, and

2. Equaled or exceeded 4 percent.

b. There is a state “on” indicator for a week beginning after September 25, 1982, if the rate of insured unemployment under the state law for the period consisting of such week and the immediately preceding 12 weeks:

1. Equaled or exceeded 120 percent of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years, and

2. Equaled or exceeded 5 percent.

c. There is a state “on” indicator for a week beginning after June 6, 2009, if:

1. The rate of total unemployment (seasonally adjusted), as determined by the United States Secretary of Labor, for the period consisting of the most recent 3 months for which data for all States are published before the close of such week equaled or exceeded 6.5 percent, and

2. The average rate of total unemployment in the State (seasonally adjusted), as determined by the United States Secretary of Labor, for the 3-month period referred to in paragraph (a)(2)c.1. of this section, equals or exceeds 110 percent of such average for either or both of the corresponding 3-month periods ending in the 2 preceding calendar years; however, for weeks of compensation beginning after December 17, 2010, and ending December 31, 2011, or the expiration date set forth in Public Law 111-312 [Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010], whichever is later, the average rate of total unemployment in the State (seasonally adjusted), as determined by the United States Secretary of Labor, for the 3-month period referred to in paragraph (a)(2)c.1. of this section, equals or exceeds 110 percent of such average for any or all of the corresponding 3-month periods ending in the 3 preceding calendar years.

(3) a. There is a state “off” indicator for a week beginning prior to September 25, 1982, if, for the period consisting of such week and the immediately preceding 12 weeks, either paragraph (a)(2)a.1. or paragraph (a)(2)a.2. of this section was not satisfied.

b. There is a state “off” indicator for a week beginning after September 25, 1982, if, for the period consisting of such week and the immediately preceding 12 weeks, either paragraph (a)(2)b.1. or paragraph (a)(2)b.2. of this section was not satisfied.

c. There is a state “off” indicator for a week beginning after June 6, 2009, if, for the period consisting of such week and the immediately preceding 12 weeks, either paragraph (a)(2)c.1. or paragraph (a)(2)c.2. of this section was not satisfied.

(4) “Rate of insured unemployment,” for purposes of paragraphs (a)(2) and (3) of this section, means the percentage derived by dividing:

a. The average weekly number of individuals filing claims for regular benefits in this State for weeks of unemployment with respect to the most recent 13-consecutive-week period, as determined by the Department on the basis of its reports to the United States Secretary of Labor, by

b. The average monthly employment covered under this chapter for the first 4 of the most recent 6 completed calendar quarters ending before the end of such 13-week period.

(5) “Regular benefits” means benefits payable to an individual under this chapter or under any other state law (including benefits payable to federal civilian employees and to ex-servicepersons pursuant to 5 U.S.C. Chapter 85) other than extended benefits.

(6) “Extended benefits” means benefits (including benefits payable to federal civilian employees and to ex-servicepersons pursuant to 5 U.S.C. Chapter 85) payable to an individual under this section for weeks of unemployment in the individual’s eligibility period.

(7) “Eligibility period” of an individual means the period consisting of the weeks in the individual’s benefit year which begin in an extended benefit period and, if the individual’s benefit year ends within such extended benefit period, any weeks thereafter which begin in such period.

(8) “Exhaustee” means an individual who, with respect to any week of unemployment in the individual’s eligibility period:

a. Has received, prior to such week, all of the regular benefits that were available to the individual under this chapter or any other state law (including dependents’ allowances and benefits payable to federal civilian employees and ex-servicepersons under 5 U.S.C. Chapter 85) in the individual’s current benefit year that includes such week; provided, that, for the purposes of this paragraph, an individual shall be deemed to have received all of the regular benefits that were available to the individual although:

1. As a result of a pending appeal with respect to wages that were not considered in the original monetary determination in the individual’s benefit year, the individual may subsequently be determined to be entitled to added regular benefits; or

2. The individual’s benefit year, having expired prior to such week, the individual has no or insufficient wages on the basis of which the individual could establish a new benefit year that would include such week; and

b. Has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act (45 U.S.C. § 351 et seq.) and such other federal laws as are specified in regulations issued by the United States Secretary of Labor; and

c. Has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada but, if the individual is seeking such benefits and the appropriate agency finally determines that the individual is not entitled to benefits under such law, the individual is considered an exhaustee.

d. Notwithstanding any other provisions of this chapter, if the benefit year of any individual ends within an extended benefit period, the remaining balance of extended benefits that such individual would, but for this section, be entitled to receive in that extended benefit period, with respect to weeks of unemployment beginning after the end of the benefit year, shall be reduced (but not below zero) by the product of the number of weeks for which the individual received any amounts as trade adjustment allowances within that benefit year, multiplied by the individual’s weekly benefit amount for extended benefits.

(9) “State law” means the unemployment insurance law of any state, approved by the United States Secretary of Labor under § 3304 of the Internal Revenue Code of 1954 (26 U.S.C. § 3304).

(b) Except when the result would be inconsistent with the other provisions of this section, as provided in the regulations of the Department, the provisions of this part which apply to claims for or the payment of regular benefits shall apply to claims for and the payment of extended benefits.

(c) An individual shall be eligible to receive extended benefits with respect to any week of unemployment in the individual’s eligibility period only if the Department finds that with respect to such week:

(1) The individual is an “exhaustee” as defined in paragraph (a)(8) of this section.

(2) The individual has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits.

(3) The individual has, during the individual’s base period, been paid wages for employment equal to not less than 40 times the individual’s weekly benefit amount and, as used in this paragraph, “wages” means wages for employment by employers for benefit purposes with respect to any benefit year only if such benefit year begins subsequent to the date on which the employment unit by which such wages were paid has satisfied the conditions of § 3302(12) of this title or § 3343 of this title with respect to becoming an employer.

(d) The weekly extended benefit amount payable to an individual for a week of total unemployment in the individual’s eligibility period shall be an amount equal to the weekly benefit amount payable to the individual during the individual’s applicable benefit year. Provided, that for any week during a period in which federal payments to States under § 204 of the Federal-State Extended Unemployment Compensation Act of 1970 (August 10, 1970, Public Law 91-373) are reduced under an order issued under § 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. § 902), the weekly extended benefit amount payable to an individual for a week of total unemployment in the individual’s eligibility period shall be reduced by a percentage equivalent to the percentage of the reduction in the federal payment. Such reduced weekly extended benefit amount, if not a full dollar amount, shall be rounded to the nearest lower dollar amount.

(e) The total extended benefit amount payable to any eligible individual with respect to the individual’s applicable benefit year shall be the lesser of the following amounts; provided, however, that during any fiscal year in which federal payments to States under § 204 of the Federal State Extended Unemployment Compensation Act of 1970 (August 10, 1970, Public Law 91-373) are reduced under an order issued under § 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. § 902), the total extended benefit amount payable to an individual with respect to the individual’s applicable benefit year shall be reduced by an amount equal to the aggregate of the reductions under subsection (d) of this section in the weekly amount paid to the individual:

(1) Fifty percent of the total amount of regular benefits which were payable to the individual under this chapter in the individual’s applicable benefit year;

(2) Thirteen times the individual’s weekly benefit amount which was payable to the individual under this chapter for a week of total unemployment in the applicable benefit year.

(f) (1) Effective with respect to weeks beginning in a high unemployment period, subsection (e) of this section shall be applied by substituting:

a. “Eighty percent” for “fifty percent” in paragraph (e)(1) of this section, and

b. “Twenty” for “thirteen” in paragraph (e)(2) of this section.

(2) For purposes of paragraph (f)(1) of this section, the term “high unemployment period” means any period during which an extended benefit period would be in effect if paragraph (a)(2)c.1. of this section were applied by substituting “8 percent” for “6.5 percent.”

(g) (1) Except as provided in paragraph (g)(2) of this section, an individual shall not be eligible for extended benefits for any week if:

a. Extended benefits are payable for such week pursuant to an interstate claim filed in any state under the interstate benefit payment plan; and

b. No extended benefit period is in effect for such week in such state.

(2) Paragraph (g)(1) of this section shall not apply with respect to the first 2 weeks for which extended benefits are payable, (determined without regard to this subsection), pursuant to an interstate claim filed under the interstate benefit payment plan, to the individual from the extended benefit account established for the individual with respect to the benefit year.

(h) (1) Notwithstanding any other provisions of this chapter, payment of extended benefits shall not be made to any individual for any week of unemployment in the individual’s eligibility period if the Department finds that during such period:

a. The individual failed to accept any offer of suitable work (as defined in paragraph (h)(3) of this section) or failed to apply for any suitable work to which the individual was referred by the Department; or

b. The individual failed to actively engage in a systematic and sustained effort to obtain work during such week, and/or failed to furnish tangible evidence that the individual did engage in such effort during such week.

(2) Any individual who has been found ineligible for extended benefits for any week by reason of a failure described in paragraph (h)(1) of this section shall also be denied benefits beginning with the first day of the week following the week in which such failure occurred until the individual has been employed in each of 4 subsequent weeks (whether or not consecutive) and has earned remuneration in covered employment equal to not less than 4 times the extended weekly benefit amount.

(3) For purposes of this subsection, the term “suitable work” means, with respect to any individual, any work which is within such individual’s capabilities; provided, however, that the gross average weekly remuneration payable for the work must exceed the sum of:

a. The individual’s extended weekly benefit amount as determined under subsection (d) of this section, plus the amount, if any, of supplemental unemployment benefits (as defined in § 501(c)(17)(D) of the Internal Revenue Code of 1954 [26 U.S.C. § 501(c)(17)(D)]) payable to such individual for such week; and further,

b. Pays wages not less than the higher of:

1. The minimum wage provided by § 6(a)(1) of the Fair Labor Standards Act of 1938 [29 U.S.C. § 206(a)(1)], without regard to any exemptions; or

2. The applicable state or local minimum wage;

c. Provided, however, that no individual shall be denied extended benefits for failure to accept an offer or to apply for any job which meets the definition of suitability as described in this subsection if:

1. The position was not offered to such individual in writing or was not listed with the employment service.

2. Such failure would not result in a denial of benefits under the definition of suitable work for regular benefit claimants in § 3314 of this title to the extent that the criteria of suitability in that section are not inconsistent with this paragraph.

3. The individual furnishes satisfactory evidence to the Department that the individual’s prospects for obtaining work in the individual’s customary occupation within a reasonably short period are good. If such evidence is deemed satisfactory for this purpose, the determination of whether any work is suitable with respect to such individual shall be made in accordance with the definition of suitable work for regular benefit claimants in § 3314 of this title without regard to the definition specified by this paragraph.

(4) Notwithstanding subsection (b) of this section to the contrary, no work shall be deemed to be suitable work for an individual which does not accord with the labor standard provisions required by § 3304(a)(5) of the Internal Revenue Code of 1954 [26 U.S.C. § 3304(a)(5)] and set forth herein under § 3314(3)a., b., c. and d. of this title.

(5) The employment service shall refer any claimant entitled to extended benefits under this title to any suitable work which meets the criteria prescribed in paragraph (h)(3) of this section.

(6) The provisions of paragraphs (h)(1), (2), (3) and (5) of this section shall not apply should at any time these provisions be temporarily or permanently suspended by federal law. If these provisions are suspended by federal law, the provisions of state law which apply to claims for or the payment of regular benefits shall apply to claims for and the payment of extended benefits.

(i) (1) Whenever an extended benefit period is to become effective in this State or an extended benefit period is to be terminated in this State, the Department shall make an appropriate public announcement.

(2) Computations required by paragraph (a)(4) of this section shall be made by the Department, in accordance with regulations prescribed by the United States Secretary of Labor.

(j) The provisions of paragraph (a)(2)c. of this section shall be in effect until the week ending December 5, 2009, or until the week ending 4 weeks prior to the last week for which 100 percent federal sharing is authorized by § 2005(a) of Public Law 111-5, whichever is later.

(k) To the extent that the provisions and definitions of terms in the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) are in conflict with, or supplement the provisions and definitions applicable pursuant to this section, the provisions and definitions of the American Recovery and Reinvestment Act of 2009 shall apply to this section.

(l) Notwithstanding any other provision of this section, the Governor may, if permitted by federal law, suspend the payment of extended duration benefits under this section, to the extent necessary to ensure that otherwise eligible individuals are not denied, in whole or in part, the receipt of emergency unemployment compensation benefits authorized by the federal Supplemental Appropriations Act of 2008 (Public Law 110-252), the Unemployment Compensation Extension Act of 2008 (Public Law 110-449), and the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), and that the state receives maximum reimbursement from the federal government for the payment of those emergency benefits.

(m) Notwithstanding any other provision of this section, the payment of extended duration benefits under this section is hereby suspended and deferred to the extent necessary to ensure that:

(1) Otherwise eligible individuals are not denied, in whole or in part, the receipt of pandemic emergency unemployment compensation benefits authorized by the federal Coronavirus Aid, Relief and Economic Security Act of 2020 (Public Law 116-136) and any extension of those emergency benefits.

(2) The State receives maximum reimbursement from the federal government for the payment of those emergency benefits.

(n) With respect to determining whether the State is in an extended benefit period beginning on November 1, 2020, through December 31, 2021, the State shall disregard the requirement in paragraph (a)(1) of this section that no extended benefit period may begin before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to this State.
19 Del. C. § 3318 — Delaware Code / Title 19 / Chapter 33 / Subchapter II / Section 3318
§ Â
        3318. Decision on claim by deputy; notice; appeal.
Status: in_force

(a) If the last employer timely files a completed separation notice in accordance with § 3317 of this title and the employer’s statement on the separation notice does raise a potentially disqualifying issue as to the reason for the claimant’s separation, the claim shall be referred to a representative of the Department, hereinafter referred to as a Claims Deputy, who shall examine the claim and on the basis of the facts found by the Claims Deputy shall initially determine the individual’s qualification and nonmonetary eligibility for benefits, and issue a determination in which it is determined whether or not such claim is valid. If valid, the Claims Deputy shall further determine the week with respect to which benefits shall commence. In lieu of making a determination, the Claims Deputy may elect to refer such claim or any question involved therein to an appeal tribunal which shall make its decision with respect thereto in accordance with the procedure described in subsection (c) of this section. In either case, the Claims Deputy shall promptly notify the claimant and the last employer of the Deputy’s own determination and the reasons therefor. The Claims Deputy may for good cause reconsider a determination and shall promptly notify the claimant and the last employer of the Deputy’s amended determination and the reasons therefor, as the case may be. Base period employers who have submitted timely and completed separation notices in accordance with § 3317 of this title may seek relief from benefit wage charges (prior to January 1, 2027) and benefit charges (January 1, 2027, and after) charged to their experience merit rating accounts in accordance with § 3355 of this title except that for a claim in which the last employer is also a base period employer for such claim, the issue of benefit wage charge relief (prior to January 1, 2027) or benefit charge relief (January 1, 2027, and after) or such base period employer shall be determined in accordance with the determination on the issue of the claimant’s last separation from such employer.

(b) Unless a claimant or a last employer who has submitted a timely and completed separation notice in accordance with § 3317 of this title files an appeal within 15 calendar days after such Claims Deputy’s determination was mailed to the claimant’s and last employer’s last known addresses or otherwise delivered by the Department to the claimant and the last employer, the Claims Deputy’s determination shall be final and benefits shall be paid or denied in accordance therewith. If a Claims Deputy’s determination awards benefits, such benefits shall be paid promptly in accordance with such determination upon its issuance. If an appeal is filed from a Claims Deputy’s determination that awards benefits, benefits shall be paid in accordance with such determination notwithstanding such appeal, but if the appeals tribunal’s determination or a determination of the Unemployment Insurance Appeal Board under §§ 3320 through 3322 of this title, or judicial review under § 3323 of this title, modifies or reverses the award of the benefits, the claimant shall be paid benefits for the weeks of unemployment following the issuance of such an appeals tribunal, Unemployment Insurance Appeal Board or judicial review decision only in accordance with such decisions.

(c) Unless the appeal is withdrawn, an appeals tribunal, after affording the parties reasonable opportunity for fair hearing, shall affirm, modify or reverse the decision of the deputy. The parties shall be duly notified of the tribunal’s decision, together with its reason therefor, which shall be deemed to be final unless within 15 days after such tribunal’s decision was mailed to the parties’ last known addresses or otherwise delivered by the tribunal to the parties further appeal is initiated pursuant to § 3320 of this title. If an appeals tribunal decision awards benefits, such benefits shall be paid promptly in accordance with such decision upon its issuance. If an appeal is filed from an appeals tribunal’s decision that awards benefits, benefits shall be paid in accordance with such decision notwithstanding such appeal, but if the Unemployment Insurance Appeal Board’s decision modifies or reverses the award of benefits, the claimant shall be paid benefits for weeks of unemployment following the issuance of the Unemployment Insurance Appeal Board’s decision only in accordance with such decision. Benefits to which the claimant is not entitled under the decision of the appeals tribunal shall not be paid for any week ending after the decision is issued, but any benefits which the claimant is determined to be otherwise entitled to receive shall be paid notwithstanding any further appeal from the decision of the appeals tribunal.
19 Del. C. § 1607 — Delaware Code / Title 19 / Chapter 16 / Subchapter I / Section 1607
§ Â
        1607. Unfair labor practices â Enumerated.
Status: in_force

(a) It is an unfair labor practice for a public employer or its designated representative to do any of the following:

(1) Interfere with, restrain or coerce any employee in or because of the exercise of any right guaranteed under this chapter.

(2) Dominate, interfere with or assist in the formation, existence or administration of any labor organization.

(3) Encourage or discourage membership in any employee organization by discrimination in regard to hiring, tenure or other terms and conditions of employment.

(4) Discharge or otherwise discriminate against an employee because the employee has signed or filed an affidavit, petition or complaint, or has given information or testimony under this chapter.

(5) Refuse to bargain collectively in good faith with an employee representative which is the exclusive representative of employees in an appropriate unit.

(6) Refuse or fail to comply with any provision of this chapter or with rules and regulations established by the Board pursuant to its responsibility to regulate the conduct of collective bargaining under this chapter.

(7) Refuse to reduce an agreement, reached as a result of collective bargaining, to writing and sign the resulting contract.

(8) Refuse to disclose any public record as defined by Chapter 100 of Title 29.

(b) It is an unfair labor practice for a public employee or for an employee organization or its designated representative to do any of the following:

(1) Interfere with, restrain or coerce any employee in or because of the exercise of any right guaranteed under this chapter.

(2) Refuse to bargain collectively in good faith with the public employer or its designated representative if the employee organization is an exclusive representative.

(3) Refuse or fail to comply with any provision of this chapter or with rules and regulations established by the Board pursuant to its responsibility to regulate the conduct of collective bargaining under this chapter.

(4) Refuse to reduce an agreement reached as a result of collective bargaining to writing and sign the resulting contract.

(5) Distribute organizational literature or otherwise solicit public employees during working hours in areas where the actual work of public employees is being performed in such a way as to hinder or interfere with the operation of the public employer. This paragraph (b)(5) shall not be construed to prohibit the distribution of literature during the employee’s designated meal period or in such areas not specifically devoted to the performance of the employee’s official duties.

(6) Hinder or prevent (by threats, intimidation, force or coercion of any kind) the pursuit of any lawful work or employment by any person, or unreasonably interfere with the entrance to or egress from any place of employment.
19 Del. C. § 3325 — Delaware Code / Title 19 / Chapter 33 / Subchapter II / Section 3325
§ Â
        3325. Recoupment of overpayments of benefits [For application of this section, see 84 Del. Laws, c. 212, Â 4].
Status: in_force

(a) If it is finally determined that an individual received benefits under this chapter for which the individual was not entitled, the individual shall repay, in cash, the amount of the overpayment to the Department for the Unemployment Compensation Fund. The individual is liable regardless of whether the overpayment was received through fraud or mistake, or whether the individual was legally awarded the payment of benefits at the time but on appeal was subsequently found not to be entitled thereto.

(b) Nonfraud overpayments are collected as follows:

(1) If the person becomes eligible for benefits before the amount of the overpayment is completely repaid, the Department shall deduct the remaining balance of the overpayment from the benefits.

a. The Department has the discretion to elect not to require repayment of the overpayment amount in cash, and elect to only deduct the overpayment amount from subsequently awarded benefits.

b. The deduction from subsequently awarded benefits can be only 50% of the payable weekly benefit amount until the overpayment is completely repaid.

(2) Discretionary decisions by the Department of how or by what means the Department elects to collect nonfraud overpayments, including by cash, deduction from subsequently awarded benefits, or by any other means, are administrative collections decisions made by the executive branch of government and are not subject to review by quasi-judicial or judicial tribunals of this State.

(3) The Department may not collect interest on a nonfraud overpayment.

(c) (1) When the Department determines that a claimant who is liable to repay any overpayment amount committed fraud in order to obtain benefits, the claimant shall be required to repay the overpayment amount due to the Department as well as interest thereon. Benefit overpayments paid to a claimant as the result of fraud shall be repaid with interest at the same rate as provided for past due assessments and reimbursement payments in lieu of assessments under § 3357 of this title and 19 DE Admin. Code §  1202-18. Interest collected pursuant to this section shall be paid into the Special Administration Fund. In addition, a monetary penalty of 15.0% of the amount received by a claimant as the result of fraud shall be assessed. The monetary penalty collected under this section shall be paid into the Unemployment Compensation Fund under § 3161 of this title.

(2) When the Department determines that an individual obtained an overpayment by fraud, in addition to any disqualification under § 3314(6) of this title, the individual is disqualified from receiving benefits for any week of unemployment, including the week in which the determination of fraud is made, until the Department determines that all of the following have occurred:

a. The total amount of the fraud overpayment has been repaid in full.

b. The monetary penalty, including interest, under this subsection has been paid in full.

(3) For fraud overpayments established by final decision before August 29, 2019, paragraph (c)(2) of the section does not apply and the Department may choose to deduct the remaining balance of the fraud overpayment due to the Department from future benefits payable to the individual under this chapter, with 100% of the payable weekly benefit amount being deducted from the subsequent awarded benefits until the fraud overpayment established before August 29, 2019, is completely repaid.

(d) The Department shall issue a notice of overpayment that includes the grounds for the overpayment, and an order for recoupment, before initiating action to collect the overpayment. Unless an individual files an appeal to an Unemployment Insurance appeals referee within 15 days after the order for recoupment was mailed to the individual at the individual’s last known address or otherwise delivered to the individual by the Department, the order for recoupment is final and recoupment shall be made in accordance with the order. An appeal from an Unemployment Insurance appeals referee decision to the Unemployment Insurance Appeal Board must be filed within 15 days after such decision was mailed to the individual or otherwise delivered to the individual by the Department. An appeal from the Unemployment Insurance Appeal Board decision to Superior Court may be made in the same fashion as an appeal of the Unemployment Insurance Appeal Board’s benefit decisions.

(e) Any employer who makes a deduction from a back wage award to a claimant because of the claimant’s receipt of unemployment benefits, for which the claimant has become ineligible by reason of the award, shall be liable to pay into the Unemployment Compensation Fund an amount equal to the amount of the deduction. When the employer has made the payment into the Unemployment Compensation Fund, the amount of the payments shall be considered when determining, if applicable, the employer’s entitlement to rehire credit.

(f) (1) The Department may do any of the following when an individual has an overpayment debt:

a. Write off, in whole or in part, an overpayment debt after a period of 3 years, when it has ascertained after investigation and after reasonable attempts at collection that the overpayment debt is wholly or partly uncollectible. The Department may prescribe the appropriate accounting methods by which the uncollected portion of the debt is written off its accounts instead of being carried indefinitely as an uncollected debt.

b. Collect an overpayment of benefits by bringing a civil action in a court of competent jurisdiction against the claimant.

1. Nonfraud overpayments. —

No action shall be taken by the Department to collect a nonfraud overpayment of benefits from an individual after a period of 5 years from the end of the “benefit year,” as defined in § 3302 of this title, with respect to which such benefits were paid, unless during this 5-year period the Department has brought a civil action in a court of competent jurisdiction against the individual.

2. Fraud overpayments. —

Notwithstanding § 8106 of Title 10, or any other law to the contrary, the Department may bring a civil action in a court of competent jurisdiction against a person for purposes of collecting a fraud overpayment of benefits at any time.

3. All overpayments. —

Notwithstanding anything in this section, § 8106 of Title 10, or any other law to the contrary, the Department may collect at any time an overpayment of benefits through any of the following means:

A. An offset of future benefits under this section.

B. As provided in § 545 of Title 30.

C. As provided in § 6402 of the Federal Internal Revenue Code (26 U.S.C. § 6402).

D. As provided in § 303(m) of the Social Security Act (42 U.S.C. § 503(m)).

(2) The Department shall credit any payment on account by a claimant on an overpayment, by any means, except the offset of subsequently awarded benefits, against the outstanding indebtedness of the claimant in the following manner:

a. First, principal on fraud overpayments in oldest to newest outstanding indebtedness order.

b. Second, interest on fraud overpayments.

c. Third, monetary penalty on fraud overpayments.

d. Fourth, principal on nonfraud overpayments in oldest to newest outstanding indebtedness order.

e. Fifth, court costs.

(3) The Department shall credit any collection of an overpayment by the offset of subsequently awarded benefits by the Department only against the principal of the outstanding indebtedness of the claimant under § 303(a)(5) of the Social Security Act (42 U.S.C. § 503) and § 3304(a)(4) of the Federal Unemployment Tax Act (26 U.S.C. § 3304). The Department shall credit an offset of subsequently awarded benefits in the following manner:

a. First, to fraud overpayment principal in oldest to newest outstanding indebtedness order.

b. Second, to nonfraud overpayment principal in oldest to newest outstanding indebtedness order.

(g) In addition to the methods of collection authorized under this chapter, the Department may collect overpayments, interest, penalties, and other liabilities due under this chapter as provided in § 545 of Title 30, § 6402 of the Federal Internal Revenue Code (26 U.S.C. § 6402), § 303(m) of the Social Security Act (42 U.S.C. § 503(m)), and any other means available under federal or state law.

(h) (1) Effective March 15, 2020, the Department may waive the recovery of any overpayment of benefits received under this chapter by any individual for which the individual was not entitled, in accordance with such regulations as the Department prescribes, if the Department finds any of the following:

a. In the judgment of the Department, recovery would be against equity and good conscience.

b. The overpayment was the result of Department error.

(2) Repayment of an overpayment may be found by the Department to be against equity and good conscience if the individual, at the time of submitting an application for overpayment waiver, is a current recipient of a low-income based public assistance program designated by the Department.

(3) Fraud overpayments are not eligible for waiver under this section.

(4) The Department shall notify the overpaid individual in writing of the opportunity to file an application to request waiver of an overpayment. The individual shall have 30 days from the date of the notice to submit a completed application for waiver of any overpayment set forth in the notice.

(5) Following the grant or denial of a request for waiver of recovery of an overpayment, the Department shall promptly deliver to the overpaid individual, by mail to the individual’s last known address or other delivery method, a written determination setting forth the basis for grant or denial of the request and explaining the overpaid individual’s appeal rights. The determination becomes final unless a written appeal is filed to the appeals tribunal within 15 days after the determination is mailed to the individual’s last known address or otherwise delivered to the individual, which appeal shall be handled in the same manner as appeals of benefit determinations pursuant to § 3318(c) of this title. The individual and the Department shall be notified of the appeals tribunal’s decision, together with the reasons therefor, which shall be final unless within 15 days from the date of mailing or other delivery method of the decision a further appeal is initiated to the Unemployment Insurance Appeal Board, which appeal shall be handled in the same manner as appeals of benefit determinations pursuant to §§ 3320, 3321 and 3323 of this title. The decision of the Unemployment Insurance Appeal Board shall be final and not subject to further review.
19 Del. C. § 711A — Delaware Code / Title 19 / Chapter 7 / Subchapter II / Section 711A
§ Â
        711A. Unlawful employment practices; sexual harassment.
Status: in_force

(a) Purpose. —

The State of Delaware is committed to ensuring that all Delawareans experience a safe and respectful workplace free of sexual harassment. Complaints of sexual harassment will be taken seriously and employers will be held accountable for sexual harassment in the workplace. It is the expectation of the Delaware General Assembly that all employers in the State of Delaware will work to create a workplace where employees are safe and treated with dignity and respect.

(b) Definitions. —

As used in this section:

(1) “Applicant” means as defined in § 709B of this title.

(2) “Apprentice” means any individual who is engaged in the learning of any of the licensed practices in Title 24 from a practitioner licensed in the profession the apprentice is studying.

(3) “Department” means Department of Labor.

(4) “Employee” means an individual employed by an employer and includes state employees, unpaid interns, applicants, joint employees and apprentices.

(5) “Employee placed by employment agency” means an employee who performs services for an employer as a result of the employer’s contractual agreement with an employment agency.

(6) “Employer” means any person employing 4 or more employees within the State at the time of the alleged violation and includes the State, the General Assembly, state agencies and labor organizations.

(7) “Employment agency” means as defined in § 710 of this title.

(8) “General Assembly” means as defined in § 5831 of Title 29.

(9) “Independent contractor” means as defined in § 3501 of this title.

(10) “Labor organization” means as defined in § 710 of this title.

(11) “Negative employment action” means an action taken by a supervisor that negatively impacts the employment status of an employee.

(12) “State agency” means as defined in § 5831 of Title 29.

(13) “State employee” means as defined in § 5831 of Title 29.

(14) “Supervisor” means an individual that is empowered by the employer to take an action to change the employment status of an employee or who directs an employee’s daily work activities.

(c) Sexual harassment of an employee is an unlawful employment practice when the employee is subjected to conduct that includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

(1) Submission to such conduct is made either explicitly or implicitly a term or condition of an employee’s employment;

(2) Submission to or rejection of such conduct is used as the basis for employment decisions affecting an employee; or

(3) Such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive working environment.

(d) An employer is responsible for sexual harassment of an employee when:

(1) A supervisor’s sexual harassment results in a negative employment action of an employee;

(2) The employer knew or should have known of the non-supervisory employee’s sexual harassment of an employee and failed to take appropriate corrective measures; or

(3) A negative employment action is taken against an employee in retaliation for the employee filing a discrimination charge, participating in an investigation of sexual harassment, or testifying in any proceeding or lawsuit about the sexual harassment of an employee.

(e) In any action against an employer under paragraph (d)(2) of this section, it is an affirmative defense if the employer proves that:

(1) The employer exercised reasonable care to prevent and correct any harassment promptly; and

(2) The employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer.

(f) Information sheet. —

(1) The Department of Labor shall create an information sheet on sexual harassment that the Department shall make available to employers. The information sheet shall be available at each office of the Department, and shall be mailed if the request includes a self-addressed envelope with postage affixed. The Department shall make the information sheet available on its website.

(2) The information sheet shall provide notice to employees of the right to be free from sexual harassment in the workplace. The information sheet must contain all of the following:

a. The illegality of sexual harassment;

b. The definition of sexual harassment under state law using examples;

c. The legal remedies and complaint process available through the Department;

d. Directions on how to contact the Department.

e. The legal prohibition against retaliation.

(3) Every employer shall distribute, physically or electronically, the information sheet to its employees as follows:

a. To new employees at the commencement of employment;

b. To existing employees by July 1, 2019.

(4) A claim that the information sheet required to be distributed under this subsection shall not in and of itself result in liability of any employer to any present or former employee in any action alleging sexual harassment. An employer’s compliance with this subsection does not insulate the employer from liability for sexual harassment of any current or former employee or applicant.

(g) Training requirements for an employer having 50 or more employees in Delaware. —

(1) An employer shall provide interactive training and education to employees regarding the prevention of sexual harassment.

(2) Such training shall be provided to employees as follows:

a. To new employees within 1 year of the commencement of employment and thereafter every 2 years;

b. To existing employees by January 1, 2020, and thereafter every 2 years.

(3) The training shall include all of the following:

a. The illegality of sexual harassment;

b. The definition of sexual harassment using examples;

c. The legal remedies and complaint process available to the employee.

d. Directions on how to contact the Department.

e. The legal prohibition against retaliation.

(4) Supervisor training. —

a. An employer shall provide additional interactive training to all supervisors as follows:

1. To new supervisors within 1 year of the commencement of employment as a supervisor, and thereafter every 2 years;

2. To existing supervisors by January 1, 2020, and thereafter every 2 years.

b. Such training shall include all of the following:

1. The specific responsibilities of a supervisor regarding the prevention and correction of sexual harassment;

2. The legal prohibition against retaliation.

(5) Training provided prior to January 1, 2019. — If an employer provided training to employees or supervisors prior to January 1, 2019, that would satisfy the requirements under this subsection, no additional training is required under this subsection until January 1, 2020.

(6) Numerosity and training requirement. —

a. Employers do not count applicants or independent contractors towards the numerosity requirement under this subsection.

b. Employers are not required to provide training under this subsection to applicants, independent contractors, or employees employed less than 6 months continuously.

c. Employment agencies are the only employers required to count and provide training to employees placed by employment agency under this subsection.

(h) The Department of Labor shall post the requirements of this section on their website and shall perform outreach as necessary to educate employers of the requirements of this section.
19 Del. C. § 2322B — Delaware Code / Title 19 / Chapter 23 / Subchapter II / Section 2322B
§ Â
        2322B. Procedures and requirements for promulgation of health-care payment system.
Status: in_force

The health-care payment system developed pursuant to this section shall be subject to the following procedures and requirements:

(1) The intent of the General Assembly in authorizing a health-care payment system was to reduce overall medical expenditures for the treatment of workers’ compensation-related injuries by 33% by January 31, 2017, and to reduce said expenditures by 20% by January 31, 2015.

(2) The health-care payment system shall include payment rates, instructions, guidelines, and payment guides and policies regarding application of the payment system. When completed, the payment system shall be published on the Internet at no charge to the user via a link from the Office of Workers’ Compensation website at https://industrialaffairs.delaware.gov/resources, or a successor website. The payment system shall also be made available in written form at the Office of Workers’ Compensation during regular business hours.

(3) The maximum allowable payment for health-care-related payments covered under this chapter shall be the lesser of the health-care provider’s actual charges or the fee set by the payment system.

a. The Workers’ Compensation Oversight Panel established a fee schedule for all Delaware workers’ compensation funded procedures, treatments, and services based on the Resource Based Relative Value Scale (RBRVS), Medical Severity Diagnosis Related Group (MS-DRG), Ambulatory Payment Classification (APC), or equivalent scale used by the Centers for Medicare and Medicaid Services. The RBRVS, MS-DRG, APC, or other equivalent factor shall be multiplied by a geographically-adjusted factor to ensure adequate participation by providers. The fee schedule and other savings from the healthcare payment system resulted in a reduction of 20% in aggregate workers’ compensation medical expenses by the year beginning January 31, 2015, an additional reduction of 5% of 2014 expenses by the year beginning January 31, 2016, and an additional reduction of 8% of 2014 expenses by the year beginning January 31, 2017. The aggregate workers’ compensation medical expenses required by this paragraph shall be attained through reimbursement reductions of equal percentages among hospitals, ambulatory surgical centers, and other health-care providers; therefore, by January 31, 2015, the fee schedule and other savings from the health-care payment system reflected a reduction of 20% in workers’ compensation medical expenses paid to hospitals, a reduction of 20% in workers’ compensation medical expenses paid to ambulatory surgical centers, and a reduction of 20% in workers’ compensation medical expenses paid to other health-care providers. This formula was also used for the 5% reduction required by January 31, 2016, and the 8% reduction required by January 31, 2017.

b. In addition, by January 31, 2017, no individual procedure in Delaware paid for through the workers’ compensation system (as identified by HCPCS level 1 or level 2 code) was reimbursed at a rate greater than 200% of that reimbursed by the federal Medicare system, provided that radiology services may be reimbursed at up to 250% of the federal Medicare reimbursement and surgery services may be reimbursed at up to 300% of the federal Medicare reimbursement.

c. On or around January 31, 2016, the Workers’ Compensation Oversight Panel reported to the Governor and General Assembly with respect to medical savings recognized as a result of this paragraph (3) and possible unforeseen consequences of the procedure-specific caps required by paragraphs (3)b. and (5) of this section, known to the Workers’ Compensation and Oversight Panel at the time of the report, and the General Assembly, at that time, reconsidered the specific percentage caps required by paragraphs (3)b. and (5) of this section. The cost reductions required by paragraph (3)a. of this section shall be permanent, with the exception of inflation increases beginning in 2018 as permitted by paragraph (5) of this section, and with the further exception of a permanent 1-time increase of 3% in aggregate workers’ compensation medical expenses to correct evaluation and management code reimbursements, which have fallen below the Center for Medicare and Medicaid Services rates, following the rate reductions set forth in paragraph (3)a. of this section.

(4) An independent actuary appointed by the Secretary of Labor verified that the fee schedule developed by the Workers’ Compensation Oversight Panel under paragraph (3) of this section complies with its requirements. If the fee schedule does not comply with its requirements, or is not completed by October 1, 2014, the Secretary of Labor shall promulgate a fee schedule meeting the requirements of paragraph (3) of this section by regulation.

(5) Beginning on January 1, 2018, the payment system will be adjusted yearly based on percentage changes to the Consumer Price Index-Urban, U.S. City Average, All Items, as published by the United States Bureau of Labor Statistics. Notwithstanding the annual CPI-Urban increase permitted by this paragraph (5), no individual procedure in Delaware paid for through the workers’ compensation system (as identified by HCPCS level 1 or level 2 code) shall be reimbursed at a rate greater than 200% of that reimbursed by the federal Medicare system, provided that radiology services may be reimbursed at up to 250% of the federal Medicare reimbursement and surgery services may be reimbursed at up to 300% of the federal Medicare reimbursement. The Workers’ Compensation Oversight Panel may, without consent of the General Assembly and Governor, reduce reimbursements for any procedures it deems appropriate, but cannot increase reimbursements beyond the amounts permitted by this chapter.

(6) Upon adoption of the health-care payment system, an employer and/or insurance carrier shall pay the lesser of the rate set forth by the payment system or the health-care provider’s actual charge. If an employer or insurance carrier contracts with a provider for the purpose of providing services under this chapter, the rate negotiated in any such contract shall prevail.

(7) The health-care payment system shall include provisions for health-care treatment and procedures performed outside the State of Delaware. Any health-care provider who is not licensed by the State of Delaware to provide medical services but is licensed in another state, and who is not certified under § 2322D of this title, may provide medical services without having to seek and obtain preauthorization for services that are reasonable, necessary and related to the employee’s work related injury or condition and have those services reimbursed at the lesser of:

a. The health-care provider’s usual and customary fee;

b. The maximum allowable fee pursuant to the Delaware workers’ compensation health-care payment system adopted pursuant to this section;

c. The maximum allowable fee pursuant to any workers’ compensation health-care payment system in the state in which the services at issue were rendered; or

d. If an employer or insurance carrier contracts with a provider for the purpose of providing services under this chapter, the rate negotiated to any such contract.

(8) Fees for nonclinical services, such as retrieving, copying and transmitting medical reports and records, testimony by affidavit, deposition or live testimony at any hearing or proceeding, or completion and transmission of any required report, form or documentation, and associated regulations and procedures for the determination of and verification of containment of fees, shall be developed and proposed by the Workers’ Compensation Oversight Panel, and adopted as part of the health-care payment system. Such fees shall be revised periodically on the recommendation of the Panel to reflect changes in the cost of providing such services. Following the adoption of the initial health-care payment system, adjustments to fees for nonclinical services shall be adopted by regulation of the Department of Labor pursuant to Chapter 101 of Title 29. The nonclinical service fees adopted pursuant to this paragraph (8) shall apply to all services provided after the effective date of the regulation, regardless of the date of injury.

(9) As part of the health-care payment system, the Workers’ Compensation Oversight Panel shall adopt, recommend, and maintain a formulary and fee methodology for pharmacy services, prescription drugs and other pharmaceuticals. The formulary and fee methodology system developed by the Workers’ Compensation Oversight Panel for pharmacy services, prescription drugs and other pharmaceuticals shall include a mandated discount from average wholesale price that shall be defined by the State, a ban on repackaging fees, and adoption of a preferred drug list.

(10) The Workers’ Compensation Oversight Panel shall have the authority to adopt rules to require electronic medical billing and payment processes, to standardize the necessary medical documentation for billing adjudication, to provide for effective dates and compliance, and for further implementation of this section.
19 Del. C. § 204 — Delaware Code / Title 19 / Chapter 2 / Section 204
§ Â
        204. Training and apprenticeship programs.
Status: in_force

(a) The State Department of Labor shall develop and conduct employee training and registered apprenticeship programs, in cooperation with participating appointing authorities and the Department of Human Resources. The Department of Human Resources shall assist appointing authorities in utilizing such programs, and in developing the apprenticeships which are established pursuant to this section.

(b) (1) The Secretary of the Department of Human Resources, in cooperation with the Department of Labor and other participating appointing authorities, shall develop and annually revise a list of employment classifications in the classified service which are appropriate for apprenticeship training by December 31.

(2) For purposes of the craft training requirement under § 6960A of Title 29, the Department of Labor shall maintain a list of crafts for which there are approved and registered craft training programs in this State as follows:

a. An updated list must be published by January 31 each year.

b. At the time of the annual January update, the list must include all of the following:

1. All of the crafts that had 1 or more active Delaware registered apprentices complete their apprenticeship during the previous 2 years.

2. The amount of the payment that satisfies the craft training requirement under § 6960A of Title 29 for each craft. The Secretary of Labor, with the concurrence of the Director of the Office of Management and Budget and the Controller General, shall establish the amount of the payment which shall be the average annual related technical instruction cost. The annual related technical instruction cost is calculated using the cost or tuition for 1 person to attend training for each craft in each adult education division vocational-technical school district offering training for the craft.

(3) The list of approved programs under paragraph (b)(2) of this section may be updated during the year to add craft training programs after a program is approved and registered.

(4) The amount of the payment under paragraph (b)(2)b.2. of this section must be reviewed at least once every 3 years and the review must consider all of the following:

a. The amount of moneys collected.

b. The number of additional programs created.

c. Changes in the cost or tuition for related technical instruction.

d. The number of contractors who have complied with the craft training requirement by making payments.

(c) The Apprenticeship and Training Section of the Department of Labor shall establish procedures for the coordination of programs developed under this section, in cooperation with the Secretary of the Department of Human Resources.

(d) Subject to the approval of the Secretary of the Department of Human Resources and the procedures established by the Apprenticeship and Training Section of the Department of Labor, each participating agency shall determine the location and positions in which apprenticeships are to be established.

(e) The Secretary of Labor shall include in the Secretary’s annual report the following:

(1) A review of the development and operation of training and apprenticeship programs.

(2) The current list of apprenticeable classifications.

(3) A summary of the agencies and types of positions involved.

(4) A summary of registered apprenticeships.

(5) The number of persons who applied for apprenticeship positions under this section.

(6) The number of persons who were accepted into the apprenticeship programs established under this section.

(7) The number of persons who successfully completed apprenticeships under this section and the number of persons who failed to complete apprenticeships under this section.

(8) The number of persons who remain employed after successfully completing apprenticeships.

(9) A summary of other training programs established.

(10) A summary of characteristics of applicants and participants in the program deemed pertinent by the Secretary of the Department of Human Resources.

(f) Nothing in this section may operate to invalidate or supersede a collective bargaining agreement of an employee organization and the State.

(g) The recruitment, selection, and training of apprentice trainees during their apprenticeship shall be without discrimination because of race, color, religion, national origin, sex, housing status, or any other basis protected under Chapter 7 of this title. The State will take affirmative action to provide equal opportunity in apprenticeship programs and will operate the training program as required under the State plan for equal employment in apprenticeship and training. For purposes of this subsection:

(1) “Housing status” means an individual, family, or youth’s overnight residence regardless of permanence or habitability.

(2) “Protective hairstyle” includes braids, locks, and twists.

(3) “Race” includes traits historically associated with race, including hair texture and a protective hairstyle.

(h) The Department of Labor shall file a report on the development of apprenticeship programs in January, 1986.
19 Del. C. § 803 — Delaware Code / Title 19 / Chapter 8 / Section 803
§ Â
        803. Required contract provisions.
Status: in_force

The contract whereby any authority acquires any property of a privately owned mass transportation system shall specify, with particularity, the terms and conditions of all the protective arrangements as set out in § 802 of this title, including all other protective arrangements which may be added thereto by the Department of Labor of this State.
19 Del. C. § 1701 — Delaware Code / Title 19 / Chapter 17 / Section 1701
§ Â
        1701. Short title.
Status: in_force

This chapter may be cited as the “Delaware Whistleblowers’ Protection Act.”
19 Del. C. § 2322C — Delaware Code / Title 19 / Chapter 23 / Subchapter II / Section 2322C
§ Â
        2322C. Development of health-care practice guidelines.
Status: in_force

Health-care practice guidelines shall be developed in accordance with the following provisions:

(1) The Workers’ Compensation Oversight Panel shall adopt, recommend and maintain a coordinated set of health-care practice guidelines and associated procedures to guide utilization of health-care treatments in workers’ compensation, including but not limited to care provided for the treatment of employees by or under the supervision of a licensed health-care provider, prescription drug utilization, inpatient hospitalization and length of stay, diagnostic testing, physical therapy, chiropractic care and palliative care.

(2) The guidelines shall be, to the extent permitted by the most current medical science or other applicable science, based on well-documented scientific research concerning efficacious treatment for injuries and occupational disease. To the extent that well-documented scientific research concerning efficacious treatment is not available at the time of adoption or revision of the guidelines, the guidelines shall be based upon the best available information concerning national consensus regarding best health-care practices in the relevant health-care community.

(3) The guidelines shall, to the extent practical consistent with this section, address treatment of those physical conditions which occur with the greatest frequency (for services compensable under this chapter), or which require the most expensive treatments (for services compensable under this chapter), based upon currently available Delaware data.

(4) The guidelines shall contain a section guiding the utilization of prescription medications.

(5) Health-care practice guidelines may be based upon an existing model, already in use, to guide treatment of medical care for workers’ compensation. Additional guidelines may be initially adopted, pursuant to the same criteria, to obtain coverage of areas or issues of treatment not included in other adopted guidelines. In no event shall multiple guidelines covering the same aspects of the same medical condition be simultaneously in force.

(6) Services rendered by any health-care provider certified to provide treatment services for employees shall be presumed, in the absence of contrary evidence, to be reasonable and necessary if such services conform to the most current version of the Delaware health-care practice guidelines. Services provided by health-care providers that are not certified shall not be presumed reasonable and necessary unless such services are preauthorized by the employer or insurance carrier, subject to the exception set forth in § 2322D(b) of this title. It is intended that these guidelines will be recommended to the Panel by Panel subcommittees in coordination with a qualified contractor with expertise in establishing treatment guidelines, developing the rules that define the use of such guidelines, and disseminating the guidelines in a manner that streamlines the delivery of health care.

(7) Health-care practice guidelines shall be subject to review and revision by the Workers’ Compensation Oversight Panel on at least an annual basis. It is the intent of the General Assembly that the development of health-care guidelines will be recommended by a predominantly medical or other health-professional subcommittee, recognizing that health-care professionals are best equipped to determine appropriate treatment. It is further intended that subcommittees comprised of representatives from appropriate specialties will make comment and offer recommendations to the Workers’ Compensation Oversight Panel.
19 Del. C. § 107 — Delaware Code / Title 19 / Chapter 1 / Section 107
§ Â
        107. Inspection of records; duty to furnish information.
Status: in_force

(a) The members of the Department and its authorized representatives may enter at reasonable times, so as not to unduly hinder the conduct of the business, any place of employment for the purpose of inspecting records and collecting facts and statistics relating to the employment of workers and of making inspections for the proper enforcement of all labor laws of the State. No employer or owner shall refuse to admit the members of the Department, or its authorized representatives, to the employer’s or owner’s place of employment, provided the admission requested is not at an unreasonable time.

(b) Any person who hinders or delays the members of the Department, or its authorized representatives in the performance of their duties, in the enforcement of this chapter or any law which it is the power or duty of the Department to enforce; or who refuses to admit, at reasonable times, the members of the Department, or its authorized representatives to any place of employment; or who fails to give information lawfully required for the proper enforcement of any law, upon demand of the members of the Department, or its authorized representatives; and any employer who fails or refuses to make records relating to the employment of workers accessible, or who falsifies such records or who refuses to furnish a sworn statement thereof, upon demand of the Department or its authorized representatives, shall be deemed to have violated this section.
19 Del. C. § 1301 — Delaware Code / Title 19 / Chapter 13 / Section 1301
§ Â
        1301. Statement of policy.
Status: in_force

It is the declared policy of the State and the purpose of this chapter to promote harmonious and cooperative relationships between public employers and their employees and to protect the public by assuring the orderly and uninterrupted operations and functions of the public employer. These policies are best effectuated by:

(1) Granting to public employees the right of organization and representation;

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

(3) Empowering the Public Employment Relations Board to assist in resolving disputes between public employees and public employers and to administer this chapter.
19 Del. C. § 2314 — Delaware Code / Title 19 / Chapter 23 / Subchapter I / Section 2314
§ Â
        2314. Defenses unavailable in action for compensation.
Status: in_force

In any action instituted by any person to recover damages for personal injury sustained by an employee by accident arising out of and in the course of employment within this State or for death resulting from injury so sustained, it shall not be a defense that:

(1) The injury or death was caused in whole or in part by the want of ordinary or reasonable care of or by the negligence of a fellow employee; or

(2) The employee had either expressly or impliedly assumed the risk of the injury; or

(3) Injury was caused in any degree by the negligence of such employee.
19 Del. C. § 3302 — Delaware Code / Title 19 / Chapter 33 / Subchapter I / Section 3302
§ Â
        3302. Definitions.
Status: in_force

As used in this chapter, unless the context clearly requires otherwise, the following terms shall have the meanings designated in this section:

(1) “Assessments” means the money payments to the State Unemployment Compensation Fund required by this chapter.

(2) “Assessment rate year” means the calendar year for which an assessment rate is in effect.

(3) “Base period” means the first 4 of the last 5 completed calendar quarters immediately preceding the first day of an individual’s benefit year. However, if the claimant has earned insufficient wages in the first 4 of the last 5 completed calendar quarters to become eligible for benefits, then such claimant’s “base period” shall be the 4 most recent completed calendar quarters immediately preceding the first day of the claimant’s benefit year.

(4) “Benefit charges” means the amount of benefits paid by the Department to an individual that has been charged to an employer’s experience merit rating account pursuant to § 3355 of this title.

(5) “Benefit year” with respect to any individual means the 1-year period beginning with the first day of the first week with respect to which the individual first files a valid claim for benefits, and thereafter the 1-year period beginning with the first day of the first week with respect to which the individual next files a valid claim for benefits after the termination of the worker’s last preceding benefit year. Provided that, when the last day of such 1-year period falls within a week with respect to which an individual has met the eligibility requirements of this chapter, the ending date of the benefit year may be extended for a period not to exceed 6 days, and provided further that, for the purpose of filing any subsequent claim for benefits, the extension of the benefit year as provided in this paragraph shall not change the benefit year ending date as established prior to such extension.

As used in this paragraph, a “valid claim” is any claim for benefits made in accordance with § 3317 of this title if the individual has been paid wages for employment required under § 3315(5) of this title.

(6) “Benefits” means the money payments payable to an individual, as provided in this chapter, with respect to the individual’s unemployment.

(7) “Calendar quarter” means the period of 3 consecutive calendar months ending on March 31, June 30, September 30 or December 31, excluding, however, any calendar quarter or portion thereof which occurs prior to January 1, 1938, or the equivalent thereof as the Department may by regulation prescribe.

(8) “Covered wages” means the aggregate amount of all remuneration with respect to employment paid to an individual by an employer or the employer’s predecessor during a calendar year and which are required to be reported in the quarterly assessment reports submitted by an employer to the Division for the period covered by such calendar year, pursuant to paragraphs (27) and (28)(B) of this section but not limited by the limits set forth in paragraph (28)(A) of this section and excluding employers who pay reimbursement payments in lieu of assessments pursuant to § 3345(b).

(9) “Delinquency assessment rate” means the assessment rate the Department shall assign for the period of 12 months commencing January 1 of any assessment rate year to a delinquent employer. The delinquency assessment rate for rated employers shall be 6.3% multiplied by the taxable wages paid by the delinquent employer during any calendar quarter. The delinquency assessment rate for new employers shall be as set forth in § 3348(o)(4) of this title.

(10) “Delinquent employer” means a rated employer or new employer who is delinquent as of September 30 of the prior assessment rate year in filing any required reports or paying any assessments due on wages paid for employment for such employer during pay periods ending on or prior to June 30 of the prior assessment rate year.

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

(12) “Employer” means:

(A) (i) Any employing unit which after December 31, 1971,

(I) In any calendar quarter in either the current or preceding calendar year paid for service in employment wages of $1,500 or more, or

(II) For some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, in either the current or preceding calendar year, had in employment at least 1 individual (irrespective of whether the same individual was in employment in each such day);

(ii) Any employing unit for which agricultural labor as defined in paragraph (15)(A)(vii) of this section is performed after December 31, 1977;

(iii) Any employing unit for which domestic service as defined in paragraph (15)(B) of this section is performed after December 31, 1977;

(iv) (I) In determining whether or not an employing unit for which service other than domestic service is also performed is an employer under paragraphs (12)(A)(i) and (ii) of this section the wages earned or the employment of an employee performing domestic service after December 31, 1977, shall not be taken into account;

(II) In determining whether or not an employing unit for which service other than agricultural labor is also performed is an employer under paragraphs (12)(A)(i) and (iii) of this section, the wages earned or the employment of an employee performing service in agricultural labor after December 31, 1977, shall not be taken into account. If an employing unit is determined an employer of agricultural labor, such employing unit shall be determined an employer for the purposes of paragraph (12)(A)(i) of this section;

(B) Any employing unit for which service in employment as defined in paragraph (14)(B)(iii) of this section is performed;

(C) Any employing unit for which service in employment, as defined in paragraph (14)(C) of this section, is performed after December 31, 1971;

(D) Any employing unit (whether or not an employing unit at the time of acquisition) which acquired the organization, trade or business, or substantially all of the assets thereof, of another employing unit which at the time of such acquisition was an employer subject to this chapter, or which acquired a part of the organization, trade or business of another employing unit which at the time of such acquisition was an employer subject to this chapter;

(E) Any employing unit which acquired the organization, trade or business, or substantially all the assets thereof, of another employing unit (not an employer subject to this chapter) and which would be an employer under paragraph (12)(A) of this section if, subsequent to such acquisition, it were treated as a single unit with such other employing unit;

(F) Any employing unit which, together with 1 or more other employing units, is owned or controlled (by legally enforceable means or otherwise) directly or indirectly by the same interests, or which owns or controls 1 or more other employing units (by legally enforceable means or otherwise), and which if treated as a single unit with such other employing units or interests or both would be an employer under paragraph (12)(A) of this section;

(G) Any employing unit not an employer by reason of any other paragraph of this paragraph (12):

(i) For which, within either the current or preceding calendar year, service is or was performed with respect to which such employing unit is liable for any federal tax against which credit may be taken for assessments required to be paid into a state unemployment fund; or

(ii) Which, as a condition for approval of this part for full tax credit against the tax imposed by the Federal Unemployment Tax Act [26 U.S.C. § 3301 et seq.], is required, pursuant to such Act, to be an “employer” under this part;

(H) Any employing unit which, having become an employer under paragraph (12)(A), (B), (C), (D), (E), (F) or (G) of this section, has not under § § 3341 through 3343 of this title ceased to be an employer subject to this chapter; and

(I) For the effective period of its election pursuant to § 3343 of this title, any employing unit which has elected to become subject to this chapter.

(J) For purposes of this paragraph (12), an employee leasing company, a professional employment organization (PEO) or any other similar entity shall not be considered to be the employer of any leased employees. The services performed by leased employees shall be considered to be services performed for the employer client company of the employee leasing company, professional employment organization (PEO) or any similar entity and the employer client company shall be considered to be the employer of its leased employees. An employer client company shall be responsible for reporting the gross wages of its leased employees to the Division of Unemployment Insurance on Form UC-8A (Quarterly Payroll Report) and for paying any assessments due on the taxable wages of its leased employees to the Division of Unemployment Insurance as reported on Form UC-8 (Quarterly Tax Report). The unemployment insurance assessment rate for an employer client company, as determined in accordance with § § 3350 or 3350A of this title, shall include the unemployment insurance claims experience of the employer client company’s leased employees. This paragraph does not apply to a temporary help firm as defined in § 3327 of this title unless such temporary help firm provides leased employees to an employer client company. In such cases, the employee leasing segment of the temporary help firm’s business shall be subject to this paragraph. For the purpose of this paragraph (12)(J), an “employee leasing company,” “professional employment organization (PEO)” or similar entity shall mean an employing unit established to engage in the business of providing leased employees to an employer client company. For the purpose of this paragraph, an “employer client company” shall mean a company who enters into an agreement with an employee leasing company, professional employment organization (PEO) or similar entity to lease any or all of its regular employees.

For purposes of paragraphs (12)(A) and (C) of this section, employment shall include service which would constitute employment but for the fact that such service is deemed to be performed entirely within another state pursuant to an election under an arrangement entered into (in accordance with § 3131 of this title) by the Department and an agency charged with the administration of any other state or federal unemployment compensation law.

For purposes of paragraphs (12)(A)(i)(II) and (C) of this section, if any week includes both December 31 and January 1, the days of that week up to January 1 shall be deemed 1 calendar week and the days beginning January 1 another such week.

(13) (A) “Employing unit” means any individual or type of organization, including any partnership, association, trust, estate, joint stock company, insurance company or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof or the legal representative of a deceased person, which has or subsequent to January 1, 1936, had in its employ 1 or more individuals performing services for it within this State. Employing unit also means any governmental entity which has in its employ individuals performing services. All individuals performing services within this State for any employing unit which maintains 2 or more separate establishments within this State shall be deemed to be employed by a single employing unit for all other purposes of this chapter.

(B) Whenever any employing unit contracts with or has under it any contractor or subcontractor for any work which is part of its usual trade, occupation, profession or business, such employing unit shall for all the purposes of this chapter be deemed to employ each individual in the employ of each such contractor or subcontractor for each day during which such individual is engaged in performing such work and shall be liable for the employer assessments with respect to wages paid to such individuals by such contractor or subcontractor, except that any employing unit which becomes liable for and pays assessments with respect to individuals in the employ of any such contractor or subcontractor may recover the same from such contractor or subcontractor. Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit shall be deemed to be employed by such employing unit for all the purposes of this chapter, whether such individual was hired or paid directly by such employing unit or by such agent or employee, providing the employing unit had actual or constructive knowledge of the work, except as provided in paragraph (15)(A)(vii) of this section.

(14) “Employment” means:

(A) Any service performed prior to January 1, 1978, which was employment as defined in this paragraph prior to such date and, subject to the other provisions of this paragraph, service performed after December 31, 1977, including service in interstate commerce, by

(i) Any officer of a corporation after December 31, 1995.

(ii) Any individual who, under paragraph (14)(K) of this section, has the status of an employee; or

(iii) Any individual other than an individual who is an employee under paragraph (14)(A)(i) or (ii) of this section who performs services for remuneration for any person:

(I) As an agent-driver or commission-driver engaged in distributing meat products, vegetable products, fruit products, bakery products, beverages (other than milk) or laundry or dry cleaning services, for the driver’s principal; or

(II) As a traveling or city salesperson, other than as an agent-driver or commission-driver, engaged upon a full-time basis in the solicitation on behalf of, and the transmission to, the person’s principal (except for sideline sales activities on behalf of some other person) of orders from wholesalers, retailers, contractors or operators of hotels, restaurants or other similar establishments for merchandise for resale or supplies for use in their business operations;

(III) As a homeworker performing work, according to specifications furnished by the person for whom the services are performed, on materials or goods furnished by such person which are required to be returned to such person or a person designated by such person;

Provided, that for purposes of paragraph (14)(A)(iii) of this section, the term “employment” shall include services described in paragraphs (14)(A)(iii)(I), (II) and (III) of this section, performed after December 31, 1977, only if:

1. The contract of service contemplates that substantially all of the services are to be performed personally by such individual;

2. The individual does not have a substantial investment in facilities used in connection with the performance of the services (other than in facilities for transportation); and

3. The services are not in the nature of a single transaction that is not part of a continuing relationship with the person for whom the services are performed.

(B) (i) Service performed after December 31, 1971, by an individual in the employ of this State or any of its instrumentalities (or in the employ of this State and 1 or more other states or their instrumentalities) for a hospital or institution of higher education located in this State, provided that such service is excluded from “employment” as defined in the Federal Unemployment Tax Act [26 U.S.C. § 3301 et seq.]; or

(ii) Service performed after June 30, 1972, and before January 1, 1978, by an individual in the employ of this State or any of its instrumentalities, provided that such service is classified by the State Personnel Commission. As used in this paragraph, a “classified employee” is a person holding a career job based on a merit system under a specific pay plan in accordance with merit system screening, regulation and law. Coverage is restricted to services of classified employees not employed on a seasonal or temporary basis.

(iii) Service performed after December 31, 1977, in the employ of this State or any of its instrumentalities or any political subdivision thereof or any of its instrumentalities or any instrumentality of more than 1 of the foregoing or any instrumentality of any of the foregoing and 1 or more other states or political subdivisions, provided that such service is excluded from “employment” as defined in the Federal Unemployment Tax Act by § 3306(c)(7) of that act [26 U.S.C. § 3306(c)(7)] and is not excluded from “employment” under paragraph (14)(D)(iii) of this section.

(C) Service performed after December 31, 1971, by an individual in the employ of a religious, charitable, educational or other organization but only if the following conditions are met:

(i) The service is excluded from “employment” as defined in the Federal Unemployment Tax Act solely by reason of § 3306(c)(8) of that act [26 U.S.C. § 3306(c)(8)]; and

(ii) The organization had 4 or more individuals in employment for some portion of a day in each of 20 different weeks, whether or not such weeks were consecutive, within either the current or preceding calendar year, regardless of whether they were employed at the same moment of time.

(D) For the purposes of paragraphs (14)(B) and (C) of this section, the term “employment” does not apply to service performed:

(i) In the employ of:

(I) A church or convention or association of churches; or

(II) An organization which is operated primarily for religious purposes and which is operated, supervised, controlled or principally supported by a church or convention or association of churches; or

(ii) By a duly ordained, commissioned or licensed minister of a church in the exercise of a ministry or by a member of a religious order in the exercise of duties required by such order; or

(iii) Prior to January 1, 1978, in the employ of a school which is not an institution of higher education; after December 31, 1977, in the employ of a governmental entity referred to in paragraph (14)(B)(iii) of this section if such service is performed by an individual in the exercise of duties:

(I) As an elected official;

(II) As a member of a legislative body, or a member of the judiciary, of a state or political subdivision;

(III) As a member of the State National Guard or Air National Guard;

(IV) As an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood or similar emergency;

(V) In a position which, under or pursuant to the laws of this State, is designated as:

1. A major nontenured policymaking or advisory position, or

2. A policymaking or advisory position the performance of duties of which ordinarily does not require more than 8 hours per week; or

(iv) In a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury or of providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be readily absorbed in the competitive labor market, such service performed by an individual receiving such rehabilitation or remunerative work; or

(v) As part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any federal agency or an agency of a state or political subdivision thereof by an individual receiving such work relief or work training; or

(vi) Prior to January 1, 1978, for a hospital in a state prison or other state correctional institution and after December 31, 1977, by an inmate of a custodial or penal institution.

(E) The term “employment” shall include the service of an individual who is a citizen of the United States, performed outside the United States after December 31, 1971 (except in Canada, and in the case of the Virgin Islands after December 31, 1971, and prior to January 1 of the year following the year in which the United States Secretary of Labor approves the unemployed compensation law of the Virgin Islands under § 3304(a) [26 U.S.C. § 3304(a)] of the Internal Revenue Code of 1954), in the employ of an American employer (other than service which is deemed “employment” under paragraph (14)(H) or (I) of this section or the parallel provisions of another state’s law), if:

(i) The employer’s principal place of business in the United States is located in this State; or

(ii) The employer has no place of business in the United States, but

(I) The employer is an individual who is a resident of this State; or

(II) The employer is a corporation which is organized under the laws of this State; or

(III) The employer is a partnership or a trust and the number of partners or trustees who are residents of this State is greater than the number who are residents of any 1 other state; or

(iii) None of the criteria of paragraphs (14)(E)(i) and (ii) of this section is met but the employer has elected coverage in this State or, the employer having failed to elect coverage in any state, the individual has filed a claim for benefits based on such service under the law of this State.

(iv) An “American employer” for purposes of this paragraph means a person who is:

(I) An individual who is a resident of the United States; or

(II) A partnership if 2/3 or more of the partners are residents of the United States; or

(III) A trust, if all of the trustees are residents of the United States; or

(IV) A corporation organized under the laws of the United States or of any state.

(v) For purposes of this paragraph, the term “United States” includes the states, the District of Columbia and the Commonwealth of Puerto Rico.

(F) Notwithstanding paragraph (14)(H) of this section, all service performed after December 31, 1971, by an officer or member of a crew of an American vessel on or in connection with such vessel if the operating office from which the operation of such vessel operating on navigable waters within, or within and without, the United States is ordinarily and regularly supervised, managed, directed and controlled is within this State.

(G) Notwithstanding any other provisions of this paragraph (14), except as provided in paragraph (14)(A)(i) of this section, service with respect to which a tax is required to be paid under any federal law imposing a tax against which credit may be taken for assessments required to be paid into a state unemployment fund or which as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act [26 U.S.C. § 3301 et seq.] is required to be covered under this chapter.

(H) The term “employment” shall include an individual’s entire service, performed within, or both within and without, this State if the service is localized in this State. Service shall be deemed to be localized within this State if:

(i) The service is performed entirely within this State; or

(ii) The service is performed both within and without this State but the service performed without this State is incidental to the individual’s service within the State, for example, is temporary or transitory in nature or consists of isolated transactions.

(I) The term “employment” shall include an individual’s entire service, performed within, or both within or without, this State if the service is not localized in any state but some of the service is performed in this State and

(i) The individual’s base of operation is in this State; or

(ii) If there is no base of operations, then the place from which such service is directed or controlled is in this State; or

(iii) The individual’s base of operations or place from which such service is directed or controlled is not in any state in which some part of the service is performed, but the individual’s residence is in this State.

(J) Service covered by an election pursuant to § 3343 of this title shall be deemed to be employment during the effective period of the election.

(K) Notwithstanding any other provisions of this chapter and irrespective of whether the common-law relationship of employer and employee exists, services performed by an individual for wages, unless and until it is shown to the satisfaction of the Department that:

(i) Such individual has been and will continue to be free from control and direction in connection with the performance of such service, both under the individual’s contract for the performance of services and in fact; and

(ii) Such service is performed either outside the usual course of the business for which the service is performed or is performed outside of all the places of business of the enterprise for which the service is performed; and

(iii) Such individual is customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed.

(15) “Employment” does not include:

(A) Service performed by an individual in agricultural labor, except as provided in paragraph (15)(A)(vii) of this section. For purposes of this paragraph, the term “agricultural labor” means any service performed prior to January 1, 1972, which was agricultural labor as defined in this paragraph prior to such date, and remunerated service performed after December 31, 1971:

(i) On a farm, in the employ of any person, in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, bees, poultry and fur-bearing animals and wildlife;

(ii) In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement or maintenance of such farm and its tools and equipment or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of such service is performed on a farm;

(iii) In connection with the production or harvesting of any commodity defined as an agricultural commodity in § 15(g) of the Agricultural Marketing Act, as amended [12 U.S.C. § 1141j] or in connection with the ginning of cotton or in connection with the operation or maintenance of ditches, canals, reservoirs or waterways, not owned or operated for profit, used exclusively for supplying and storing water for farming purposes;

(iv) (I) In the employ of the operator of a farm in handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity, but only if such operator produced more than 1/2 of the commodity with respect to which such service is performed;

(II) In the employ of a group of operators of farms (or a cooperative organization of which such operators are members) in the performance of service described in paragraph (15)(A)(iv)(I) of this section but only if such operators produced more than 1/2 of the commodity with respect to which such service is performed;

(III) Paragraphs (15)(A)(iv)(I) and (II) of this section shall not be deemed to be applicable with respect to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption; or

(v) On a farm operated for profit if such service is not in the course of the employer’s trade or business.

(vi) As used in paragraph (15)(A) of this section the term “farm” includes stock, dairy, poultry, fruit, fur-bearing animals and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities and orchards.

(vii) The term “employment” shall include service performed after December 31, 1977, by an individual in agricultural labor when:

(I) Such service is performed for a person who:

1. During any calendar quarter in either the current or the preceding calendar year paid remuneration in cash of $20,000 or more to individuals employed in agricultural labor (not taking into account service in agricultural labor performed before January 1, 1980, by an alien referred to in paragraph (15)(A)(vii)(II) of this section, or

2. For some portion of a day in each of 20 different calendar weeks, whether or not such days were consecutive, in either the current or the preceding calendar year, employed in agricultural labor (not taking into account service in agricultural labor performed before January 1, 1980, by an alien referred to in paragraph (15)(A)(vii)(II) of this section) 10 or more individuals, regardless of whether they were employed at the same moment of time.

(II) Such service is not performed in agricultural labor if performed prior to January 1, 1980, by an individual who is an alien admitted to the United States to perform service in agricultural labor pursuant to §§ 214(c) and 101(a)(15)(H) of the Immigration and Nationality Act [8 U.S.C. § 1184(c) and 8 U.S.C. § 1101(a)(15)(H)].

(III) For purposes of this paragraph, any individual who is a member of a crew furnished by a crew leader to perform service in agricultural labor for any other person shall be treated as an employee of such crew leader:

1. If such crew leader holds a valid certificate of registration under the Farm Labor Contractor Registration Act of 1963 [former 7 U.S.C. § 2041 et seq. (See Revisor’s note)]; or substantially all the members of such crew operate or maintain tractors, mechanized harvesting or crop dusting equipment or any other mechanized equipment, which is provided by such crew leader; and

2. If such individual is not an employee of such other person within the meaning of paragraph (13)(A) of this section.

(IV) For the purpose of this subparagraph in the case of an individual who is furnished by a crew leader to perform services in agricultural labor for any other person and who is not treated as an employee of such crew leader under paragraph (15)(A)(vii)(II) of this section:

1. Such other person and not the crew leader shall be treated as the employer of such individual; and

2. Such other person shall be treated as having paid cash remuneration to such individual in an amount equal to the amount of cash remuneration paid to such individual by the crew leader (either on the person’s own behalf or on behalf of such other person) for the service in agricultural labor performed for such other person.

(V) For the purposes of this subparagraph, the term “crew leader” means an individual who:

1. Furnishes individuals to perform services in agricultural labor for any other person;

2. Pays (either on the person’s own behalf or on behalf of such other person) the individuals so furnished by the crew leader for the service in agricultural labor performed by them; and

3. Has not entered into a written agreement with such other person under which such individual is designated as an employee of such other person.

(B) Domestic service in a private home performed prior to January 1, 1978. After December 31, 1977, the term “employment” shall include domestic service in a private home, local college club or local chapter of a college fraternity or sorority performed for a person who paid cash remuneration of $1,000 or more after December 31, 1977, in the current calendar year or the preceding calendar year to individuals employed in such domestic service in any calendar quarter.

(C) Service performed by an individual in the employ of the individual’s child or spouse and service performed by a child under the age of 18 in the employ of the child’s parent.

(D) Service performed after December 31, 1971, in the employ of this State, or of any political subdivision or of any instrumentality of this State or its political subdivision except as provided in paragraph (14)(B) of this section.

(E) Service performed after December 31, 1971, in the employ of a corporation, community chest, fund or foundation organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary or educational purposes or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda or otherwise attempting to influence legislation and which does not participate in, or intervene in (including the publishing or distributing of statements) any political campaign on behalf of any candidate for public office, except as provided in paragraph (14)(C) of this section.

(F) Service with respect to which unemployment compensation is payable under an unemployment compensation system established by an act of Congress. The Department shall enter into agreements with the proper agencies under such act of Congress, which agreements shall become effective 10 days after publication thereof in the manner provided in § 3122 of this title for general rules and shall provide reciprocal treatment to individuals who have, after acquiring potential rights to benefits under this chapter, acquired rights to unemployment compensation under such act of Congress, or who have, after acquiring potential rights to unemployment compensation under such act of Congress, acquired rights to benefits under this chapter.

(G) Service performed by an officer of any building and loan association, fraternal order, society, labor union, political club or political organization service club, alumni association or any corporation, association, society or club organized and operated exclusively for social or civic purposes. The exemptions mentioned in this paragraph shall apply only when the service performed by the officer is a part-time service and only when the remuneration of the officer performing the part-time service does not exceed the sum of $75 in any calendar quarter in any calendar year.

(H) Service performed by an individual for an employer as an insurance agent or real estate agent, or as an insurance solicitor or real estate solicitor, if all such service performed by such individual for such employer is performed for remuneration solely by way of commissions.

(I) Service covered by an arrangement between the Department and the agency charged with the administration of any other state or federal unemployment compensation law pursuant to which all services performed by an individual for an employing unit during the period covered by such employing unit’s duly approved election are deemed to be performed entirely within such agency’s state.

(J) Service performed after December 31, 1971, in the employ of a school, college or university, if such service is performed by a student who is enrolled and is regularly attending classes at such school, college or university.

(K) Service performed after December 31, 1971, by an individual who is enrolled at a nonprofit or public educational institution which normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on as a student in a full-time program, taken for credit at such institution, which combines academic instruction with work experience, if such service is an integral part of such program and such institution has so certified to the employer, except that this subparagraph shall not apply to service performed in a program established for or on behalf of an employer or a group of employers.

(L) Service performed after December 31, 1971, in the employ of a hospital if such service is performed by a patient of the hospital, as defined in paragraph (18) of this section.

(M) Service performed after June 30, 1972, in the employ of this State or any of its political subdivisions by an elected official, an official appointed by the Governor or an official compensated on a fee basis.

(N) Service performed as a direct seller as defined in § 3508 of the Internal Revenue Code of 1954 [26 U.S.C. § 3508], as amended.

(16) “Employment office” means a free public employment office or branch thereof operated by this State or as a part of a state-controlled system of public employment offices or by a federal agency charged with the administration of an unemployment compensation program or free public employment offices.

(17) “Fund” means the Unemployment Compensation Fund established by this title to which all assessments required and from which all benefits provided under this chapter shall be paid.

(18) “Hospital” means an institution which has been licensed, certified or approved by the Department of Health and Social Services as a hospital.

(19) (A) “Institution of higher education,” for the purposes of this section, means an educational institution which:

(i) Admits as regular students only individuals having a certificate of graduation from a high school or the recognized equivalent of such a certificate;

(ii) Is legally authorized in this State to provide a program of education beyond high school;

(iii) Provides an educational program for which it awards a bachelor’s or higher degree, or provides a program which is acceptable for full credit toward such a degree, a program of postgraduate or postdoctoral studies or a program of training to prepare students for gainful employment in a recognized occupation; and

(iv) Is a public or other nonprofit institution.

(v) Notwithstanding any of the foregoing provisions of this paragraph (19), all colleges and universities in this State are institutions of higher education for purposes of this section.

(B) “Educational institution” (including an institution of higher education) is:

(i) One in which participants, trainees or students are offered an organized course of study or training designed to transfer to them knowledge, skills, information, doctrines, attitudes or abilities from, by or under the guidance of an instructor or teacher; and

(ii) Approved, licensed or issued a permit to operate as a school by the State Department of Education or other governmental agency that is authorized within the State to approve, license or issue a permit for the operations of a school; and

(iii) The courses of study or training which it offers may be academic, technical, trade or preparation for gainful employment in a recognized occupation.

(20) “New employer” means any employer from the time the employer first becomes subject to this chapter until the employer qualifies for an earned rate of assessment pursuant to § 3350 or § 3350A of this title. “New employer” does not include an employer who pays reimbursement payments in lieu of assessments pursuant to § 3345(b) of this title.

(21) “New employer rate” means the rate of assessments assigned to a new employer under § 3348 of this title.

(22) “Rated employer” means an employer that is liable for an earned rate of assessment under § § 3350 and 3350A of this title. “Rated employer” does not include an employer subject to a new employer rate under § 3348 of this title.

(23) “Regular benefits” means benefits payable to an individual under this chapter or under any other state law (including benefits payable to federal civilian employees and to ex-service persons pursuant to 5 U.S.C. Chapter 85) other than additional and extended benefits.

(24) “States” includes, in addition to the states of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico and Virgin Islands.

(25) “Taxable wages” means the amount of remuneration with respect to employment paid to an individual by an employer or the employer’s predecessor on which unemployment insurance assessments must be paid, pursuant to paragraphs (27) and (28)(B) of this section, up to the limits set forth in paragraph (28)(A) of this section.

(26) “Unemployment” exists and an individual is “unemployed” in any week during which the individual performs no services and with respect to which no wages are payable to the individual, or in any week of less than full-time work if the wages payable to the individual with respect to such week are less than the individual’s weekly benefit amount plus whichever is the greater of $10 or 50% of the individual’s weekly benefit amount. The Department shall prescribe regulations applicable to unemployed individuals making such distinctions in the procedures as to total unemployment, part-total unemployment, partial unemployment of individuals attached to their regular jobs and other forms of short-time work as the Department deems necessary.

(27) “Wages” means all remuneration for personal services, including commissions, bonuses, dismissal payments, holiday pay, back pay awards and the cash value of all remuneration in any medium other than cash.

Gratuities customarily received by an individual in the course of the individual’s work from persons other than the individual’s employing unit shall be treated as wages received from the individual’s employing unit.

The reasonable cash value of remuneration in any medium other than cash and the reasonable amount of gratuities shall be estimated and determined in accordance with rules prescribed by the Department.

(28) “Wages” does not include:

(A) For the purpose of §§ 3345 and 3348 of this title:

(i) After December 31, 1982, that part of the remuneration which, after remuneration equal to $7,200 with respect to employment during any calendar year, is paid to an individual by an employer or the employer’s predecessor during such calendar year; or

(ii) After December 31, 1983, that part of the remuneration which, after remuneration equal to $8,000 (or such greater amount as may be specified as the taxable wage base in the Federal Unemployment Tax Act [26 U.S.C. § 3301 et seq.]) with respect to employment during any calendar year, is paid to an individual by an employer or the employer’s predecessor during such calendar year; or

(iii) After December 31, 1985, that part of the remuneration which, after remuneration equal to $8,250 (or such greater amount as may be specified as the taxable wage base in the Federal Unemployment Tax Act [26 U.S.C. § 3301 et seq.]) with respect to employment during any calendar year, is paid to an individual by an employer or the employer’s predecessor during such calendar year; or

(iv) After December 31, 1986, that part of the remuneration which, after remuneration equal to $8,500 (or such greater amount as may be specified as the taxable wage base in the Federal Unemployment Tax Act [26 U.S.C. § 3301 et seq.]) with respect to employment during any calendar year, is paid to an individual by an employer or the employer’s predecessor during such calendar year; or

(v) After December 31, 2007, that part of the remuneration which, after remuneration equal to $10,500 (or such greater amount as may be specified as the taxable wage base in the Federal Unemployment Tax Act [26 U.S.C. § 3301 et seq.]) with respect to employment during any calendar year, is paid to an individual by an employer or the employer’s predecessor during such calendar year; or

(vi) After December 31, 2013, that part of the remuneration which, after remuneration equal to $18,500 (or such greater amount as may be specified as the taxable wage base in the Federal Unemployment Tax Act (26 U.S.C. § 3301 et seq.)) with respect to employment during any calendar year, is paid to an individual by an employer or the employer’s predecessor during such calendar year if the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is $125.0 million or less as of the preceding September 30; or that part of the remuneration which, after remuneration equal to $16,500 (or such greater amount as may be specified as the taxable wage base in the Federal Unemployment Tax Act (26 U.S.C. § 3301 et seq.)) with respect to employment during any calendar year, is paid to an individual by an employer or the employer’s predecessor during such calendar year if the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is greater than $125.0 million, but less than $175.0 million as of the preceding September 30; or that part of the remuneration which, after remuneration equal to $14,500 (or such greater amount as may be specified as the taxable wage base in the Federal Unemployment Tax Act (26 U.S.C. § 3301 et seq.)) with respect to employment during any calendar year, is paid to an individual by an employer or the employer’s predecessor during such calendar year if the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is at least $175.0 million, but no greater than $ 225.0 million as of the preceding September 30; or that part of the remuneration which, after remuneration equal to $12,500 (or such greater amount as may be specified as the taxable wage base in the Federal Unemployment Tax Act (26 U.S.C. § 3301 et seq.)) with respect to employment during any calendar year, is paid to an individual by an employer or the employer’s predecessor during such calendar year if the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is greater than $225.0 million, but less than $275.0 million as of the preceding September 30; or that part of the remuneration which, after remuneration equal to $10,500 (or such greater amount as may be specified as the taxable wage base in the Federal Unemployment Tax Act (26 U.S.C. § 3301 et seq.)) with respect to employment during any calendar year, is paid to an individual by an employer or the employer’s predecessor during such calendar year if the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is $275.0 million or greater as of the preceding September 30; or

(vii) After December 31, 2024, to December 31, 2025, that part of the remuneration which, after remuneration equal to $12,500 (or such greater amount as may be specified as the taxable wage base in the Federal Unemployment Tax Act (26 U.S.C. § 3301 et seq.)) with respect to employment during any calendar year, is paid to an individual by an employer or the employer’s predecessor during such calendar year; or

(viii) After December 31, 2025, to December 31, 2026, that part of the remuneration which, after remuneration equal to $14,500 (or such greater amount as may be specified as the taxable wage base in the Federal Unemployment Tax Act (26 U.S.C. § 3301 et seq.)) with respect to employment during any calendar year, is paid to an individual by an employer or the employer’s predecessor during such calendar year; or

(ix) After December 31, 2026, that part of the remuneration which, after remuneration equal to $16,500 (or such greater amount as may be specified as the taxable wage base in the Federal Unemployment Tax Act (26 U.S.C. § 3301 et seq.)) with respect to employment during any calendar year, is paid to an individual by an employer or the employer’s predecessor during such calendar year.

(x) For the purpose of this paragraph, the term “employment” shall include service constituting employment under any unemployment compensation law of another state.

(xi) Notwithstanding any other provisions in this section, from July 1, 2019, to October 29, 2020, “wages” does not include that part of the remuneration which, after remuneration equal to $16,500 (or such greater amount as may be specified as the taxable wage base in the Federal Unemployment Tax Act (26 U.S.C. § 3301 et seq.)) with respect to employment during any calendar year, is paid to an individual by an employer or the employer’s predecessor during such calendar year.

(xii) Notwithstanding any other provisions in this section, from January 1, 2022, to December 31, 2022, “wages” does not include that part of the remuneration which, after remuneration equal to $14,500 (or such greater amount as may be specified as the taxable wage base in the Federal Unemployment Tax Act (26 U.S.C. § 3301 et seq.)) with respect to employment during any calendar year, is paid to an individual by an employer or the employer’s predecessor during such calendar year.

(B) The amount of any payment with respect to services performed after December 31, 1940, to or on behalf of an individual in its employ under a plan or system established by an employing unit which makes provision for individuals in its employ generally or for a class or classes of such individuals (including any amount paid by an employing unit for insurance or annuities or into a fund to provide for any such payment) on account of:

(i) Retirement; or

(ii) Sickness or accident disability; or

(iii) Medical and hospitalization expenses in connection with sickness or accident disability; or

(iv) Death, provided the individual in its employ:

(I) Has not the option to receive instead of provision for such death benefit any part of such payment or if such death benefit is insured any part of the premiums (or contributions to premiums) paid by the individual’s employing unit, and

(II) Has not the right, under the provisions of the plan or system or policy of insurance providing for such death benefit, to assign such benefit or to receive a cash consideration in lieu of such benefit either upon withdrawal from the plan or system providing for such benefit or upon termination of such plan or system or policy of insurance or of the individual’s services with such employing unit.

(C) The payment by an employing unit (without deduction from the remuneration of the individual in its employ) of the tax imposed upon an individual in its employ under § 3101 of the Federal Internal Revenue Code [26 U.S.C. § 3101] with respect to services performed after December 31, 1954.

(D) Vacation pay paid during or incident to any period of unemployment.

(E) Any attendance bonus paid during or incident to any period of unemployment.

(F) Payments to an employee under Chapter 19 of this title by an employer who has failed to provide the advance notice of a mass layoff, plant closing or relocation that is required by Chapter 19 of this title or the federal Worker Adjustment and Retraining Notification Act (29 U.S.C. § 2101 et seq.) shall not be construed as wages. Unemployment insurance benefits under this title may not be denied or reduced because of the receipt of payments related to an employer’s violation of Chapter 19 of this title or the federal Worker Adjustment and Retraining Notification Act (29 U.S.C. § 2101 et seq.).

(29) “Week” means calendar week, ending at midnight Saturday, but all work performed and wages earned during a working shift which starts before midnight Saturday shall be included in the week in which such shift begins. For purposes of partial claims and mass layoff claims, the Department may authorize the employer’s payroll week.

(30) “Work” means service, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, express or implied.
19 Del. C. § 3364 — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3364
§ Â
        3364. Compromise of claims.
Status: in_force

The Director of Unemployment Insurance may authorize the compromise of a claim for assessments, interest, and penalties due when the Department has determined that:

(1) The employer is unable to make payment in full of assessments, interest, and penalties imposed under this chapter; or

(2) That it would be inequitable to require the payment in full of assessments, interest, and penalties by the employer; and

(3) That the employer has acted in good faith.

The Department may prescribe the appropriate accounting methods by which the uncollected portion of the employer debt shall be written off its accounts instead of being carried indefinitely as an uncollected delinquent debt.
19 Del. C. § 3301 — Delaware Code / Title 19 / Chapter 33 / Subchapter I / Section 3301
§ Â
        3301. Declaration of public policy.
Status: in_force

As a guide to the interpretation and application of this chapter, the public policy of this State is declared to be as follows: economic insecurity due to unemployment is a serious menace to the health, morals and welfare of the people of this State. Involuntary unemployment is therefore a subject of general interest and concern which requires appropriate action by the General Assembly to prevent its spread and to lighten its burden which now so often falls with crushing force upon the unemployed worker and the worker’s family. The achievement of social security requires protection against this greatest hazard of our economic life. This can be accomplished by encouraging employers to provide more stable employment and by the systematic accumulation of funds during periods of employment from which benefits may be paid for periods of unemployment, thus maintaining purchasing power and limiting the serious social consequences of poor relief assistance. The General Assembly therefore declares that in its considered judgment the public good and the general welfare of the citizens of this State require the enactment of this measure, under the police power of the State, for the compulsory setting aside of an unemployment reserve to be used for the benefit of persons unemployed through no fault of their own.
19 Del. C. § 721 — Delaware Code / Title 19 / Chapter 7 / Subchapter III / Section 721
§ Â
        721. Statement of purpose and interpretation.
Status: in_force

(a) This subchapter is intended to encourage and enable qualified persons with disabilities to engage in remunerative employment which is sought by them in good faith. The General Assembly finds that the practice of employment discrimination based on disability is contrary to the public interest and the principles of freedom and equality of opportunity. Such discrimination also deprives many persons with a disabilities of earnings necessary to maintain or contribute to a decent standard of living and necessitates their resort to public support.

(b) This subchapter shall be liberally construed to promote the full employment opportunity of qualified persons with a disabilities who seek such opportunity in good faith. Furthermore, in defining the scope or extent of any duty imposed by this subchapter, including the duty of reasonable accommodation, higher or more comprehensive obligations established by otherwise applicable federal, state or local enactments may be considered. Nothing in this subchapter, however, shall be construed to impose liability upon any employer for selecting, hiring or promoting in good faith an applicant without disability or employee who is better qualified than another applicant or employee who is a qualified person with a disability.
19 Del. C. § 3384 — Delaware Code / Title 19 / Chapter 33 / Subchapter V / Section 3384
§ Â
        3384. Receipt of benefits by misrepresentation.
Status: in_force

Whoever, by reason of the nondisclosure or misrepresentation by that person or by another of a material fact (irrespective of whether such nondisclosure or misrepresentation was known or fraudulent), has received any sum as benefits under this chapter while any conditions for the receipt of benefits imposed by this chapter were not fulfilled in that person’s case or while that person was disqualified from receiving benefits shall, in the discretion of the Department, either be liable to have such sum deducted from any future benefits payable to that person under this chapter or shall be liable to repay to the Department for the Unemployment Compensation Fund a sum equal to the amount so received by that person, and such sum shall be collectible in the manner provided in § 3358 of this title for the collection of past-due assessments, or shall be liable to have such sum collected by the Department as provided in § 545 of Title 30, § 6402 of the Federal Internal Revenue Code (26 U.S.C. § 6402), and § 303(m) of the Social Security Act (42 U.S.C. § 503(m)).
19 Del. C. § 710 — Delaware Code / Title 19 / Chapter 7 / Subchapter II / Section 710
§ Â
        710. Definitions.
Status: in_force

For the purposes of this subchapter:

(1) “Age” means the age of 40 or more years of age.

(2) “Charging party” means any individual or the Department who initiates proceedings by the filing of a verified charge of discrimination, and who preserves a cause of action in Superior Court by exhausting the administrative remedies pursuant to the provisions of § 714 of this title.

(3) “Conciliation” means a process which requires the appearance of the parties after a full investigation resulting in a final determination of reasonable cause.

(4) “Delaware Right to Sue Notice” means a final acknowledgement of the charging party’s exhaustion of the administrative remedies provided herein and written notification to the charging party of a corresponding right to commence a lawsuit in Superior Court.

(5) “Domestic violence” means any act that would constitute a violation of § 1041 of Title 10, and for which an employer may request verification by an official document, such as a court order or family medical leave record, from a domestic violence service provider, medical provider, mental health provider, or law enforcement.

(6) “Employee” means an individual employed by an employer, but does not include:

a. Any individual employed in agriculture or in the domestic service of any person,

b. Any individual who, as a part of that individual’s employment, resides in the personal residence of the employer,

c. Any individual employed by said individual’s parents, spouse or child, or

d. Any individual elected to public office in the State or political subdivision by the qualified voters thereof, or any person chosen by such officer to be on such officer’s personal staff, or an appointee on the policy making level or an immediate advisor with respect to the exercise of the constitutional or legal powers of the office. The exemption set forth in the preceding sentence shall not include employees subject to the merit service rules or civil service rules of the state government or political subdivision.

(7) “Employer” means any person employing 4 or more employees within the State at the time of the alleged violation, including the State or any political subdivision or board, department, commission or school district thereof. The term “employer” with respect to discriminatory practices based upon sexual orientation or gender identity does not include religious corporations, associations or societies whether supported, in whole or in part, by government appropriations, except where the duties of the employment or employment opportunity pertain solely to activities of the organization that generate unrelated business taxable income subject to taxation under § 511(a) of the Internal Revenue Code of 1986 [26 U.S.C. § 511(a)].

(8) “Employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person.

(9) “Family responsibilities” means the obligations of an employee to care for any family member who would qualify as a covered family member under the Family and Medical Leave Act [29 U.S.C. § 2601 et seq.].

(10) “Gender identity” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.

(11) “Genetic information” means the results of a genetic test as defined in § 2317(a)(3) of Title 18.

(12) “Housing status” means as defined in § 204 of Title 19.

(13) “Job related and consistent with business necessity” means the condition in question renders the individual unable to perform the essential functions of the position that such individual holds or desires. This includes situations in which the individual poses a direct threat to the health or safety of the individual or others in the workplace.

(14) “Labor organization” includes any organization of any kind, any agency or employee representation committee, group, association or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment, any conference, general committee, joint or system board or joint council so engaged which is subordinate to a national or international labor organization.

(15) “Mediation” means an expedited process for settling employment disputes with the assistance of an impartial third party prior to a full investigation.

(16) “Military status” means status as any of the following:

a. A member of the uniformed forces, as defined in 10 U.S.C. § 101, or a reserve component thereof listed under 10 U.S.C. § 10101.

b. A “veteran” as defined in 38 U.S.C. § 101.

c. A “dependent” of a servicemember as defined in 50 U.S.C. § 3911.

(17) “No cause determination” means that the Department has completed its investigation and found that there is no reasonable cause to believe that an unlawful employment practice has occurred or is occurring. A no cause determination is a final determination ending the administrative process and provides the charging party with a corresponding Delaware Right to Sue Notice.

(18) “Person” includes 1 or more individuals, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy or receivers.

(19) “Pregnancy” means pregnancy, childbirth, or a related condition, including, but not limited to, lactation.

(20) “Protective hairstyle” includes braids, locks, and twists.

(21) “Public employer” means the State of Delaware, its agencies, or political subdivisions.

(22) “Race” includes traits historically associated with race, including hair texture and a protective hairstyle.

(23) “Reasonable accommodation” has the meaning given this term in § 722 of this title, except that all references to disability shall instead be references to known limitations of a person related to pregnancy, childbirth, or a related condition. Accommodations available under this subchapter may include, but are not limited to, acquisition of equipment for sitting, more frequent or longer breaks, periodic rest, assistance with manual labor, job restructuring, light duty assignments, modified work schedules, temporary transfers to less strenuous or hazardous work, time off to recover from childbirth, or break time and appropriate facilities for expressing breast milk.

(24) “Reasonable cause determination” means that the Department has completed its investigation and found reasonable cause to believe that an unlawful employment practice has occurred or is occurring. A reasonable cause determination requires the parties’ good faith efforts in conciliation.

(25) “Religion” includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that the employer is unable to reasonably accommodate an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business.

(26) “Reproductive health decision” means any decision related to the use or intended use of a particular drug, device, or medical service, including the use or intended use of contraception or fertility control or the planned or intended initiation or termination of a pregnancy.

(27) “Respondent” means any person named in the Charge of Discrimination, including but not limited to employers, employment agencies, labor organizations, joint labor-management committees, controlling apprenticeship or other training programs including on-the-job training programs.

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

(29) “Sexual offense” means any act that would constitute a violation of § 761 of Title 11, and for which an employer may request verification by an official document, such as a court order or family medical leave record, from a sexual violence service provider, medical provider, mental health provider, or law enforcement.

(30) “Sexual orientation” includes heterosexuality, homosexuality, bisexuality, asexuality, or pansexuality.

(31) “Stalking” means any act that would constitute a violation of § 1312 of Title 11, and for which an employer may request verification by an official document, such as a court order or family medical leave record, from a crime victim service provider, medical provider, mental health provider, or law enforcement.

(32) “Undue hardship” means an action requiring significant difficulty or expense when considered in light of factors such as: the nature and cost of the accommodation; the overall financial resources of the employer; the overall size of the business of the employer with respect to the number of employees, and the number, type and location of its facilities; and the effect on expenses and resources or the impact otherwise of such accommodation upon the operation of the employer.
19 Del. C. § 3515 — Delaware Code / Title 19 / Chapter 35 / Section 3515
§ Â
        3515. Short title.
Status: in_force

This chapter shall be known as the “Workplace Fraud Act.”
19 Del. C. § 1111 — Delaware Code / Title 19 / Chapter 11 / Section 1111
§ Â
        1111. Powers of the Department.
Status: in_force

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

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

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

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

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

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

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

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

(d) Nothing contained in this chapter shall be deemed a limitation on any power or authority of the Department under any other law of this State which may be otherwise applicable to administer or enforce this chapter.
19 Del. C. § 1115 — Delaware Code / Title 19 / Chapter 11 / Section 1115
§ Â
        1115. Short title.
Status: in_force

This chapter shall be known as the “Wage Payment and Collection Act of the State.”
19 Del. C. § 3369 — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3369
§ Â
        3369. Professional and occupational licenses; denial or suspension.
Status: in_force

(a) Definitions. —

As used in this section:

(1) “Debt” means any amount owed for overpayment of benefits, including any interest and penalties, and for unemployment compensation tax assessments, including any interest and penalties, payable under this title that exceeds, in aggregate, $1,000 and that has been reduced to a judgment under § 3325 or § 3361 of this title.

(2) “Debtor” means a person liable for a debt.

(3) “Director of the Division of Professional Regulation” means the Director of the Division of Professional Regulation of the Department of State, or the designee of the Director of the Division of Professional Regulation.

(4) “Director of Unemployment Insurance” means the Director of the Division of Unemployment Insurance of the Department of Labor, or the designee of the Director of Unemployment Insurance.

(5) “License” means a license, permit, certificate, approval, registration, or other similar form of permission or authorization to practice or engage in any profession, occupation, calling, or business issued or renewed by any commission, board, or agency under the authority of the Division of Professional Regulation of the Department of State under § 8735 of Title 29.

(b) Cooperative agreements for tax assessment enforcement and for the collection of overpayments of benefits. —

(1) a. To provide for enforcement of the unemployment compensation laws of this State by means of the denial or suspension of licenses issued to or applied for by debtors, the Director of the Division of Professional Regulation shall enter into a cooperative agreement with the Director of Unemployment Insurance to exchange information about any debtor who owes a debt to this State and who applies for or holds a license issued or renewed by any commission, board, or agency under the authority of the Division of Professional Regulation.

b. The specific information and the manner and frequency with which information is made available or otherwise exchanged between the Division of Unemployment Insurance and the Division of Professional Regulation is to be determined by cooperative agreement, but must be made available or otherwise provided no less than 1 time each calendar year.

c. Each cooperative agreement must contain provisions for ensuring the confidentiality of the information to be exchanged under state and federal laws governing confidentiality of unemployment compensation information.

d. Each cooperative agreement must be revised as necessary to effectuate the provisions and purposes of this section.

(2) From the information provided by the Division of Professional Regulation under paragraph (b)(1) of this section, the Division of Unemployment Insurance, at such intervals as it determines, may identify applicants or licensees who are debtors, and undertake enforcement action under this section.

(c) Notice of intent to deny or suspend license. —

Subject to the provisions for notice and the right to a hearing under subsections (d) and (e) of this section, the Director of Unemployment Insurance shall give written notice to a debtor that a license issued or renewed by any commission, board, or agency under the authority of the Division of Professional Regulation may be denied, suspended, or will not be issued or renewed.

(d) Contents of notice. —

The notice provided under this subsection must be sent by registered or certified mail to the debtor’s last address known to the Division of Unemployment Insurance and must inform the debtor of all of the following:

(1) The nature and amount of the debt.

(2) That the debt has been reduced to judgment under § 3325 or § 3361 of this title.

(3) That a copy of the judgment was provided to the debtor on or before the date of the notice.

(4) That under this section and § 8735 of Title 29, this information will be sent to the Division of Professional Regulation for the purposes of suspending or denying the issue or renewal of the debtor’s license unless, within 60 days of the notice, the debtor has done any of the following:

a. Paid the debt in full.

b. Entered into a written agreement with the Director of Unemployment Insurance for payment of the debt with such terms as the Director of Unemployment Insurance may require.

c. Requested a hearing under subsection (e) of this section.

(e) Request for hearing on proposed suspension or denial of license. —

If a debtor mails or delivers a written request for hearing to the Director of Unemployment Insurance within 20 days from the date of mailing the notice of intent to deny or suspend a license, an appeals tribunal under § 3319 of this title shall conduct a hearing for the limited purpose of determining if the debt exceeds $1,000 and if the debt was reduced to judgment under § 3325 or § 3361 of this title.

(1) The appeals tribunal shall give written notice of the hearing to the debtor.

(2) The debtor may present evidence, be represented by counsel of debtor’s choice and at debtor’s expense, and appear personally or by other representative.

(3) The appeals tribunal cannot receive evidence at the hearing regarding the appropriateness or validity of the final assessment of the unemployment compensation tax, including any interest and penalty, or the overpayment of benefits, including any interest and penalty, that has been reduced to judgment under § 3325 or § 3361 of this title.

(4) The appeals tribunal must reach a decision based on the evidence received at the appeals tribunal hearing and issue a decision to the debtor after the hearing. The appeals tribunal decision is final and not subject to further appeal.

(f) Denial or suspension of professional or occupation license. —

(1) On certification by the Director of Unemployment Insurance to the Director of the Division of Professional Regulation of compliance with this section, the Director of the Division of Professional Regulation shall immediately suspend all licenses issued to the debtor by any commission, board, or agency; deny any applications to issue or renew any such license or licenses by the debtor; and give written notice of the suspension or denial to the debtor.

(2) The debtor remains ineligible for the issuance, renewal, or reinstatement of any license until the Director of Unemployment Insurance provides written certification to the Director of the Division of Professional Regulation that the grounds for denial or suspension of a license under this section no longer exist.

(3) The Director of Unemployment Insurance shall provide the written certification under paragraph (f)(2) of this section to the Director of the Division of Professional Regulation within 30 days from the time that the grounds for denial or suspension of a license under this section no longer exist.

(4) The Director Unemployment Insurance shall provide notice to the debtor when the written certification under paragraph (f)(2) of this section is provided to the Director of the Division of Professional Regulation.

(g) Regulations. —

The Director of Unemployment Insurance may promulgate regulations necessary to implement the provisions of this section.

(h) Remedies not exclusive. —

The remedies provided under this section are in addition to any other remedies for the enforcement of tax assessment obligations and the collection of overpayments of benefits.
19 Del. C. § 909 — Delaware Code / Title 19 / Chapter 9 / Section 909
§ Â
        909. Judicial review.
Status: in_force

(a) Any interested person in any occupation for which any regulation has been published under this chapter, who has been or may be aggrieved thereby, may obtain a review thereof in the Superior Court by filing in such Court, within 20 days after notice that such regulation will affect the interested person’s business operations or employment conditions or compensation, a petition against the Department as defendant praying that the regulation be modified or revoked. Two copies of the petition shall be served upon the Department by registered mail. Facts determined by the Department, if supported by evidence, shall be conclusive upon the Court. The Court shall determine whether the person has been or may be aggrieved and whether the regulation is in accordance with law. If the Court determines that the person has been or may be aggrieved and that the regulation is not in accordance with law, it shall remand the case to the Department with directions to modify or revoke the regulation.

(b) Proceedings in the Superior Court upon review taken under this section shall be privileged and take precedence over all matters, except matters of the same character. The jurisdiction of the Court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review by the Supreme Court at the instance of either party.

(c) The commencement of proceedings under this section shall not, unless specifically ordered by the Superior Court, operate as a stay of any regulation published under this chapter. The Court shall not grant any stay of any regulation unless the person aggrieved shall file in the Court an undertaking with a surety or sureties satisfactory to the Court for the payment to the employees affected by the regulation, in the event it is affirmed, of the amount by which the compensation the employees are entitled to receive under the regulation exceeds the compensation they actually receive while the stay is in effect.
19 Del. C. § 1907 — Delaware Code / Title 19 / Chapter 19 / Section 1907
§ Â
        1907. Determinations with respect to employment loss.
Status: in_force

An employer must also give notice if the number of employment losses which occur during a 30-day period fails to meet the threshold requirement of a mass layoff or plant closing, but the number of employment losses of 2 or more groups of workers, each of which is less than the minimum number needed to trigger notice, reaches the threshold level during any 90-day period of a mass layoff, plant closing or relocation. Job losses within any 90-day period will count toward WARN Act threshold levels unless the employer demonstrates that the employment losses during the 90-day period are the result of separate and distinct actions and causes.
19 Del. C. § 2345 — Delaware Code / Title 19 / Chapter 23 / Subchapter III / Section 2345
§ Â
        2345. Hearing upon disagreement on amount of compensation or benefits.
Status: in_force

If the employer and employee, or the employee’s dependents in the case of the employee’s death, fail to reach agreement in regard to compensation under this chapter, or if after they reach such an agreement the Board shall refuse to approve the same, either party may notify the Department of the facts and the Department shall thereupon notice the time and place of hearing which shall be served on all parties in interest personally, by secure email with an electronic receipt or by certified mail. The Board or a hearing officer with consent of the parties shall hear and determine the matter in accordance with the facts and the law and state its conclusions of fact and rulings of law.
19 Del. C. § 3726 — Delaware Code / Title 19 / Chapter 37 / Section 3726
§ Â
        3726. Assignment of compensation prohibited; exemption from creditorsâ claims.
Status: in_force

Except for attachments pursuant to child support obligations in accordance with § 3704 of this title, any assignment, pledge, or encumbrance of any rights to benefits which are or may become due or payable under this chapter are void. Any attempted assignment, pledge, or encumbrance of any rights to benefits which are or may become due or payable under this chapter is exempt from all claims of creditors.
19 Del. C. § 3315 — Delaware Code / Title 19 / Chapter 33 / Subchapter II / Section 3315
§ Â
        3315. Eligibility for benefits.
Status: repealed

An unemployed individual shall be eligible to receive benefits with respect to any week only if the Department finds that the individual:

(1) Has registered for work at and thereafter continued to report at an employment office in accordance with such regulations as the Department prescribes, except that the Department may, by regulation, waive or alter either or both of the requirements of this paragraph as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which it finds that compliance with such requirements would be oppressive or would be inconsistent with the purposes of this chapter, but no such regulation shall conflict with § 3312 of this title;

(2) Has made a claim for benefits with respect to such week in accordance with such regulations as the Department prescribes;

(3) Is able to work and is available for work and is actively seeking work; provided, however, that an employee, not otherwise disqualified or ineligible for benefits under the chapter, who is temporarily laid off for a period of not more than 45 calendar days following the last day the employee worked, except that the period for those employees of employers who close down for annual model changes or retooling shall be 63 calendar days, shall, during said period, be deemed to be available for work, except that said employee shall be available to return to work upon 3 days’ notice of the employee’s employer, and actively seeking work if the employee’s employer notified the Department in writing or the Department otherwise determines that such layoff is temporary and that work is reasonably expected to be available for said employee within said period or within a lesser period estimated by the employer, and the Department may, by regulation, waive or alter the requirements that such individual be able to work, available for work and actively seeking work as to such types of cases or situations with respect to which it finds that compliance with such requirements would be oppressive or would be inconsistent with the purpose of this chapter. Provided further than an individual who has been involuntarily retired shall be entitled to receive benefits, and the individual shall be required to be available only for the kind or type of work which is suitable for the individual in view of individual’s age, physical condition and other circumstances; but no claimant shall be considered ineligible in any week of unemployment for failure to comply with this paragraph (3) if such failure is due to an illness or disability which occurs after the claimant has registered for work and no work which would have been considered suitable at the time of the claimant’s initial registration has been offered after the beginning of such illness or disability. The Department shall require the submission of a doctor’s certificate to establish the existence of such illness or disability, and, thereafter, the Department shall require a doctor’s certificate not less than once every 4 weeks to establish any continuation of such illness or disability. Provided that no unemployed individual shall become ineligible for benefits solely because the individual regularly attends a vocational training course which the Department has approved and which it continues from time to time to approve for the individual. The Department may approve such course for an individual only if:

a. Reasonable employment opportunities for which the individual is fitted by training and experience do not exist in the locality or are severely curtailed;

b. The training course relates to an occupation or skill for which there are expected to be in the immediate future reasonable employment opportunities in the locality;

c. The training course is determined by the Department to be reasonably calculated to meet the purposes of this paragraph (3); and

d. The individual, in the judgment of the Department, has the required qualifications and aptitudes to complete the course successfully.

No individual shall be determined ineligible for the receipt of unemployment insurance benefits for any week in which they are available for and seek only part-time work, if the majority of weeks of work in their base period were in part-time employment. For purposes of this paragraph, “seeking only part-time work” is work meeting any 1 of the following conditions: (i) the individual is willing to work at least 20 hours per week; (ii) the individual is available for a number of hours per week that are comparable to the individual’s part-time work in the base period; or (iii) the individual is available for hours that are comparable to the individual’s work at the time of the most recent separation from employment.

(4) Participates in reemployment services, such as job search assistance services, if the individual has been determined to be likely to exhaust regular benefits and need reemployment services pursuant to a profiling system established by the Department, unless the Department determines that:

a. The individual has completed such services; or

b. There is justifiable cause for the claimant’s failure to participate in such services.

(5) No week shall be counted as a week of unemployment for the purposes of this paragraph:

a. Unless it occurs within the benefit year which includes the week with respect to which the individual claims payment of benefits;

b. [Repealed.]

c. Unless the individual was eligible for benefits with respect thereto as provided in this section and § 3314 of this title, except for the requirements of paragraph (5) of this section and § 3314(5) of this title;

(6) a. Has, during the individual’s base period, been paid wages for employment equal to not less than 36 times the individual’s weekly benefit amount, and, as used in this paragraph (6), “wages” means wages for employment by employers for benefit purposes with respect to any benefit year only if such benefit year begins subsequent to the date on which the employing unit by which such wages were paid has satisfied the conditions of § 3302(12) or § 3343 of this title with respect to becoming an employer.

Any other provision of this paragraph notwithstanding, any otherwise eligible individual, the total amount of those wages paid to the individual during the individual’s base period is less than the amount required to have been received under this paragraph, may be eligible to receive benefits if the difference between 36 times the individual’s weekly benefit amount and the total amount of the individual’s wages during the individual’s base period does not exceed $180, but the amount of the individual’s weekly benefit shall be reduced by $1.00 for each $36 or major fraction thereof by which the total amount of the individual’s base period wages is less than 36 times the individual’s weekly benefit amount. In no event shall any such individual be eligible for benefits if the total amount of wages paid to the individual during the individual’s base period was less than $360; however, for claims filed for weeks of unemployment beginning July 1, 1975, no such individual shall be eligible for benefits if the total amount of wages paid the individual during the individual’s base period was less than $720.

b. Wages paid to an individual prior to the date on which the individual filed a valid claim for benefits, but not paid until after the base period for such claim, may be considered as wages in a subsequent base period, relating to a new benefit year, only if subsequent to the date on which the individual filed such earlier valid claim such individual had become newly employed and had been paid wages in such new employment equal to not less than 10 times the individual’s new weekly benefit amount. This paragraph shall apply to any new claim filed after August 9, 1961.

(7) Benefits based on service in employment defined in § 3302(14)(B)(iii) and (C) of this title shall be payable in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other service subject to this title, except that:

a. With respect to weeks of unemployment beginning after December 31, 1977, benefits shall not be paid based on services in an instructional, research or principal administrative capacity for an educational institution for any week of unemployment commencing during the period between successive academic years or terms (or, when an agreement provides instead for a similar period between 2 regular but not successive terms, during such period) to any individual if such individual performs such services in the first of such academic years (or terms) and if there is a contract or a reasonable assurance that such individual will perform service in any such capacity for any educational institution in the second of such academic years or terms.

b. With respect to weeks of unemployment beginning or ending after September 3, 1982, benefits shall not be paid on the basis of services in any other capacity for an educational institution to any individual for any week which commences during a period between 2 successive academic years or terms if such individual performs such services in the first of such academic years or terms and there is a reasonable assurance that such individual will perform such services in the second of such academic years or terms, except that if compensation is denied to any individual under this paragraph and such individual was not offered an opportunity to perform such services for the educational institution for the second of such academic years or terms, such individual shall be entitled to a retroactive payment of compensation for each week of unemployment beginning after September 3, 1982, for which the individual filed a timely claim for compensation and for which compensation was denied solely by reason of this paragraph.

c. With respect to any services described in paragraphs (7)a. and b. of this section, compensation payable on the basis of such services shall be denied to any individual for any week which commences during an established and customary vacation period or holiday recess if such individual performs such services in the period immediately before such vacation period or holiday recess and there is a reasonable assurance that such individual will perform such services in the period immediately following such vacation period or holiday recess.

d. With respect to any services described in paragraphs (7)a. and b. of this section, compensation shall be denied as specified in paragraphs (7)a., b. and c. of this section to any individual who performed such services in an educational institution while in the employ of an educational service agency. For purposes of this paragraph the term “educational service agency” means a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing such services to 1 or more educational institutions.

e. If the provisions of the Federal Unemployment Tax Act [26 U.S.C. § 3301 et seq.] permit, paragraphs (7)a., b., c. and d. of this section shall apply to the minimum extent consistent with the Federal Unemployment Tax Act, and such application shall be prescribed in regulations by the Secretary of Labor.
19 Del. C. § 503 — Delaware Code / Title 19 / Chapter 5 / Section 503
§ Â
        503. Powers and duties of Secretary.
Status: in_force

(a) The Secretary or the Secretary’s authorized representative shall enforce the provisions of this chapter.

(b) The Secretary or the Secretary’s authorized representative may enter and inspect, during reasonable business hours, any place of employment and may examine the employment records of any employee and question any employee for the purpose of enforcing the provisions of this chapter.

(c) The Secretary or the Secretary’s designee may hold public hearings to determine if additional occupations exist in which employment of minors should be prohibited.

(d) In the event of an emergency or major disaster, the Secretary is authorized, with the consent of the Governor, to suspend temporarily the enforcement of any or all of the provisions of this chapter for the duration of the emergency or major disaster.
19 Del. C. § 2379 — Delaware Code / Title 19 / Chapter 23 / Subchapter IV / Section 2379
§ Â
        2379. Workplace safety program.
Status: in_force

(a) Purpose. — (1) The safety of Delaware workers is of paramount importance to the General Assembly. This program has been developed by the Delaware Department of Insurance to ensure that safety is a priority for everyone in the workplace and to ensure that those who comply with this section are rewarded with a reduction in insurance premiums. To that end, the Industrial Accident Board will review this program annually to determine its effectiveness and to make recommendations which will improve safety in the workplace.

(2) The program is intended to enhance the health and safety of workers in the State of Delaware.

(3) The program is intended to provide lower insurance premiums for employers who currently qualify for the uniform experience rating plan as approvedby the Insurance Commissioner or who otherwise qualify for the program pursuant to parameters set by the Insurance Commissioner by regulation.

(4) The program establishes both testing and inspection procedures to determine an employer’s qualification for a premium credit.

(b) Administration and scope. — (1) This section shall be administered by the Insurance Commissioner, who shall adopt such regulations, in accordance with existing law, to implement and administer this section.

(2) All employers who comply with the criteria set forth in this section shall be eligible for participation in the workplace safety program.

(3) Only Delaware work sites will be eligible for this program and safety credit applies to only Delaware premiums in multistate policies.

(c) Eligibility. —

An employer is eligible for the safety program if it qualifies for the uniform experience rating plan as approved by the Insurance Commissioner or if it otherwise qualifies for the program pursuant to parameters set by the Insurance Commissioner by regulation. The Delaware Compensation Rating Bureau, or another qualified entity designated by the Department of Insurance, shall test each employer to determine eligibility.

(d) Notice of employer eligibility. —

Employers meeting the eligibility requirement will be notified by the Delaware Department of Insurance 7 months in advance of their policy renewal date. This notification shall include instructions for qualifying for a safe workplace credit.

(e) Eligibility period. — The Department of Insurance shall notify the employer of eligibility, and inform the employer that the employer must elect at least 5 months in advance of the date of policy renewal to participate in the safety program. Failure to notify the Department of Insurance within this time period of an intent to renew participation may preclude the employer’s participation in the program for the next year. Election to participate shall commence by contacting the Delaware Department of Insurance.

(f) Inspections and cost. — (1) All inspections shall be made by a representative from an independent safety expert company under contract to the Department of Insurance. The Department of Insurance shall notify the inspector of the employer’s request. The inspector, in turn, will then contact the employer to set up the first of 2 inspections. A second unannounced inspection shall be made no later than the expiration date of the policy to which any workplace safety credit based on the inspection will apply to confirm the initial certifications of safety in the workplace. The Department of Insurance shall notify the Delaware Compensation Rating Bureau (or such other organization designated by the Insurance Commissioner) when an employer successfully completes each scheduled and/or nonscheduled inspection. Failure to pass a scheduled inspection shall result in a denial of an employer’s eligibility to participate in the workplace safety program. However, an employer, after failing an inspection can request another inspection, after successful completion of which will make the employer eligible for participation in the workplace safety program.

(2) Any application for the workplace safety credit shall include a statement by the applicant as to any workplace injuries that have occurred in the 3 years prior to the application and the outcome of those injuries, including the specific nature of the injuries, any findings or fines relating to workplace safety resulting from the injuries, and any safety measures taken by the employer as a result of the injuries. This information shall be explicitly considered in determining whether an employer should receive the workplace safety credit.

(3) Notwithstanding paragraph (f)(1) of this section, the Department of Insurance shall permit insurance carriers issuing workers compensation insurance in Delaware to submit their own workplace safety inspection procedures for review by the Department of Insurance. If the Department of Insurance certifies that an insurer’s workplace safety inspection procedures are at least as rigorous as those employed by the Department of Insurance and its independent safety expert, the Department of Insurance shall permit that insurer’s inspection to satisfy the inspection requirements of paragraph (f)(1) of this section. The Department of Insurance may require insurers to have their safety inspection procedures recertified on a bi-annual basis to maintain status as an acceptable substitute for the inspection described in paragraph (f)(1) of this section.

(4) Beginning on September 1, 2013, each workplace safety inspection conducted pursuant to paragraph (f)(1) or (3) shall include a determination as to whether the employer has complied with its obligations under § 2322E(d) of this title to provide a list of possible modified-duty jobs assignments for injured workers. Failure to comply with the requirements of § 2322E(d) of this title shall disqualify an employer from receiving the workplace safety credit. The period of review shall extend back to July 1, 2013, and beginning on July 1, 2016, shall be limited to a period of 3 years prior to the date of application for the workplace safety credit.

(5) The cost of each inspection will be borne by the employer. The minimum charge for safety inspection is $150 per location. This amount can be adjusted by the Insurance Commissioner by regulation. Each work location must successfully pass both inspections before an employer is entitled to a premium credit under the program. Inspection fees for large and/or complex employers may be established by the Department of Insurance.

(g) Renewals and eligibility. —

To remain in the program, a participating employer must apply for the workplace safety program each year. For each year after the initial qualification, the inspection requirement shall consist of 1 unannounced inspection. The Department of Insurance shall maintain a list of inspection charges which shall be sent to interested parties upon request.

(h) Premium size ranges and corresponding credits. —

Safety credits will be granted according to the following formula:

20% x 1.0000 - C

where “C” is the credibility of the qualified employer based on the uniform experience rating plan for the policy period expiring immediately prior to the application of the safety credit. If the qualified employer was not experience-rated in the policy period expiring immediately prior to the application of the safety credit, “C” will be set atsuch amount as determined by the Insurance Commissioner by regulation. Safety credit packages will be rounded to the nearest whole percent.

(i) Effect upon mutual rates and schedule rating credits. — (1) Workers’ compensation mutual rates shall be adjusted because of implementation of this program. A Delaware Workplace Safety Program Factor shall be included in loss costs and residual market rates. This factor may offset credits given to qualified employers, so that the workplace safety program will neither increase nor decrease premiums for eligible employers in the aggregate.

(2) Schedule rating plan credits given to policyholders for “competitive” reasons cannot be withdrawn. Schedule credits given for safety reasons may be reduced to offset the workplace safety program premium credit.

(3) A merit rating plan shall be implemented by the Department of Insurance for employers who do not qualify for the workplace safety program, which will provide incentives for employers to maintain safe workplaces.
19 Del. C. § 1114 — Delaware Code / Title 19 / Chapter 11 / Section 1114
§ Â
        1114. Regulations.
Status: in_force

The Department shall have the power to make and revise or rescind such regulations as it may deem necessary or appropriate to administer or enforce this chapter and such regulations shall, except as may be otherwise provided by the Department, take effect upon publication.
19 Del. C. § 2315 — Delaware Code / Title 19 / Chapter 23 / Subchapter I / Section 2315
§ Â
        2315. Compensation to illegally employed minors.
Status: in_force

The right to receive compensation under this chapter shall not be affected by the fact that a minor is employed or is permitted to be employed in violation of the laws of the State relating to employment of minors or that the minor obtained employment by misrepresenting the minor’s own age.
19 Del. C. § 3127 — Delaware Code / Title 19 / Chapter 31 / Subchapter II / Section 3127
§ Â
        3127. Refusal to obey subpoena; penalty.
Status: in_force

(a) In case of contumacy by, or refusal to obey a subpoena issued to, any person, any court of this State within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which the person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Department, a chairperson of an appeal tribunal or any duly authorized representative of either, shall have jurisdiction to issue to such person an order requiring such person to appear before the Department, an appeal tribunal or any duly authorized representative of either, there to produce evidence if so ordered or there to give testimony touching the matter under investigation or in question. Any failure to obey such order of the court may be punished by the court as a contempt thereof.

(b) Whoever without just cause fails or refuses to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda and other records if it is in the person’s power so to do in obedience to a subpoena of the Department, a chairperson of an appeal tribunal or any duly authorized representative of either shall be fined not less than $23 nor more than $230 or imprisoned not more than 60 days or both. Each day such violation continues shall be deemed to be a separate offense.
19 Del. C. § 2378 — Delaware Code / Title 19 / Chapter 23 / Subchapter IV / Section 2378
§ Â
        2378. Standard provisions of compensation insurance policies.
Status: in_force

(a) All policies insuring the payment of compensation under this chapter shall contain a clause to the effect that as between the employee and the insured the notice to or knowledge of the occurrence of the injury or death on the part of the insured shall be deemed notice or knowledge, as the case may be, on the part of the insurer, that jurisdiction of the insured for the purposes of this chapter shall be jurisdiction of the insurer and that the insurer shall in all things be bound by and subject to the awards, judgments or decisions rendered against such insured.

(b) No policy of insurance against liability arising under this chapter shall be issued unless it contains the agreement of the insurer that it will promptly pay to the person entitled to them all benefits conferred by this chapter and all installments of the compensation that may be awarded or agreed upon and that the obligation shall not be affected by any default of the insured after the injury or by any default in the giving of any notice required by such policy or otherwise. Such agreement shall be construed to be a direct promise by the insurer to the person entitled to compensation enforceable in the person’s name.

(c) All policies insuring the payment of compensation under this chapter shall contain a clause to the effect that when an insurer intends not to renew a policy, notice of such nonrenewal shall be given to the named insured, in writing, not less than 60 days prior to the end of the policy period. For the purposes of this subsection, “renew” means the issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer, or the issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term. Mailing of notice of intention not to renew to the named insured at the insured’s address last of record with the insurer shall be by certified mail.
19 Del. C. § 1102A — Delaware Code / Title 19 / Chapter 11 / Section 1102A
§ Â
        1102A. Wage theft.
Status: in_force

(a) An employer may not do any of the following:

(1) Employ an individual without reporting the individual’s employment to all appropriate government agencies and paying all applicable taxes and fees for the individual.

(2) Fail to properly withhold state and federal taxes from an employee.

(3) Fail to forward money withheld from an employee’s wages to the appropriate state or federal agency within 7 days of the applicable pay period.

(4) Pay an employee wages that are less than the minimum wage established under state and federal law for the work performed.

(5) Misclassify a worker as an independent contractor for purposes of avoiding wage, tax, or workers’ compensation obligations under this title.

(6) Knowingly conspire to assist, advise, or facilitate a violation of this section.

(b) Following an investigation in which the Department makes an initial determination that an employer has violated 1 or more provisions of subsection (a) of this section, the Department may make a decision to impose a civil penalty.

(c) The Department shall notify the employer, in writing, of a decision to impose a civil penalty under subsection (b) of this section which must comply with § 10122 of Title 29 and include all of the following:

(1) The action to be taken.

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

(3) Instructions to request a hearing.

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

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

(e) The Director of Industrial Affairs shall review a request for a hearing under paragraph (d)(1) of this section and may schedule an informal settlement conference. The Director of Industrial Affairs shall forward the hearing request to the Secretary to schedule a hearing if no settlement is reached at the informal settlement conference or an informal settlement conference is not held.

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

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

(h) Any final decision by a court or administrative agency that contains a finding of fact or conclusion of law that a violation of this section occurred, is conclusive on all parties to an action under this section. For purposes of this subsection, a decision is final if it has been fully determined on appeal to the appropriate court, if all time for filing an appeal of the decision has expired, or if the decision is not subject to judicial review.

(i) An employer who violates subsection (a) of this section shall do all of the following within 30 days of a final decision under subsection (h) of this section:

(1) Pay restitution to or on behalf of the employee.

(2) Come into compliance with all applicable labor laws, including laws governing income tax withholding, unemployment insurance, wage laws, and workers’ compensation.

(j) The following penalties apply in addition to restitution required under paragraph (i)(1) of this section:

(1) a. An employer who violates subsection (a) of this section is subject to a civil penalty of not less than $2,000 and not more than $20,000 for each violation.

b. Each instance of a violation of subsection (a) of this section per employee is a separate violation.

(2) An employer is subject to a civil penalty of not less than $20,000 and not more than $50,000 for each violation if the employer discharges or in any manner retaliates or discriminates against an individual because that individual does any of the following under this section:

a. Made a complaint or provided information to the Department.

b. Caused, or is going to cause, an investigation to be instituted.

c. Testified, or is going to testify, in a hearing.

(k) All civil penalties collected under this section are payable to the Department of Labor and must be used for the administration and enforcement of this chapter, which may include expenses incurred by the Department of Justice in connection with activities under this chapter, including prosecutions under § 841D of Title 11.

(l) In addition to pursuing penalties under this section, the Department may provide findings, and supporting evidence, from a completed investigation under this section to the Department of Justice for consideration of prosecution under § 841D of Title 11.

(m) Nothing in this section precludes any of the following:

(1) A state or federal agency from pursuing a remedy against an employer for a violation of a different law.

(2) An employee or the Department from pursuing a remedy against an employer under § 1113 of this title.
19 Del. C. § 1320 — Delaware Code / Title 19 / Chapter 13 / Section 1320
§ Â
        1320. Bargaining unit information and access.
Status: in_force

(a) Within 14 calendar days from the date of hire of a bargaining unit employee, a public employer must provide the following contact information of the bargaining unit employee to an exclusive representative in a secure format agreed to by the exclusive representative: name; position; worksite location; employee identification number; home address; home and personal cell phone numbers on file with the public employer; date of hire; and work email address and personal email address on file with the public employer.

(b) In January and October of each year, beginning in January 2026, a public employer must provide to an exclusive representative in a secure format agreed to by the exclusive representative the following information for all bargaining unit employees: name; position; worksite location; employee identification number; home address; home and personal cell phone numbers on file with the public employer; date of hire; and work email address and personal email address on file with the public employer.

(c) A public employer must allow an exclusive representative to communicate with bargaining unit members using the members’ employer-issued email addresses regarding collective bargaining, the administration of collective bargaining agreements, the investigation of grievances, other workplace-related complaints and issues, and internal matters involving the governance or business of the exclusive representative, consistent with the employer’s generally applicable technology use policies.

(d) A public employer must allow an exclusive representative to meet with bargaining unit members in facilities owned or leased by the public employer regarding collective bargaining, the administration of collective bargaining agreements, grievances and other workplace-related complaints and issues, and internal matters involving the governance or business of the exclusive representative, provided the use does not interfere with governmental operations. Meetings conducted in government buildings pursuant to this subsection must not be for the purpose of supporting or opposing any candidate for partisan political office or for the purpose of distributing literature or information regarding partisan elections. An exclusive representative conducting a meeting in a government building or other government facility pursuant to this subsection may be charged for maintenance, security, and other costs related to the use of the government building or facility that would not otherwise be incurred by the government entity.
19 Del. C. § 104 — Delaware Code / Title 19 / Chapter 1 / Section 104
§ Â
        104. Preparation of certificates, papers and abstracts.
Status: in_force

The Department shall formulate and have printed certificates and papers required in the issuing of employment certificates and the abstracts of the law relating to the hours of child labor in this State.
19 Del. C. § 1703 — Delaware Code / Title 19 / Chapter 17 / Section 1703
§ Â
        1703. Protection.
Status: in_force

An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee’s compensation, terms, conditions, location, or privileges of employment, including reporting or threatening to report an employee’s suspected or actual citizenship or immigration status or the suspected or actual citizenship or immigration status of a family member of the employee to a federal, state, or local agency:

(1) Because the employee, or a person acting on behalf of the employee, reports or is about to report to a public body, verbally or in writing, a violation which the employee knows or reasonably believes has occurred or is about to occur, unless the employee knows or has reason to know that the report is false; or

(2) Because an employee participates or is requested by a public body to participate in an investigation, hearing, or inquiry held by that public body, or a court action, in connection with a violation as defined in this chapter; or

(3) Because an employee refuses to commit or assist in the commission of a violation, as defined in this chapter; or

(4) Because the employee reports verbally or in writing to the employer or to the employee’s supervisor a violation, which the employee knows or reasonably believes has occurred or is about to occur, unless the employee knows or has reason to know that the report is false. Provided, however that if the report is verbally made, the employee must establish by clear and convincing evidence that such report was made; or

(5) Because an employee reports or is about to report to a public body, to the employer or the employee’s supervisor, verbally or in writing any noncompliance or an infraction which the employee knows or reasonably believes has occurred or is about to occur, of Chapter 80 of Title 15 unless the employee knows or has reason to believe the report is false; or participates or is requested to participate in an investigation, hearing, trial or inquiry, of a person or entity other than employee, regarding noncompliance or an infraction of Chapter 80 of Title 15; or refuses to participate or assist in the noncompliance or an infraction of Chapter 80 of Title 15.
19 Del. C. § 2394 — Delaware Code / Title 19 / Chapter 23 / Subchapter V / Section 2394
§ Â
        2394. Exemption from other taxes upon premiums.
Status: in_force

Any insurance carrier liable to pay a tax upon premiums under this subchapter shall not be liable to pay any other or further tax upon such premiums or on account thereof under any other law of this State.
19 Del. C. § 1911 — Delaware Code / Title 19 / Chapter 19 / Section 1911
§ Â
        1911. Other rights.
Status: in_force

The rights and remedies provided to employees by this chapter are in addition to, and not in lieu of, any other contractual or statutory rights and remedies of the employees, and are not intended to alter or affect such rights and remedies, except that the period of notification required by this chapter shall run concurrently with any period of notification required by contract or by any other state or federal statute.
19 Del. C. § 3121 — Delaware Code / Title 19 / Chapter 31 / Subchapter II / Section 3121
§ Â
        3121. Employment stabilization.
Status: in_force

The Department of Labor, hereinafter referred to in this chapter as the “Department”, shall take all appropriate steps to:

(1) Reduce and prevent unemployment;

(2) Encourage and assist in the adoption of practical methods of vocational training, retraining and vocational guidance;

(3) Investigate, recommend, advise and assist in the establishment and operation, by municipalities, counties, school districts and the State, of reserves for public works to be used in time of business depression and unemployment;

(4) Promote the reemployment of unemployed workers throughout the State in every other way that may be feasible; and

(5) Carry on and publish the results of investigations and research studies to further these ends.
19 Del. C. § 2329 — Delaware Code / Title 19 / Chapter 23 / Subchapter II / Section 2329
§ Â
        2329. Compensation for disability resulting from occupational and other preexisting disease.
Status: in_force

Whenever any disability from which any employee is suffering following the contraction of a compensable occupational disease is due in part to such occupational disease and in part to a preexisting disease or infirmity, the Board shall determine the proportion of such disability which is reasonably attributable to the occupational disease and the proportion which is reasonably attributable to the preexisting disease or infirmity and such employee shall be entitled to compensation only for that proportion of the disability which is reasonably attributable solely to the occupational disease.
19 Del. C. § 2396 — Delaware Code / Title 19 / Chapter 23 / Subchapter V / Section 2396
§ Â
        2396. Workersâ Compensation Fund; reimbursement of carriers.
Status: in_force

(a) The Workers’ Compensation Fund is created for the purpose of making payments under § 2327, § 2334, or § 2347 of this title by any insurance carrier.

(b) The Department shall perform the administrative, ministerial, fiscal and clerical functions of the Workers’ Compensation Fund. The Fund shall be a party to and shall be represented by a Deputy Attorney General in any proceeding involving possible reimbursement to or from the Fund, and if the decision is against the Fund, the Fund may secure judicial review thereof by commencing an action in Superior Court in the county in which the hearing was held. Any expenses incurred in defense of the Fund are payable from said Fund.

(c) With respect to payments made subject to reimbursement under subsection (a) of this section, insurance carriers, on or before December 15 and July 1 of each year, shall file with the Department a report setting forth the money expended for said payments during the previous 6 months. Reimbursement to such insurance carrier shall be made on January 15 and August 1 each year.