19 Del. C. § 1909 — Delaware Code / Title 19 / Chapter 19 / Section 1909
§ Â
        1909. Violation; liability.
Status: in_force

(a) An employer who fails to give notice as required by this chapter before ordering a mass layoff, plant closing, or relocation if any of the above will cause an employment loss is liable to each employee entitled to notice who lost employment for the following:

(1) Back pay at the average regular rate of compensation received by the employee during the last 3 years of employment, or the employee’s final rate of compensation, whichever is higher.

(2) The value of the cost of any benefits to which the employee would have been entitled had that employee's employment not been lost, including the cost of any medical expenses incurred by the employee that would have been covered under an employee benefit plan.

(b) Back pay and other liability under this section is calculated for the period of the employer’s violation, up to a maximum of 60 days, or ½ the number of days that the employee was employed by the employer, whichever period is smaller.

(c) Payments to an employee under this chapter by an employer who has failed to provide the advance notice of a mass layoff, plant closing or relocation that is required by this chapter 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 this chapter or the federal Worker Adjustment and Retraining Notification Act.

(d) The amount of an employer’s liability under this chapter shall be reduced by the following:

(1) Any wages, except vacation moneys accrued before the period of the employer’s violation, paid by the employer to the employee during the period of the employer’s violation.

(2) Any voluntary and unconditional payments made by the employer to the employee that were not required to satisfy any legal obligation.

(3) Any payments by the employer to a third party or trustee, such as premiums for health benefits or payments to a defined contribution pension plan, on behalf of and attributable to the employee for the period of the violation.

(4) Any liability paid by the employer under any applicable federal law governing notification of mass layoffs, plant closings, or relocations.

(5) In an administrative proceeding by the Secretary, any liability paid by the employer prior to the Secretary’s determination as the result of a civil action brought under this chapter.

(6) In a civil action brought under this chapter, any liability paid by the employer in an administrative proceeding by the Secretary prior to the adjudication of such civil action.

(e) Any liability incurred by an employer under subsection (a) of this section with respect to a defined benefit pension plan may be reduced by crediting the employee with service for all purposes under such a plan for the period of the violation.

(f) If an employer proves to the satisfaction of the Secretary that the act or omission that violated this chapter was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of this chapter, the Secretary may, in the Secretary's discretion, reduce the amount of liability provided for in this section. In determining the amount of such reduction, the Secretary shall consider the following:

(1) The size of the employer.

(2) The hardships imposed on employees by the violation.

(3) Any efforts by the employer to mitigate the violation.

(4) The grounds for the employer’s belief.

(g) An aggrieved employee, local government, or an employee representative seeking to establish liability against an employer may bring a civil action on behalf of the person, other persons similarly situated, or both, in any court of competent jurisdiction, within 3 years of the alleged violation of this chapter. The court may award reasonable attorneys’ fees as part of costs to any plaintiff who prevails in a civil action brought under this chapter. If the court determines that an employer conducted a reasonable investigation in good faith, and had reasonable grounds to believe that its conduct was not a violation of this chapter, the court may reduce the amount of any penalty it would otherwise impose against the employer under this chapter.

(h) Neither the Secretary nor any court shall have the authority to enjoin a mass layoff, plant closing, or relocation under this chapter.
19 Del. C. § 3350B — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3350B
§ Â
        3350B. Operations and technology assessment rate.
Status: in_force

(a) Notwithstanding any other provisions in this chapter, for any assessment rate year beginning January 1, 2024, and thereafter, in addition to all other payments to the Department due under this title, each rated employer shall also be liable for an operations and technology assessment on all taxable wages paid by each such employer.

(b) (1) For the assessment rate year beginning on January 1, 2024, through the assessment rate year beginning on January 1, 2026, the operations and technology assessment shall be levied at the rate of 0.2% multiplied by the amount of taxable wages paid by the employer during any calendar quarter.

(2) For the assessment rate years beginning on January 1, 2027, and thereafter, the operations and technology assessment shall be levied at the rate of 0.175% multiplied by the amount of taxable wages paid by the employer during any calendar quarter.

(c) The operations and technology assessment shall not affect the computation of any other assessments due under this title.

(d) Payments of operations and technology assessments shall be made at the same time and in the same manner as prescribed for payment of assessments under § 3345 of this title and all regulations promulgated thereunder. The restrictions in § 3345 of this title apply equally to the provisions of this section.

(e) (1) Failure to make payments required under this section shall be subject to interest, penalties, and all other collection actions provided for failure to pay assessments under this chapter.

(2) The amount of the operations and technology assessment due shall be considered part of the total amount of contributions paid or payable by the employer for purposes of the penalties assessed in § 3125(c) of this title.

(f) All operations and technology assessments, interest, and penalties collected under this section shall be deposited in the Special Administration Fund of the Department of Labor and shall be used only for the purposes set forth in §  3166(c)(1), (c)(3), (c)(5), and (c)(7) of this title.

(g) The Department will submit quarterly reports to the Director of the Office of Management and Budget, the Controller General, and the Unemployment Compensation Advisory Council members regarding the status of the operations and technology assessments.
19 Del. C. § 1623 — Delaware Code / Title 19 / Chapter 16 / Subchapter II / Section 1623
§ Â
        1623. Coercion [Effective upon enactment of comparable federal law].
Status: in_force

No employer may require directly or indirectly an employee who is a firefighter or member of a rescue squad to volunteer the employee’s firefighting or rescue squad services during any period in which such employee would be entitled to receive compensation for overtime employment.
19 Del. C. § 3707 — Delaware Code / Title 19 / Chapter 37 / Section 3707
§ Â
        3707. Leave and employment protection.
Status: in_force

(a) A covered individual who exercises the covered individual’s right to family and medical leave benefits shall, on the expiration of the covered leave, be entitled to be restored by the employer to the position held by the covered individual when the covered leave commenced, or to a position with equivalent seniority, status, employment benefits, pay, and other terms and conditions of employment, including fringe benefits and service credits, which the covered individual had been entitled to at the commencement of the covered leave.

(b) During covered leave, the employer shall maintain any health care benefits the covered individual had before taking the leave for the duration of the leave as if the covered individual had continued in employment continuously from the date the covered individual commenced the leave until the date the family and medical leave benefits terminate. The covered individual shall continue to pay the covered individual’s share of the cost of health care benefits as required before the commencement of the leave.

(c) An employer who violates this section or § 3708 of this title is liable to an employee affected for all of the following:

(1) Damages equal to all of the following:

a. The amount of any of the following:

1. Any wages or employment benefits denied or lost to the employee by reason of the violation.

2. In an action in which wages or employment benefits have not been denied or lost to the employee, any actual monetary losses sustained by the employee as a direct result of the violation, such as the cost of providing care, up to a sum equal to 12 weeks of wages or employment benefits for the employee.

b. Interest on the amount under paragraph (c)(1)a. of this section, calculated at the legal rate.

c. An additional amount as liquidated damages equal to the sum of the amount described in paragraph (c)(1)a. of this section and the interest under paragraph (c)(1)b. of this section. If an employer who has violated this section or § 3708 of this title proves to the satisfaction of the court that the act or omission that violated this section or § 3708 of this title was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of this section or § 3708 of this title, the court may reduce the amount of the liability to the amount and interest determined under paragraphs (c)(1)a. and (c)(1)b. of this section, respectively.

(2) For equitable relief as may be appropriate, including employment, reinstatement, and promotion.

(d) An action under subsection (c) of this section may be maintained against an employer in a court of competent jurisdiction in this State by any 1 or more employees for and on behalf of the employees or the employees and other employees similarly situated.

(e) (1) The court in an action under subsection (c) of this section may, in addition to any judgment awarded to the plaintiff, award reasonable attorneys’ fees, reasonable expert witness fees, and other costs of the action to be paid by the defendant.

(2) The court in an action under subsection (c) of this section shall award reasonable attorneys’ fees to a defendant if the court finds the action was brought in bad faith.

(f) Except as provided under subsection (g) of this section, an action may be brought for a violation of this section or § 3708 of this title not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought.

(g) In an action brought for a wilful violation of this section or § 3708 of this title, the action may be brought not later than 3 years after the date of the last event constituting the alleged violation for which the action is brought.
19 Del. C. § 3603 — Delaware Code / Title 19 / Chapter 36 / Section 3603
§ Â
        3603. Administration and enforcement.
Status: in_force

The Office of Contractor Registration in the Department shall administer and enforce this chapter, using the rules and procedures of the Administrative Procedures Act, Chapter 101 of Title 29.
19 Del. C. § 910 — Delaware Code / Title 19 / Chapter 9 / Section 910
§ Â
        910. Penalties.
Status: in_force

(a) Any employer who hinders or delays the Department in the performance of its duties or refuses to admit the Department to the premises or place of business or employment in violation of any court order, or fails to make, keep and preserve any books, registers, payrolls or other records or falsifies the same, or refuses to make the same accessible to the Department, or refuses to furnish a sworn statement of the same or any other information, or fails to post a summary of this chapter or of any applicable regulations published thereunder or summary thereof, or pays or agrees to pay wages at a rate less than the rate applicable, or otherwise violates this chapter or any regulation published thereunder 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 who in any manner discriminates against any employee because that employee made a complaint or gave information to the Department pursuant to this chapter, or caused or is about to cause any proceedings to be instituted under this chapter, or has testified or is about to testify in any such proceedings 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.

(c) A civil penalty claim may be filed in any court of competent jurisdiction.
19 Del. C. § 3103 — Delaware Code / Title 19 / Chapter 31 / Subchapter I / Section 3103
§ Â
        3103. Quorum.
Status: in_force

Any 3 Board members shall constitute a quorum. No vacancy shall impair the right of the remaining Board members to exercise all of the powers of the Board.
19 Del. C. § 1901 — Delaware Code / Title 19 / Chapter 19 / Section 1901
§ Â
        1901. Short title.
Status: in_force

This chapter shall be known and may be cited as the “Delaware Worker Adjustment and Retraining Notification Act.”
19 Del. C. § 3712 — Delaware Code / Title 19 / Chapter 37 / Section 3712
§ Â
        3712. Erroneous payments; disqualification for benefits.
Status: in_force

(a) A covered individual is disqualified from family and medical leave benefits for 3 years if the covered individual is determined by the Department to have wilfully made a false statement or misrepresentation regarding a material fact, or wilfully failed to report a material fact, to obtain benefits under this chapter.

(b) If family and medical leave benefits are paid erroneously or as a result of wilful misrepresentation, or if a claim for family and medical leave benefits is rejected after benefits are paid, the Department may seek repayment from the recipient of benefits, with interest in an amount to be determined by the Department, consistent with § 3718 of this title. If benefits are paid due to wilful misrepresentation, the Department may seek an additional penalty of up to 50% of the overpayment and a penalty as permitted by § 3719 of this title.

(c) When the Department determines that an individual obtained an overpayment by fraud, in addition to any disqualification under subsection (a) of this section, the individual is disqualified from receiving family and medical leave benefits until the Department determines that all of the following have occurred:

(1) The total amount of the fraud overpayment, with interest, has been repaid in full.

(2) Any monetary penalty under this section has been paid in full.
19 Del. C. § 2004 — Delaware Code / Title 19 / Chapter 20 / Section 2004
§ Â
        2004. Offer of employment form letter [For application of this section, see 84 Del. Laws, c. 453, Â 3].
Status: in_force

The offer of employment to a service employee under § 2002(e) of this title must use the following form or be substantially similar to the following form:

DATE:

TO: [Name of Service Employee]

IMPORTANT INFORMATION REGARDING YOUR EMPLOYMENT

We have received information that you are employed by ________ and are currently performing work at ________. Your current employer, ________, will no longer be providing services or employment at your worksite as of this date: ________ because of the following reason:

â¡ Your current employer has lost its contract with the owners of your worksite.

â¡ Your current employer is contracting out for the service you perform.

â¡ Ownership of your worksite is changing.

We are [Name of Successor Employer] and will be providing the same service at your worksite. We are offering you a job with us for a 90-day probationary period that starts ________, to perform the same type of work that you have already been doing, under the following terms:

Pay rate per hour: $ ________

Hours per shift: ____

Total hours per week: ____

Benefits:

If you want to continue working at this worksite, you must let us know by this date:________. If we do not receive your response by the end of business that day, we will not hire you and you will lose your job. We can be reached by telephone at ____.

The Delaware Service Worker Protection Act gives you the following rights:

1. We must give you at least 10 days to accept this offer of employment.

2. You have the right, with certain exceptions, to be hired by us for the first 90 days that we begin to provide services at this worksite.

3. During this period, you cannot be fired without just cause.

4. If you believe that you have been fired or laid off in violation of the Service Worker Protection Act, you have the right to institute legal action, and if successful may be awarded back pay, reinstatement, damages, attorney’s fees, and court costs.

FROM: [Name of successor employer]

Authorized Representative: ________________

Address: ________________

________________

Telephone No.: ____
19 Del. C. § 3341 — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3341
§ Â
        3341. Period of employerâs coverage.
Status: in_force

Any employing unit which is or becomes an employer subject to this chapter within any calendar year shall be subject to this chapter during the whole of such calendar year.
19 Del. C. § 3164 — Delaware Code / Title 19 / Chapter 31 / Subchapter IV / Section 3164
§ Â
        3164. Unemployment Compensation Administration Fund.
Status: in_force

(a) There shall be in the State Treasury a special fund to be known as the Unemployment Compensation Administration Fund. All moneys which are deposited or paid into this Fund shall be continuously available to the Department for expenditure in accordance with this part and shall not lapse at any time or be transferred to any other fund. All moneys in this Fund which are received from the federal government or any agency thereof or which are appropriated by this State for the purposes described in §§ 3151 and 3152 of this title shall be expended solely for the purposes and in the amounts found necessary by the Secretary of Labor of the United States for the proper and efficient administration of this part. The Administration Fund shall consist of all moneys appropriated by this State, all moneys received from the United States of America, or any agency thereof, including the Secretary of Labor of the United States, and all moneys received from any other source for such purpose, and shall also include any moneys received from any agency of the United States or any other state as compensation for services or facilities supplied to such agency, any amounts received pursuant to any surety bond or insurance policy or from other sources for losses sustained by the Unemployment Compensation Administration Fund or by reason of damage to equipment or supplies purchased from moneys in such Fund and any proceeds realized from the sale or disposition of any such equipment or supplies which may no longer be necessary for the proper administration of this part. All moneys in the Administration Fund shall be deposited, administered and disbursed, in the same manner and under the same conditions and requirements as is provided by law for other special funds in the State Treasury, except that moneys in this Fund shall not be commingled with other state funds, but shall be maintained in a separate account on the books of a depositary bank.

(b) The State Treasurer shall be liable on the Treasurer’s official bond for the faithful performance of duties in connection with the Administration Fund provided for under this section. Such liability on the official bond shall exist in addition to any liability upon any separate bond which may be given by the State Treasurer. All sums recovered on any surety bond for losses sustained by the Administration Fund shall be deposited in that Fund.
19 Del. C. § 1908 — Delaware Code / Title 19 / Chapter 19 / Section 1908
§ Â
        1908. Powers of the Secretary.
Status: in_force

(a) The Secretary shall prescribe such rules and regulations as may be necessary to carry out this chapter. The regulations shall, at a minimum, include provisions that allow the parties access to administrative hearings for any actions of the Department under this chapter.

(b) In any investigation or proceeding under this chapter, the Secretary has, in addition to all other powers granted by law, the authority to examine any information of an employer necessary to determine whether a violation of this chapter has occurred, including to determine the validity of any defense.

(c) Except as provided in this section, information obtained through administration of this chapter from an employer subject to this chapter and which is not otherwise obtainable by the Department under other chapters in this title shall be confidential and not be published or open to public inspection.

(1) Notwithstanding any other provisions of this section, the Secretary shall be entitled to use any information and documents received by any employer under this chapter in connection with any investigation or proceeding under this chapter, including in any administrative hearing under this chapter.

(2) Prior to public disclosure of any such information in connection with any court or administrative action or proceeding, the employer shall be given a reasonable opportunity to make application to protect the information’s confidentiality during such action or proceeding.

(3) Notwithstanding any other provisions of this section, information obtained by the Department from any notice required by the federal WARN Act or this chapter shall not be considered confidential, except as set forth in paragraph (c)(4) of this section.

(4) Notwithstanding any other provisions of this section, names and personal information, including addresses, phone numbers, email addresses, contact information, and social security numbers, of planned dislocated workers contained in any notice required by the federal WARN Act or this chapter, or otherwise provided to the Department by an employer pursuant to this chapter, shall remain confidential and shall not be published or open to public inspection.

(5) Any information or documents regarding or relating to a potential mass layoff, plant closing, or relocation that is provided by an employer to the Department pursuant to this chapter prior to the Department’s receipt of any notice required by the federal WARN Act or this chapter shall be confidential and shall not be published or open to public inspection.

(d) If, after an administrative hearing, it is determined that an employer has violated any of the requirements of this chapter or any rules or regulations promulgated hereunder, the Secretary shall issue an order which shall include any penalties assessed by the Secretary under this chapter. Upon the entry of such order, any party aggrieved thereby may commence a proceeding for the review thereof, which proceeding must be filed in the Superior Court for the county in which the employer’s place of business is located within 30 days after the date the order was mailed to the employer’s last known address. In any proceeding under this section the findings of the Secretary as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive and the jurisdiction of the Court shall be confined to questions of law. If such order is not reviewed, or is so reviewed and the final decision is in favor of the Secretary, the Department may file the order of the Secretary containing the amount found to be due with the prothonotary of the Superior Court in the county where the employer resides or has a place of business. The filing of such order shall have the full force and effect of a judgment duly docketed in the office of such prothonotary. The order may be enforced by and in the name of the Secretary in the same manner, and with like effect, as that prescribed by the civil practice law and rules for the enforcement of a money judgment.

(e) The Department shall distribute to all employees entitled to notice under this chapter any back pay and the value of the cost of any benefits recovered by the Department from an employer who did not provide such notice.
19 Del. C. § 705 — Delaware Code / Title 19 / Chapter 7 / Subchapter I / Section 705
§ Â
        705. Notice of monitoring of telephone transmissions, electronic mail and Internet usage.
Status: in_force

(a) As used in this section, “employer” includes any individual, corporation, partnership, firm or association with a place of business in Delaware and the State of Delaware or any agency or political subdivision thereof.

(b) No employer, nor any agent or any representative of any employer, shall monitor or otherwise intercept any telephone conversation or transmission, electronic mail or transmission, or Internet access or usage of or by a Delaware employee unless the employer either:

(1) Provides an electronic notice of such monitoring or intercepting policies or activities to the employee at least once during each day the employee accesses the employer-provided e-mail or Internet access services; or

(2) Has first given a 1-time notice to the employee of such monitoring or intercepting activity or policies. The notice required by this paragraph shall be in writing, in an electronic record, or in another electronic form and acknowledged by the employee either in writing or electronically.

The notice required by this subsection shall not apply to activities of any law-enforcement officer acting under the order of a court issued pursuant to Chapter 24 of Title 11.

(c) Whoever violates this section shall be subject to a civil penalty of $100 for each such violation. A civil penalty claim may be filed in any court of competent jurisdiction.

(d) The provisions of this section shall not be deemed to be an exclusive remedy and shall not otherwise limit or bar any person from pursuing any other remedies available under any other law, state or federal statute, or the common law. The violations of this section by an employer shall not be admitted into evidence for the purpose of, or used as, a defense to criminal liability of any person in any Court in this State.

(e) The provisions of this section shall not apply to processes that are designed to manage the type or volume of incoming or outgoing electronic mail or telephone voice mail or Internet usage, that are not targeted to monitor or intercept the electronic mail or telephone voice mail or Internet usage of a particular individual, and that are performed solely for the purpose of computer system maintenance and/or protection.
19 Del. C. § 3126 — Delaware Code / Title 19 / Chapter 31 / Subchapter II / Section 3126
§ Â
        3126. Administering oaths and affirmations, taking depositions, certifying official acts and issuing subpoenas.
Status: in_force

In the discharge of the duties imposed by this part, the members of the Department, the chairperson of an appeal tribunal and any duly authorized representative of either of them may administer oaths and affirmations, take depositions, certify to official acts and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda and other records deemed necessary as evidence in connection with a disputed claim or the administration of this part.
19 Del. C. § 3163 — Delaware Code / Title 19 / Chapter 31 / Subchapter IV / Section 3163
§ Â
        3163. Requisitions for payment of benefits; disposition of unclaimed or unpaid money.
Status: in_force

Moneys shall be requisitioned from this State’s account in the Unemployment Trust Fund solely for the payment of benefits and/or self-employment assistance allowances and in accordance with regulations prescribed by the Department. The Department shall from time to time requisition from the Unemployment Trust Fund such amounts, not exceeding the amounts standing to this State’s account therein, as it deems necessary for the payment of benefits and/or self-employment assistance allowances for a reasonable future period. Upon receipt thereof the State Treasurer shall deposit such moneys in the benefit account and shall issue warrants for the payment of benefits and/or self-employment assistance allowances solely from such benefit account. Expenditures of such moneys in the benefit account and refunds from the clearing account shall not be subject to any provisions of law requiring specific appropriations or other formal release by state officers of money in their custody. All warrants issued by the State Treasurer for the payment of benefits and/or self-employment assistance allowances and refunds shall bear the signature of the State Treasurer and the countersignature of the Department or its duly authorized agent for that purpose. Any balance of moneys requisitioned from the Unemployment Trust Fund which remains unclaimed or unpaid in the benefit account after the expiration of the period for which such sums were requisitioned shall either be deducted from estimates for and may be utilized for the payment of benefits and/or self-employment assistance allowances during succeeding periods, or, at the discretion of the Department, shall be redeposited with the Secretary of the Treasury of the United States to the credit of this State’s account in the Unemployment Trust Fund, as provided in § 3162 of this title.
19 Del. C. § 2332 — Delaware Code / Title 19 / Chapter 23 / Subchapter II / Section 2332
§ Â
        2332. Death of employee as affecting compensation and other benefits.
Status: in_force

Should the employee die as a result of the injury, no reduction shall be made for the amount paid for medical, surgical, dental, optometric, chiropractic or hospital services and medicines nor for the expense of last sickness and burial as provided in this chapter. Should the employee die from some other cause than the injury as herein defined, the claim for compensation shall not abate, but the personal representative of the deceased may be substituted for the employee and prosecute the claim for the benefit of the deceased’s dependent or dependents only, but in the event an agreement for compensation or an award has theretofore been made, the full unpaid amount thereof shall be payable to the deceased employee’s nearest dependent as indicated by § 2330 of this title and such payments may be made directly to a dependent of full age and on behalf of an infant to the statutory or testamentary guardian of any such infant, provided, however, that no payment or award under § 2324 or § 2325 of this title shall continue or be ordered beyond the date of such injured employee’s death.
19 Del. C. § 3328 — Delaware Code / Title 19 / Chapter 33 / Subchapter II / Section 3328
§ Â
        3328. Self-Employment Assistance Program.
Status: in_force

(a) As used in this section:

(1) “Self-employment assistance activities” means activities (including entrepreneurial training, business counseling and technical assistance) approved by the Secretary of Labor or the Secretary’s designee in which an individual identified through a worker profiling system as likely to exhaust regular benefits participates for the purpose of establishing a business and becoming self-employed.

(2) “Self-employment assistance allowance” means an allowance, payable in lieu of regular benefits and from the Unemployment Compensation Fund established under § 3161 of this title, to an individual participating in self-employment assistance activities who meets the requirements of this section.

(3) “Full-time basis” means that the individual is devoting such amount of time as is determined by the Department to be necessary to establish a business which will serve as a full-time occupation for that individual.

(b) The weekly allowance payable under this section to an individual will be equal to the weekly benefit amount for regular benefits payable under § 3313 of this title. The sum of (1) the allowance paid under this section and (2) regular benefits paid under this chapter with respect to any benefit year shall not exceed the maximum benefit amount as established by § 3313(k) of this title with respect to such benefit year.

(c) The allowance described in subsection (a) of this section shall be payable to an individual at the same interval, on the same terms, and subject to the same conditions as regular benefits under this chapter, except that:

(1) The requirements of §§ 3315(1), (3), and 3314(3) of this title relating to availability for work active search for work and refusal to accept work are not applicable to such individual;

(2) The reduction provided in § 3313(i) of this title relating to wages paid is not applicable to income earned from self-employment by such individual;

(3) An individual who meets the requirements of this section shall be considered to be unemployed under § 3302 of this title; and

(4) An individual who fails to participate in self-employment assistance activities or who fails to actively engage on a full-time basis in activities (which may include training) relating to the establishment of a business and becoming self-employed shall be disqualified for the week such failure occurs.

(d) The aggregate number of individuals receiving the self-employment assistance allowance under this section at any time shall not exceed 5 percent of the number of individuals receiving regular benefits for such week. The Secretary of Labor shall prescribe such actions as are necessary to assure the requirements of this subsection are met.

(e) Self-employment assistance allowances paid under this section shall be charged to employers as provided under the provisions of this chapter relating to the charging of regular benefits. Benefits shall be noncharged as provided under § 3314 of this title.

(f) The provisions of this section will apply to weeks beginning after the date of enactment or weeks beginning after any plan required by the United States. Department of Labor is approved by said Department, whichever date is later. The authority provided by this section shall terminate as of the end of the week preceding the date when federal law no longer authorizes the provisions of this section, unless such date is a Saturday in which case the authority shall terminate as of such date.
19 Del. C. § 3725 — Delaware Code / Title 19 / Chapter 37 / Section 3725
§ Â
        3725. Paid Leave Advisory Committee.
Status: in_force

(a) The Secretary shall establish a Paid Leave Advisory Committee (Advisory Committee) to review issues related to the implementation and administration of the family and medical leave insurance program established under this chapter and to review proposed statutory and regulatory amendments related to the program.

(b) (1) The Advisory Committee consists of 9 members appointed by the Secretary as follows:

a. A representative of the Delaware Paid Leave Division.

b. Four members who represent employees.

c. Four members who represent employers, at least 1 of whom represents employers that employ fewer than 25 people.

(2) Members shall serve for a term of 2 years and may be reappointed. In the event of a vacancy for any reason, the Secretary shall make an appointment that becomes immediately effective for the remainder of the unexpired term.

(3) The representative of the Delaware Paid Leave Division shall serve as the chair of the Advisory Committee.

(c) The Advisory Committee must advise and make recommendations to the Director regarding issues related to the program, including:

(1) Implementation.

(2) Administration.

(3) Rulemaking.

(4) Financial matters.

(d) Department staff must consult with the Paid Leave Advisory Committee at least once monthly through December 31, 2028. Beginning January 1, 2029, the committee must meet at least quarterly. Meetings of the paid leave advisory committee meeting are public meetings.
19 Del. C. § 2309 — Delaware Code / Title 19 / Chapter 23 / Subchapter I / Section 2309
§ Â
        2309. Applicability â State, counties and political subdivisions.
Status: in_force

This chapter shall not apply to the State, any governmental agency created by it, each county, city, town, township, incorporated village, school district, sewer district, drainage district, public or quasi-public corporation or any other political subdivision of the State that has 1 or more employees, official or officer, whether elected or appointed unless proper authority is given by an above named entity to elect to be covered by the application of this chapter.
19 Del. C. § 801 — Delaware Code / Title 19 / Chapter 8 / Section 801
§ Â
        801. Definitions.
Status: in_force

As used in this chapter:

(1) “Authority” means the State, any political subdivision thereof, or any board, commission, public agency or instrumentality thereof, which operates or takes over the operation of any mass transportation system within this State.

(2) “Mass transportation system” means transportation of the public by bus, rail or any other means of conveyance serving the general public and moving under prescribed routes.
19 Del. C. § 3151 — Delaware Code / Title 19 / Chapter 31 / Subchapter III / Section 3151
§ Â
        3151. Establishment and purpose; acceptance of Wagner-Peyser Act.
Status: in_force

The Delaware State Employment Service is continued under the jurisdiction and as a part of the Department of Labor. The Department, in the conduct of such Service, shall establish and maintain free public employment offices in such number and in such places as are necessary for the proper administration of this part and for the purposes of performing such functions as are within the purview of the act of Congress entitled “An Act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system and for other purposes,” approved June 6, 1933, 48 Stat. 113, hereinafter referred to as the “Wagner-Peyser Act” [29 U.S.C. § 49 et seq.]. The provisions of such act of Congress are accepted by this State, and the Department of Labor is designated and constituted the agency of this State for the purposes of such act.
19 Del. C. § 2358 — Delaware Code / Title 19 / Chapter 23 / Subchapter III / Section 2358
§ Â
        2358. Commutation of compensation.
Status: in_force

(a) Upon application of either party, and on due notice to the other, the compensation contemplated by this chapter may be commuted by the Board at its present value when discounted at 5% interest, with annual rests, disregarding, except in commuting payments due under § 2324 of this title, the probability of the beneficiary’s death. Such commutation may be allowed if it appears that it will be for the best interest of the employee or the dependents of the deceased employee, or that it will avoid undue expense or hardship to either party, or that such employee or dependent has removed or is about to remove from the United States or that the employer has sold or otherwise disposed of the whole or the greater part of the injured employee’s or the dependents of a deceased employee’s business or assets. It shall not be allowed for the purpose of enabling the injured employee or the dependents of a deceased employee to satisfy a debt created before the accident, other than a mortgage upon the injured employee’s or the dependents of a deceased employee’s or their home or household furniture.

(b) The Board shall not approve a proposed commutation under this section without considering information regarding the amount of attorneys’ fees and costs, if any, employee will pay in connection with the proposed commutation. The Board shall not separately approve the attorneys’ fees to be paid by the employee, but shall approve or deny the proposed commutation based upon the best interests of the employee in light of the employee’s net recovery after fees and expenses are deducted.
19 Del. C. § 3723 — Delaware Code / Title 19 / Chapter 37 / Section 3723
§ Â
        3723. Sharing technology.
Status: in_force

The Department is encouraged to use Delaware data collection and technology to the extent possible and to integrate the family and medical leave benefits program with existing state policies.
19 Del. C. § 3347 — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3347
§ Â
        3347. Fractions of a cent.
Status: in_force

In the payment of any assessments, a fractional part of a cent shall be disregarded unless it amounts to 1/2 cent or more, in which case it shall be increased to 1 cent.
19 Del. C. § 3363 — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3363
§ Â
        3363. Priority of claim for employerâs assessments upon insolvency or other distribution of employerâs assets.
Status: in_force

In the event of any distribution of an employer’s assets pursuant to an order of any court under the laws of this State, including any receivership, assignment for benefit of creditors, adjudicated insolvency, composition or similar proceeding, assessments then due or thereafter falling due shall be paid in full prior to all other claims except taxes due the United States or the State which by statutory provision are prior liens on the assets and claims for wages of not more than $250 to each claimant earned within 6 months of the commencement of the proceeding. In the event of an employer’s adjudication in bankruptcy, judicially confirmed extension proposal or composition, under the Bankruptcy Reform Act of 1978 as amended [11 U.S.C. § 101 et seq.], assessments then or thereafter due shall be entitled to such priority as is provided by that Act for taxes due to a state of the United States.
19 Del. C. § 115 — Delaware Code / Title 19 / Chapter 1 / Section 115
§ Â
        115. Enforcement by Attorney General.
Status: in_force

It shall be the duty of the Attorney General of this State upon request of the Department of Labor, or any of its authorized representatives, to prosecute any violation of the law or of any rule which it is made the duty of the Department to enforce; provided the Department may, upon its own initiative, bring all necessary suits and institute such prosecutions as may be necessary properly to enforce this chapter, and shall not be required to give bond for costs or otherwise, in the event of appeal.
19 Del. C. § 1302 — Delaware Code / Title 19 / Chapter 13 / Section 1302
§ Â
        1302. Definitions.
Status: in_force

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

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

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

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

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

(f) “Confidential employee” means any employee whose essential job function and advanced knowledge about the issues involved in collective bargaining would make it unduly burdensome for the employer to negotiate effectively if the employee were a member of an appropriate bargaining unit.

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

(h) “Discretionary subject” means, for the State as an employer only, any subject covered by merit rules which apply pursuant to § 5938(c) of Title 29, and which merit rules have been waived by statute.

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

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

(k) “Fair share fee” means a fee that a nonmember shall be required to pay to the nonmember’s exclusive representative to offset the nonmember’s pro rata share of the exclusive representative’s expenditures. Such fee shall be equal in amount to regular membership dues that a member of the exclusive representative’s affiliated organizations, provided that the exclusive representative establishes and maintains a procedure by which any nonmember fee payer may obtain a rebate.

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

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

(n) “Nonmember” means an employee who is not a member of the exclusive representative but whom the exclusive representative is required to represent pursuant to this chapter.

(o) “Public employee” or “employee” means any employee of a public employer except:

(1) Any person elected by popular vote or appointed to office by the Governor;

(2) Any person who is a prisoner or inmate or who is otherwise held in lawful custody by an agency of the State;

(3) Any person appointed to serve on a board or commission;

(4) Any employee, as defined in Chapter 40 of Title 14 of a public school employer, as defined in Chapter 40 of Title 14;

(5) Any police officers and firefighters employed by the State or political subdivisions of the State or any agency thereof, or any municipal corporation, municipality, city or town located within the State or any agency thereof which, upon the affirmative legislative act of its common council or other governing body, has elected to come within Chapter 16 of this title, or which hereafter elects to come within Chapter 16 of this title. Any police officers and firefighters included in this subsection shall be subject to Chapter 16 of this title;

(6) Confidential employees of the public employer; and

(7) Supervisory employees of the public employer, provided however, that any supervisory position in a bargaining unit deemed to be appropriate prior to September 23, 1994, shall so continue, unless said unit is decertified in accordance with § 1311(b) of this title, or is modified in accordance with procedures authorized by § 1310(e) of this title.

(p) “Public employer” or “employer” means the State, any county of the State or any agency thereof, and/or any municipal corporation, municipality, city or town located within the State or any agency thereof, which upon the affirmative legislative act of its common council or other governing body has elected to come within the former Chapter 13 of this title or which hereafter elects to come within this chapter, or which employs 25 or more full-time employees.

(q) “Rebate” means that portion of a nonmember’s pro rata share of the expenditures of the exclusive representative which are not made for purposes pertaining to the collective bargaining process, contract administration or pursuit of matters affecting wages, hours and other conditions of employment.

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

(s) “Supervisory employee” means any employee of a public employer who has the authority, in the interest of the public employer, to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such actions, if the exercise of such authority is not a merely routine or clerical nature, but requires the use of independent judgment.

(t) “Terms and conditions of employment” means matters concerning or related to wages, salaries, hours, grievance procedures and working conditions; provided however, that such term shall not include those matters determined by this chapter or any other law of the State to be within the exclusive prerogative of the public employer.
19 Del. C. § 2376 — Delaware Code / Title 19 / Chapter 23 / Subchapter IV / Section 2376
§ Â
        2376. Evidence of compliance with self-insurance requirements.
Status: in_force

For the purpose of complying with § 2372 of this title, groups of employers may form mutual insurance associations under the laws of this State, subject to such reasonable conditions and restrictions as may be fixed by the Department. Membership in such mutual insurance associations, so approved, together with evidence of the payment of premium dues, shall be evidence of compliance with § 2372 of this title.
19 Del. C. § 3402 — Delaware Code / Title 19 / Chapter 34 / Section 3402
§ Â
        3402. Disbursement of special assessment funds.
Status: in_force

(a) All moneys collected under this chapter shall be deposited in the Special Administration Fund of the Department of Labor and shall be dedicated to the establishment and implementation of programs to provide for the counseling, training and placement of dislocated workers, to assist in school-to-work transition activities such as vocational guidance, training, placement and job development, to provide for industrial training, to provide for career advancement training for state employees and to pay the administrative costs of such programs.

(b) All moneys collected under this chapter shall, in a timely manner after deposit under subsection (a) of this section, be deposited to the following special funds in the following amounts and for the following purposes:

(1) Ten percent of the total amount collected retained by the Division of Unemployment Insurance for costs associated with the collection of the tax.

(2) a. Twenty-five percent of the funds that remain after the cost of collecting the tax has been deducted to a special fund of the State to be administered by the Division of Small Business to be awarded to appropriate subgrantees for industrial training for economic development in accordance with subchapter VIII of Chapter 87A of Title 29.

b. Of this 25 percent sum, not more than $100,000 shall be allocated for subgrants to fund career training for state employees. Appropriate regulations for the granting of these funds shall be developed by the Division of Small Business, in cooperation with the Secretary of the Department of Human Resources and a representative of a public employees’ union representing state employees.

c. Of this same 25 percent sum, no more than 10 percent may be retained by the Division of Small Business for the payment of administrative costs.

(3) a. Seventy-five percent of the funds remaining after the cost of collecting the tax has been deducted to a special fund to be administered by the Workforce Development Board (“Board”) to be awarded to appropriate subgrantees to provide for services to dislocated workers, to assist in school-to-work transition activities and to underwrite such other innovative training programs as the Board may approve, under regulations promulgated by the Board in coordination with the Department of Labor.

b. Not more than 11% of the 75% sum under paragraph (b)(3)a. of this section may be retained by the administrative entity, the Division of Employment and Training and the Workforce Development Board, for the payment of administrative costs. Of the sum that remains, not more than ½ may be used for subgrants for school-to-work transition activities.

(c) The special funds authorized by paragraphs (b)(1), (2) and (3) of this section shall be established pursuant to state accounting standards, and balances on deposit at the end of any fiscal year shall not revert.
19 Del. C. § 735 — Delaware Code / Title 19 / Chapter 7 / Subchapter IV / Section 735
§ Â
        735. Refusing employee access; penalty; jurisdiction of violations.
Status: in_force

(a) Any employer who refuses an employee access to personnel files as provided in this subchapter shall be deemed in violation of this subchapter and shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. A civil penalty claim may be filed in any court of competent jurisdiction.

(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 subchapter, or because the employee has caused to be instituted or is about to cause to be instituted any proceedings under this subchapter, or has testified or is about to testify in any such proceedings, shall be deemed in violation of this subchapter and shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.
19 Del. C. § 1319 — Delaware Code / Title 19 / Chapter 13 / Section 1319
§ Â
        1319. Fair share fees.
Status: in_force

(a) Where the provisions of a collective bargaining agreement so provide, a public employer shall deduct a fair share fee from each nonmember’s salary or wages and promptly transmit this amount to the exclusive representative.

(b) As a precondition to the collection of fair share fees, the exclusive representative shall establish and maintain a procedure that:

(1) Provides nonmembers with an adequate explanation of the basis for the fee and any rebate;

(2) Provides nonmembers with a reasonably prompt opportunity to challenge the amount of the fee and any rebate before an impartial decision maker; and

(3) Provides an escrow for the amounts reasonably in dispute while such challenges are pending.

A public employer shall not refuse to carry out its obligations under subsection (a) of this section on the grounds that the exclusive representative has not satisfied its responsibilities under this subsection.

(c) In order to avoid undue delays in the receipt of and determination of the validity of fair share fees or rebates, any suit challenging a fair share fee or rebate must be filed within 6 months after receipt of the notice described in subsection (b) of this section or within 6 months after the nonmember exhausts the procedure described in subsection (b) of this section, whichever is later.
19 Del. C. § 1604 — Delaware Code / Title 19 / Chapter 16 / Subchapter I / Section 1604
§ Â
        1604. Employee organization as exclusive representative.
Status: in_force

(a) The employee organization designated or selected for the purpose of collective bargaining by the majority of the employees in an appropriate collective bargaining unit shall be the exclusive representative of all the employees in the unit for such purpose and shall have the duty to represent all unit employees without discrimination. Where an exclusive representative has been certified, a public employer shall not bargain in regard to matters covered by this chapter with any employee, group of employees or other employee organization.

(b) Nothing contained in this section shall prevent employees individually, or as a group, from presenting complaints to a public employer and from having such complaints adjusted without the intervention of the exclusive representative for the bargaining unit of which they are a part, as long as the representative is given an opportunity to be present at such adjustment and to make its view known, and as long as the adjustment is not inconsistent with the terms of an agreement between the public employer and the exclusive representative which is then in effect. The right of the exclusive representative shall not apply where the complaint involves matters of personal, embarrassing and confidential nature, and the complainant specifically requests, in writing, that the exclusive representative not be present.

(c) Any employee organization which has been certified as an exclusive representative shall have the right to have its dues deducted and collected by the employer from the salaries of those employees within the bargaining unit who authorize, in writing, the deduction of said dues. Such authorization is revocable at the employee’s written request. Said deductions shall commence upon the exclusive representative’s written request to the employer. Such right to deduction shall be in force for so long as the employee organization remains the exclusive bargaining representative for the employees in the unit. The public employer is expressly prohibited from any involvement in the collection of fines, penalties or special assessments levied on members by the exclusive representative.
19 Del. C. § 3352 — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3352
§ Â
        3352. Joint accounts of employers.
Status: in_force

The Department may prescribe regulations for the establishment, maintenance and dissolution of joint accounts by 2 or more employers subject to assessments required by § 3345(a) of this title, and shall, in accordance with such regulations and upon application by 2 or more employers to establish such an account or to merge their several individual accounts in a joint account, maintain such joint account as if it constituted a single employer’s account.

Group accounts for 20 or more employers that have become liable for payments in lieu of assessments are prescribed in § 3345(b)(6) of this title.
19 Del. C. § 1307 — Delaware Code / Title 19 / Chapter 13 / Section 1307
§ Â
        1307. Unfair labor practices.
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, except with respect to a discretionary subject.

(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 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 meal period or duty-free periods 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 interfere with the entrance to or egress from any place of employment.
19 Del. C. § 1622 — Delaware Code / Title 19 / Chapter 16 / Subchapter II / Section 1622
§ Â
        1622. Waiver of overtime compensation [Effective upon enactment of comparable federal law].
Status: in_force

The employer of a firefighter or member of a rescue squad shall not be required to pay a firefighter or member overtime compensation:

(1) When the firefighter or member volunteered their services to the employer; and

(2) For which the firefighter or member signed a legally binding waiver of such compensation.
19 Del. C. § 709B — Delaware Code / Title 19 / Chapter 7 / Subchapter I / Section 709B
§ Â
        709B. Unlawful employment practices; compensation history
Status: in_force

(a) Definitions. —

For the purposes of this section:

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

(2) “Compensation” includes monetary wages as well as benefits and other forms of compensation.

(b) It shall be an unlawful employment practice for an employer or an employer’s agent to:

(1) Screen applicants based on their compensation histories, including by requiring that an applicant’s prior compensation satisfy minimum or maximum criteria.

(2) Seek the compensation history of an applicant from the applicant or a current or former employer.

(c) For the purposes of this section, if an employer can demonstrate that the employer’s agent, who is not an employee, was informed of the requirements of this section and instructed to comply by the employer, then the employer is not liable for actions taken by the agent in violation of this section.

(d) Nothing in this section prohibits an employer or an employer’s agent and an applicant from discussing and negotiating compensation expectations provided that the employer or employer’s agent does not request or require the applicant’s compensation history.

(e) Nothing in this section prohibits an employer or an employer’s agent from seeking the applicant’s compensation history after an offer of employment with terms of compensation has been extended to the applicant and accepted, for the sole purpose of confirming the applicant’s compensation history.

(f) The Department of Labor shall post the requirements of this section on its website and shall perform outreach as necessary to educate employers of the requirements of this section.

(g) Enforcement. —

The Department of Labor has the same powers under this section as given in § 1111 of this title.

(h) Penalties. —

(1) Any employer or employer’s agent who violates or fails to comply with any requirement of this section shall be deemed in violation of this section and shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for the first offense and not less than $5,000 nor more than $10,000 for each subsequent violation.

(2) For penalty purposes, any actions by an employer or employer’s agent that violate the provisions of paragraph (b)(1) or (b)(2) of this section that pertain to interviewing and hiring for a single position shall constitute a single violation.

(3) A civil penalty claim may be filed in any court of competent jurisdiction.
19 Del. C. § 3802 — Delaware Code / Title 19 / Chapter 38 / Section 3802
§ Â
        3802. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Board” means the Delaware EARNS Program Board established under § 3803 of this title.

(2) “Covered employee” means an individual who is employed by a covered employer, and who has wages or other compensation allocable to the State. The Board may limit through regulation eligibility for specific categories of employees in order to avoid creating accounts that could increase administrative or management fees associated with available investment options. “Covered employee” does not include:

a. Any individual who is an employee of the federal government, the State or any other state, any county or municipal corporation, or any of the State’s or any other state’s agencies or instrumentalities.

b. Any employee covered under the federal Railway Labor Act [45 U.S.C. § 151 et seq.].

c. Any employee on whose behalf an employer makes contributions to a Taft-Hartley multiemployer pension plan [29 U.S.C. § 1002(37)].

d. Any employee who is ineligible for covered employee status under regulations promulgated by the Board.

e. Any employee under the age of 18.

(3) “Covered employer” means any person, partnership, limited liability company, corporation, or other entity engaged in a business, industry, profession, trade, or other enterprise in the State, including a nonprofit entity, that employs, and during the previous calendar year employed, at least 5 covered employees, and that has been in business in this State for at least 6 months in the immediately preceding calendar year. “Covered employer” does not include:

a. The federal government, the State, any other state, any county, any municipal corporation, or any of the State’s or another state’s agencies or instrumentalities.

b. Any employer that maintains a specified tax-favored retirement plan.

(4) “ERISA” means the federal Employee Retirement Income Security Act of 1974 [29 U.S.C. § 1001 et seq.], as amended.

(5) “Internal Revenue Code” means the federal Internal Revenue Code of 1986 [26 U.S.C. § 1 et seq.], as amended, or any successor law, in effect for the calendar year.

(6) “IRA” means a traditional or Roth individual retirement account or individual retirement annuity described in § 408(a), § 408(b), or § 408A of the Internal Revenue Code [26 U.S.C. § 408(a), § 408(b) or § 408A].

(7) “Participant” means any individual who is contributing to, or has a balance credited to, an IRA under the Program.

(8) “Participating employer” means a covered employer that makes the Program available to its employees through payroll deduction IRA arrangements under this chapter.

(9) “Payroll deduction IRA arrangement” means an arrangement by which a participating employer makes payroll deductions authorized by this chapter and remits the amounts deducted as contributions to IRAs on behalf of participants.

(10) “Plans Management Board” means the Board established by § 2722 of Title 29 to manage specified plans and programs created under the laws of this State.

(11) “Program” means the EARNS Program established by this chapter. Except as otherwise specified, references to the Program throughout this chapter also mean the trust, including trust assets, facilities, costs and expenses, receipts, expenditures, activities, operations, administration, and management.

(12) “Program expenses” means all fees, costs, and expenses of the State related to the Program, including administrative expenses, investment expenses, consulting fees, accounting costs, auditing costs, legal fees and costs, marketing expenses, education expenses, and other miscellaneous costs incurred in the implementation and continuation of the Program.

(13) “Roth IRA” means an IRA described in § 408A of the Internal Revenue Code [26 U.S.C. § 408A].

(14) “Specified tax-favored retirement plan” means a retirement plan that is an automatic enrollment payroll deduction IRA applicable to all covered employees and meeting all other qualifications that may be established by the Board, or a retirement plan qualified under, or described in, and in compliance with § 401(a), § 401(k), § 403(b), § 408(k), or § 408(p) of the Internal Revenue Code [26 U.S.C. § 401(a), § 401(k), § 403(b), § 408(k), or § 408(p)].

(15) “Traditional IRA” means an IRA described in § 408(a) or (b) of the Internal Revenue Code [26 U.S.C. § 408(a), (b)].

(16) “Trust” means the trust in which assets of the Program are to be held, including contributions and investment earnings.

(17) “Wages” means any commission, compensation, salary or other remuneration, as defined by § 219(f)(1) of the Internal Revenue Code [26 U.S.C. § 219(f)(1)] received by a participant from a participating employer.
19 Del. C. § 2325 — Delaware Code / Title 19 / Chapter 23 / Subchapter II / Section 2325
§ Â
        2325. Compensation during partial disability.
Status: in_force

For injuries resulting in partial disability for work, except the particular cases mentioned in § 2326(a)-(g) of this title, the compensation to be paid shall be 662/3 percent of the difference between the wages received by the injured employee before the injury and the earning power of the employee thereafter; but such compensation shall not be more than 662/3 percent of the average weekly wage per week as announced by the Secretary of Labor for the last calendar year for which a determination of the average weekly wage has been made. This compensation shall be paid during the period of such partial disability for work, not, however, beyond 300 weeks. In construing the words “earning power of the employee thereafter” as those words appear in this section, the Board shall take into consideration the value of gratuities, board, lodging and similar advantages received by the employee in subsequent employment.
19 Del. C. § 3343 — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3343
§ Â
        3343. Election of employer to be covered by this chapter.
Status: in_force

(a) An employing unit, not otherwise subject to this chapter, which files with the Department its written election to become an employer subject to this chapter for not less than 2 calendar years, shall, with the written approval of such election by the Department, become an employer subject to this chapter to the same extent as all other employers, as of the date stated in such approval, and shall cease to be subject to this chapter as of January 1 of any calendar year subsequent to such 2 calendar years, if, at least 30 days prior to such January 1, it has filed with the Department a written notice to that effect.

(b) Any employing unit for which services that do not constitute employment as defined in this chapter are performed may file with the Department a written election that all such services performed by individuals in its employ in 1 or more distinct establishments or places of business shall be deemed to constitute employment for all purposes of this chapter for not less than 2 calendar years. Upon the written approval of such election by the Department, such services shall be deemed to constitute employment subject to this chapter from and after the date stated in such approval. Such services shall cease to be deemed employment subject to this chapter as of January 1 of any calendar year subsequent to such 2 calendar years, if at least 30 days prior to such January 1 such employing unit has filed with the Department a written notice to that effect.
19 Del. C. § 3123 — Delaware Code / Title 19 / Chapter 31 / Subchapter II / Section 3123
§ Â
        3123. Recommendations for legislation.
Status: in_force

Whenever the Department believes that a change in assessment or benefit rates will become necessary to protect the solvency of the Fund, it shall promptly so inform the Governor and the General Assembly and make recommendations with respect thereto.
19 Del. C. § 2301 — Delaware Code / Title 19 / Chapter 23 / Subchapter I / Section 2301
§ Â
        2301. Definitions.
Status: in_force

As used in this chapter:

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

(2) “Child” includes stepchildren and adopted children and children to whom the deceased stood in loco parentis if members of the decedent’s household at the time of the decedent’s death, and includes posthumous children but not married children.

(3) “Compensable ionizing radiation injury” means any harmful change in the human organism including damage to or loss of a prosthetic appliance arising out of and in the course of employment and caused by exposure to ionizing radiation which renders the injured party disabled within the meaning of §§ 2324 and 2325 of this title and/or permanently injured within the meaning of § 2326 of this title.

(4) “Compensable occupational diseases” includes all occupational diseases arising out of and in the course of employment only when the exposure stated in connection therewith has occurred during employment.

(5) “Compensation” wherever the context requires it includes surgical, medical and hospital services, medicines and supplies and funeral benefits provided for in this chapter. Nothing in this chapter shall be construed to require a worker who in good faith relies on or is treated by prayer or spiritual means by a duly accredited practitioner of a well-known church to undergo any medical or surgical treatment, nor shall such worker or the worker’s dependents be deprived of any compensation payments to which the worker would have been entitled if medical or surgical treatment were employed.

(6) “Death” when mentioned as a cause for compensation under this chapter means death resulting from violence to the physical structure of the body and its resultant effect when reasonably treated and occurring within 285 weeks after the accident, and compensable occupational diseases, as defined in this section, arising out of and in the course of the employment, provided that if death shall occur beyond 285 weeks after the accident, the Board may consider such death as a cause for compensation when the Board has a medical history on the case resulting from the payment of compensation for the injury which is alleged to have caused the death.

(7) “Deductible clause” shall mean a clause in an agreement between an employer and an insurer that the employer shall be liable for a specified initial amount, per occurrence or per employee, of each claim, loss or liability; but that the insurer shall be liable for any excess liability up to and including the maximum amount permitted by law.

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

(9) “Dependent” includes all persons other than the injured employee who are entitled to compensation under the elective schedule set forth in this chapter, and wherever the context requires it, includes the personal representatives and the surviving spouse of the deceased, and guardians of infants or trustees for incompetent persons.

(10) “Employee” means every person in service of any corporation (private, public, municipal or quasi-public), association, firm or person, excepting those employees excluded by this subchapter, under any contract of hire, express or implied, oral or written, or performing services for a valuable consideration, excluding spouse and minor children of a farm employer unless the spouse or minor child is a bona fide employee of a farm employer and is named in an endorsement to the farm employer’s contract of insurance, and excluding any person whose employment is casual and not in the regular course of the trade, business, profession or occupation of the employee's employer, and not including persons to whom articles or materials are furnished or repaired, or adopted for sale in the worker’s own home, or on the premises not under the control or management of the employer. “Casual employment,” as used in this paragraph (10), means employment for not over 2 weeks or a total salary during the employment not to exceed $100 and, subject to the above, repairs and maintenance of employer’s regular business shall not be construed as casual employment; except, however, that everyone assigned to work under §§ 901-905 of Title 31 is specifically designated an employee, notwithstanding any provisions of this section to the contrary. Inmates in the custody of the Department of Correction or inmates on work release who participate in the Prison Industries Program or other programs sponsored for inmates by the Department of Correction pursuant to Chapter 65 of Title 11 or other applicable Delaware law shall not be considered employees of the State for purposes of this title or otherwise be eligible for workers’ compensation benefits unless said inmate is employed by an employer other than the State or a political subdivision thereof. Any person providing services as a sports official at a sports event in which the players are not compensated shall not be considered employees under this title. For purposes of this title “sports officials” includes an umpire, referee, judge, scorekeeper, timekeeper, organizer, or other person who is a neutral participant in a sports event. This exclusion does not apply to workers’ compensation claims against schools, associations of schools or other organizations sponsoring a sports contest where the claimant is a sports official who is a regular employee of such school, association of schools, or other organization sponsoring the sports contest.

(11) “Employer” includes all those who employ others unless they are excluded from the application of this chapter by any provision of this subchapter, and if the employer is insured, the term shall include the insurer as far as practicable; employer shall also include the governing body for which employable relief recipients are assigned work under §§ 901-905 of Title 31.

(12) “Executive officers” means the president, any vice-president, secretary, treasurer or any other executive officer elected and empowered by the board of directors in accordance with the charter and the regularly adopted bylaws of the corporation.

(13) “Health-care provider” shall refer to any health-care provider who is licensed by the State of Delaware to provide health-care services, irrespective of whether the particular services provided under the Delaware workers’ compensation system are rendered within or outside the State.

(14) “Hearing officer” means a hearing officer pursuant to § 2301B of this title.

(15) “Immediate family” means a parent, spouse, child or sibling of a sole proprietor or partner.

(16) “Injury” and “personal injury” mean violence to the physical structure of the body, such disease or infection as naturally results directly therefrom when reasonably treated and compensable occupational diseases and compensable ionizing radiation injuries arising out of and in the course of employment.

(17) “Insurance carrier” means any insurance corporation, mutual association or company or interinsurance exchange which insures employers against liability under this chapter or against liability at common law for accidental injuries to employees.

(18) “Ionizing radiation” means any particulate or electromagnetic radiation capable of producing ions directly or indirectly in its passage through matter.

(19) “Personal injury sustained by accident arising out of and in the course of the employment”:

a. Shall not cover an employee except while the employee is engaged in, on or about the premises where the employee’s services are being performed, which are occupied by, or under the control of, the employer (the employee’s presence being required by the nature of the employee’s employment), or while the employee is engaged elsewhere in or about the employer’s business where the employee’s services require the employee’s presence as a part of such service at the time of the injury, provided, however, that participation in an approved Travelink Traffic Mitigation Act program, created pursuant to subchapter IV of Chapter 20 of Title 30, shall not be construed as meeting either exception contained in this paragraph; and

b. Shall not include any injury caused by the wilful act of another employee directed against the employee by reasons personal to such employee and not directed against the employee as an employee or because of the employee’s employment.

c. Shall, however, cover any personal injury to an off-duty employee of the State who demonstrates by a preponderance of the evidence that the injury was the result of an intentional act by a person associated with the employee in that employee’s official capacity who committed the act because of that association. It is an affirmative defense in the case of an off-duty injury that the injured employee initiated the incident that resulted in the injury.

(20) “Services” and “supplies” mean all treatments and apparatus, including glasses, artificial members, shoes and other corrective appliances made necessary by reason of the injuries sustained.

(21) “Wilful self-exposure to occupational diseases” includes:

a. Failure or omission to observe such rules and regulations as may be promulgated and posted in the plant by the employer tending to the prevention of occupational diseases; and

b. Failure or omission to truthfully state to the best of the employee’s knowledge, in answer to inquiry made by the employer, the location, duration and nature of previous employment of the employee in which the employee was exposed to any occupational diseases.
19 Del. C. § 2392 — Delaware Code / Title 19 / Chapter 23 / Subchapter V / Section 2392
§ Â
        2392. Assessments for administrative expenses on insurance carriers.
Status: in_force

(a) For the purpose of securing to the State the moneys necessary for paying the salaries and necessary expenses of the State in administering and carrying out Part II of this title relating to worker’s compensation, insurance carriers shall pay the assessments imposed by this section.

(b) Semi-annually, on or before September 30 and March 31, every insurance carrier, insuring employees who are or may be liable under this chapter to pay for compensation for personal injuries to or death of their employees, shall report, under oath, or, in the case of a corporation, verified by the affidavit of its president and secretary or other chief officers or agents, to the Department, the amount of all compensation payments and awards actually paid by said carrier during the preceding calendar year, excluding payments made under § 2395 of this title and reimbursements received under § 2396 of this title.

(c) The Division of Industrial Affairs semi-annually as soon as practicable after January 1, 1996 and July 1 shall ascertain and report to the Secretary of Finance the total amount of the following expenses:

(1) 100% of the expenses of the Office of Workers’ Compensation, including the Industrial Accident Board;

(2) 100% of all expenses of the inspection function of the Division of Industrial Affairs;

(3) 100% of all expenses of the safety function of the Division of Industrial Affairs; and

(4) a. A portion of the Division of Industrial Affairs’ administration costs which shall be computed by first adding paragraphs (c)(1), (2) and (3) of this section set forth immediately above; this sum shall then be divided by the amount of all expenses of the Division of Industrial Affairs; the quotient yielded shall be set forth as a percentage rate which shall then be multiplied by the total expenses of the administrative function of the Division of Industrial Affairs, and the product shall be the portion of the Division’s administration costs.

b. In determining these expenses, the Division of Industrial Affairs shall include in addition to the direct cost of personal service, the cost of maintenance and operation, the cost of retirement contributions made and workers’ compensation premiums paid by the State for and on account of personnel, rentals for space occupied in state-owned or state-leased buildings and all other direct and indirect costs incurred during the preceding calendar year. An itemized statement of the expenses so ascertained shall be open to public inspection in the office of the Department from January 16 to January 31 and from July 16 to July 31 at which time any insurance carrier may challenge said amount of expenses. An appeal of said expenses must be made in writing and received by the Secretary of Labor within 5 days of the closing date of the inspection period. The Secretary or the Secretary’s designee shall render a decision of the appeal in writing.

(d) The Department shall then determine for each insurer the proportion/percentage of the expense determined in subsection (c) of this section that the total compensation or payments made by each insurer bore to the total of such expenses. Using these proportions/percentages, the Department shall then assess each insurer its proportion/percentage of such expenses. The amounts so secured shall be paid to the Department of Labor, Division of Industrial Affairs for the expenses of administering this chapter. Such sums shall not be part of the General Fund of the State.
19 Del. C. § 2391 — Delaware Code / Title 19 / Chapter 23 / Subchapter V / Section 2391
§ Â
        2391. Taxes on premiums of insurance carriers and payrolls of self-insurers.
Status: in_force

(a) For the privilege of carrying on the business of workers’ compensation insurance in this State, every insurance carrier shall pay the taxes imposed under the Insurance Code, and every employer carrying the employer’s own risk and thereby insuring the employer’s own self under this chapter shall pay the taxes imposed by this section.

(b) Every employer carrying the employer’s own risk, and thereby insuring the employer’s self under this chapter, shall annually on or before January 30 report under oath to the Department the total amount of the employer’s payroll for the preceding calendar year, classified in accordance with classifications approved by the Department for the purpose of fixing compensation rates. The Department may verify such classifications and such statement of payroll by inspection and audit at the expense of the employer, and such verification shall be made by the rating bureau or association provided for in § 2607 of Title 18. The charges to self-insurers shall be the same charges which other insurance carriers are required to pay under this chapter. The Department shall assess against such payroll a tax computed by taking 4% of the amount of premium payable upon the payroll so ascertained in accordance with the classifications and premium rates approved by the Department for insurance against liability under this chapter. No employer shall become or continue a self-insurer under this chapter, except upon the payment of the tax for the previous calendar year. The moneys so assessed against and paid by insurers who carry their own risks shall be paid to the Department of Labor, Division of Industrial Affairs. Such sums shall be part of the General Fund of this State.
19 Del. C. § 3502 — Delaware Code / Title 19 / Chapter 35 / Section 3502
§ Â
        3502. Application.
Status: in_force

This chapter applies only to the construction services industry.
19 Del. C. § 701 — Delaware Code / Title 19 / Chapter 7 / Subchapter I / Section 701
§ Â
        701. Order on employer to pay employeeâs loan carrying excessive interest rate; penalty for payment.
Status: in_force

(a) No employer in this State shall knowingly pay any warrant or order due any person for borrowed money where more than the lawful rate of interest has been received or charged for the money borrowed.

(b) Any employer, whether an individual, member of a firm, agent or officer of a corporation, who shall knowingly violate this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. A civil penalty claim may be filed in any court of competent jurisdiction.
19 Del. C. § 1910 — Delaware Code / Title 19 / Chapter 19 / Section 1910
§ Â
        1910. Civil penalty.
Status: in_force

(a) An employer who fails to give notice as required by this chapter is subject to a civil penalty of $1,000 per day of violation or $100 per day of violation per dislocated worker, whichever is greater. The employer is not subject to a civil penalty under this section if the employer pays to all applicable employees the amounts for which the employer is liable under this chapter within 3 weeks from the date the employer orders the mass layoff, plant closing, or relocation if any of the above will cause an employment loss. Any penalty received will be deposited into the Employment and Training WARN Account.

(b) The total amount of penalties for which an employer may be liable under this section shall not exceed the maximum amount of penalties for which the employer may be liable under federal law for the same violation.

(c) Any penalty amount paid by the employer under federal law shall be considered a payment made under this chapter.

(d) If an employer proves to the satisfaction of the Secretary that the act or omission that violated this chapter was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of this chapter, the Secretary may in the Secretary's discretion reduce the amount of the penalty provided for in this section. In determining the amount of such reduction, the Secretary shall consider the following:

(1) The size of the employer.

(2) The hardships imposed on employees by the violations.

(3) Any efforts by the employer to mitigate the violation.

(4) The grounds for the employer’s belief.
19 Del. C. § 3382 — Delaware Code / Title 19 / Chapter 33 / Subchapter V / Section 3382
§ Â
        3382. Violations by employing units; penalties.
Status: in_force

Any employing unit or any officer or agent of an employing unit or any other person who makes a false statement or representation knowing it to be false or who knowingly fails to disclose a material fact to prevent or reduce the payment of benefits to any individual entitled thereto or to avoid becoming or remaining subject hereto or to avoid or reduce any assessment or other payment required from an employing unit under this chapter or who wilfully fails or refuses to make any such assessments or other payment or to furnish any reports required hereunder or to produce or permit the inspection or copying of records as required hereunder shall be fined not less than $23 nor more than $230 or imprisoned not more than 60 days, or both. Each such false statement or representation or failure to disclose a material fact and each day of such failure or refusal shall constitute a separate offense.
19 Del. C. § 2375 — Delaware Code / Title 19 / Chapter 23 / Subchapter IV / Section 2375
§ Â
        2375. Certificate of self-insurance; revocation.
Status: in_force

Whenever an employer has complied with § 2372 of this title relating to self-insurance, the Department shall issue to such employer a certificate which shall remain in force for a period fixed by the Department. The Department may however, upon at least 60 days’ notice and a hearing to the employer, revoke the certificate upon presentation of satisfactory evidence for such revocation. After the expiration of 1 year from such revocation, the Department may grant a new certificate to the employer upon the employer’s petition.
19 Del. C. § 715 — Delaware Code / Title 19 / Chapter 7 / Subchapter II / Section 715
§ Â
        715. Judicial remedies; civil penalties.
Status: in_force

(a) Superior Court shall have jurisdiction over all proceedings brought by the charging party under § 714 of this title. Superior Court may excuse a charging party who has complied with the compulsory conciliation provisions of this chapter from the compulsory arbitration provisions of Superior Court rules.

(b) Superior Court may order any of the following:

(1) That the respondent cease and desist or modify its existing employment policies.

(2) That the respondent hire, reinstate, or promote the charging party.

(3) The payment of any of the following:

a. Compensatory damages.

b. Punitive damages.

c. Special damages, including back pay and interest on back pay.

d. Front pay.

(4) Equitable relief provided under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5.

(5) The costs of litigation and reasonable attorney’s fees to the prevailing party.

(c) An award of compensatory or punitive damages, or both, under paragraph (b)(3)a. or b. of this section, may not exceed the following:

(1) For a respondent with 4 through 14 employees, $50,000.

(2) For a respondent with 15 through 100 employees, $75,000.

(3) For a respondent with 101 through 200 employees, $175,000.

(4) For a respondent with 201 through 500 employees, $300,000.

(5) For a respondent with more than 500 employees, $500,000.

(d) In any action brought by the Department for violation of the retaliation provision of § 711(g) of this title, the Court shall fine the employer not less than $1,000 nor more than $5,000 for each violation, in addition to any liability for damages under this section.
19 Del. C. § 3704 — Delaware Code / Title 19 / Chapter 37 / Section 3704
§ Â
        3704. Amount of benefits.
Status: in_force

(a) The amount of family and medical leave benefits is to be determined as follows:

(1) The weekly benefit must be 80% of the covered individual’s average weekly wages rounded up to the nearest even $1.00 increment during the 12 months preceding submission of the application.

(2) The minimum weekly benefit may not be less than $100 a week, except that if the covered individual’s average weekly wage is less than $100 a week, the weekly benefit must be the covered individual’s full wage.

(3) The maximum weekly benefit in 2026 and 2027 must be $900. In each year after 2027, the maximum weekly benefit must increase in proportion to the annual average increase, if any, in the Consumer Price Index for All Urban Consumers, Philadelphia-Camden-Wilmington Metropolitan area that is published by the Bureau of Labor Statistics of the United States Department of Labor. In each year after 2027, the period of change must be calculated from October 2026 to the October before the start of the calendar year. When the Department determines a maximum weekly benefit amount using the Consumer Price Index under this paragraph (a)(3), the amount must be rounded to the nearest even $5.00 increment as determined in the discretion of the Secretary.

(b) Family and medical leave benefits are not payable for less than 1 work day of covered leave taken in 1 work week.

(c) The Department shall determine, by regulation, how benefits are to be calculated for covered individuals with more than 1 source of wages and when 12 months of wages preceding the submission of application for benefits are not available to the Department.

(d) An individual filing a new claim for family and medical leave benefits shall, at the time of filing such claim, disclose whether the individual owes child support obligations. If the individual owes child support obligations, and the individual is eligible for family and medical leave benefits, the Department must notify the state or local child support enforcement agency enforcing such obligation that the individual has been determined to be eligible for family and medical leave benefits and must deduct and withhold such child support obligations from the individual’s family and medical leave benefit amount.

(1) Any amount deducted pursuant to this subsection must be paid by the Department to the appropriate state or local child support enforcement agency and for all purposes be treated as if it were paid to the individual as family and medical leave benefits.

(2) This subsection applies only if the state or local child support enforcement agency makes appropriate arrangements for reimbursement for the administrative costs incurred by the Department under this subsection that are attributable to child support obligations being enforced by the state or local child support enforcement agency.

(3) Under this section, “child support obligation” includes only obligations that are being enforced pursuant to a plan described in § 454 of the Social Security Act (42 U.S.C. § 654) which has been approved by the Secretary of Health and Human Services under Part D of Title IV of the Social Security Act (42 U.S.C. § 651 et seq.).

(4) Under this section, “state or local child support enforcement agency” means any agency of a state or a political subdivision thereof operating pursuant to a plan described in paragraph (d)(3) of this section.
19 Del. C. § 3131 — Delaware Code / Title 19 / Chapter 31 / Subchapter II / Section 3131
§ Â
        3131. Reciprocal arrangements with state or federal agencies.
Status: in_force

(a) The Department may enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the federal government or both whereby:

(1) Services performed by an individual for a single employing unit for which services are customarily performed in more than 1 state shall be deemed to be services performed entirely within any 1 of the states (A) in which any part of such individual’s service is performed or (B) in which such individual has residence or (C) in which the employing unit maintains a branch office or its principal place of business, if there is in effect, as to such services, an election, approved by the agency charged with the administration of such state’s unemployment compensation law, pursuant to which all the services performed by such individual for such employing unit are deemed to be performed entirely within such state;

(2) Potential rights to benefits accumulated under the unemployment compensation laws of 1 or more states or under 1 or more such laws of the federal government, or both, may constitute the basis for the payment of benefits through a single appropriate agency under terms which the Department finds will be fair and reasonable as to all affected interests and will not result in any substantial loss to the Fund;

(3) The Department shall participate in any arrangement for the payment of compensation on the basis of combining an individual’s wages and employment covered under this part with the wages and employment covered under the unemployment compensation laws of other states or of the federal government which are approved by the United States Secretary of Labor in consultation with the state unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in such situations and which includes provisions for:

a. Applying the base period of a single state law to a claim involving the combining of an individual’s wages and employment covered under 2 or more state unemployment compensation laws; and

b. Avoiding the duplicate use of wages and employment by reason of such combining;

(4) Assessments due under this part with respect to wages for insured work shall for the purposes of §§ 3357-3365 of this title be deemed to have been paid to the fund as of the date payment was made as assessments therefor under another state or federal unemployment compensation law but no such arrangement shall be entered into unless it contains provisions for such reimbursement to the fund of such assessments and the actual earnings thereon as the Department finds will be fair and reasonable as to all affected interests.

(b) Reimbursements paid from the Fund pursuant to paragraph (a)(3) of this section shall be deemed to be benefits for the purpose of §§ 3161-3163 and 3313 of this title, but no reimbursement payable from the Fund shall be charged against any employer’s account for the purposes of §§ 3345-3356 of this title. The Department may make to other state or federal agencies and receive from such other state or federal agencies reimbursements from or to the Fund, in accordance with arrangements entered into pursuant to subsection (a) of this section.

(c) The administration of this part and of other state and federal unemployment compensation and public employment service laws will be promoted by cooperation between this State and such other states and the appropriate federal agencies in exchanging service and making available facilities and information. The Department may, therefore, make such investigations, secure and transmit such information, make available such services and facilities and exercise such of the other powers provided herein with respect to the administration of this part as it deems necessary or appropriate to facilitate the administration of any such unemployment compensation or public employment service law, and, in like manner, may accept and utilize information, services and facilities made available to this State by the agency charged with the administration of any such other unemployment compensation or public employment service law.

(d) To the extent permissible under the laws and Constitution of the United States, the Department may enter into or cooperate in arrangements whereby facilities and services provided under this part and facilities and services provided under the unemployment compensation law of any foreign government may be utilized for the taking of claims and the payment of benefits under the employment security law of this State or under a similar law of such government.
19 Del. C. § 3104 — Delaware Code / Title 19 / Chapter 31 / Subchapter I / Section 3104
§ Â
        3104. Chairperson; selection and duties.
Status: in_force

The Board shall have a Chairperson who shall be designated by the Governor from among its members. Whenever the term of the Chairperson expires or whenever there is a vacancy in such office for any cause, the Governor shall designate a new Chairperson.
19 Del. C. § 3721 — Delaware Code / Title 19 / Chapter 37 / Section 3721
§ Â
        3721. Reports.
Status: in_force

Beginning in 2027, the Department shall report to the General Assembly by April 1 of each year on projected and actual program participation by purpose under § 3702(a) of this title, gender of beneficiary, Fund balances, outreach efforts, and total utilization and amounts paid out of the Fund by category.
19 Del. C. § 736 — Delaware Code / Title 19 / Chapter 7 / Subchapter IV / Section 736
§ Â
        736. Safe destruction of records containing personal identifying information.
Status: in_force

(a) Definitions. — (1) “Personal identifying information” means an employee’s first name or first initial and last name in combination with any 1 of the following data elements that relate to the employee, when either the name or the data elements are not encrypted: Social Security number, passport number, driver’s license or state identification card number, insurance policy number, financial services account number, bank account number, credit card number, debit card number, tax or payroll information or confidential health care information.

(2) “Record” means information that is inscribed on a tangible medium, or that is stored in an electronic or other medium and is retrievable in perceivable form on which personal identifying information is recorded or preserved. “Record” does not include publicly available directories or sources containing information an employee has voluntarily consented to have publicly disseminated or listed or which is disseminated as provided for by applicable law or regulation, such as name, address, or telephone number, or other directories or sources as are derived solely from such directories or sources.

(b) In the event that an employer seeks permanently to dispose of records containing employees’ personal identifying information within its custody and control, such employer shall take all reasonable steps to destroy or arrange for the destruction of each such record by shredding, erasing, or otherwise destroying or modifying the personal identifying information in those records to make it unreadable or indecipherable.

(c) An employee who incurs actual damages due to a reckless or intentional violation of this section may bring a civil action against the employer.
19 Del. C. § 3719 — Delaware Code / Title 19 / Chapter 37 / Section 3719
§ Â
        3719. Penalties.
Status: in_force

(a) An employer who violates or fails to comply with any requirement of this chapter, including failing to file reports as prescribed by the Department, failing to make contributions as required by this chapter, and failing to properly handle and remit wage deductions from employees to the Department, is deemed in violation of this chapter and is subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.

(b) An 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 under 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 proceedings is deemed in violation of this chapter and is subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.

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

(d) Funds from any civil penalty under this chapter, including an overpayment penalty as authorized by § 3712 of this title, must be deposited in the Fund.
19 Del. C. § 1808 — Delaware Code / Title 19 / Chapter 18 / Section 1808
§ Â
        1808. Substantially similar employment policies.
Status: in_force

The provisions of this chapter shall not apply to an employer if such employer has substantially similar policies or rules that provide the same or substantially similar protections as are afforded in this chapter to an employee and provides the opportunity to appeal a decision to a court within the State.
19 Del. C. § 742 — Delaware Code / Title 19 / Chapter 7 / Subchapter V / Section 742
§ Â
        742. Definitions.
Status: in_force

As used in this subchapter, unless the context otherwise requires:

(1) “Competitive employment” means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which a person with a disability is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by persons without disabilities.

(2) “Disability” means, with respect to an individual:

a. A physical or mental impairment that substantially limits 1 or more major life activities of such individual;

b. A record of such an impairment; or

c. Being regarded as having such an impairment,

as defined in the Americans with Disabilities Act of 1990, as amended [42 U.S.C. § 12101 et seq.].

(3) “Integrated setting” means with respect to an employment outcome, a setting typically found in the community in which persons with disabilities interact with persons without disabilities, other than persons without disabilities who are providing services to those persons with disabilities, to the same extent that persons without disabilities in comparable positions interact with other persons.

(4) “Working age” means 14 years of age or older in accordance with § 505 of this title.
19 Del. C. § 3383 — Delaware Code / Title 19 / Chapter 33 / Subchapter V / Section 3383
§ Â
        3383. Violations of orders, rules or regulations; penalties.
Status: in_force

Whoever wilfully violates this chapter or any order, rule or regulation thereunder, the violation of which is made unlawful or the observance of which is required under the terms of this chapter, and for which a penalty is neither prescribed herein nor provided by any other applicable statute 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. § 3346 — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3346
§ Â
        3346. Deductibility of employerâs assessments from employeeâs wages.
Status: in_force

Assessments payable by the employer under this chapter shall not be deducted by the employer, in whole or in part, from the wages of individuals in such employer’s employ.
19 Del. C. § 2356 — Delaware Code / Title 19 / Chapter 23 / Subchapter III / Section 2356
§ Â
        2356. Priority of compensation claims.
Status: in_force

The right of compensation granted by this chapter shall have the same preference or priority for the whole amount thereof against the assets of the employer allowed by law for unpaid wages for labor.
19 Del. C. § 3610 — Delaware Code / Title 19 / Chapter 36 / Section 3610
§ Â
        3610. Enforcement.
Status: in_force

(a) The Department may bring a civil action to enforce this chapter, including an action for injunctive relief in the Court of Chancery to enjoin work by an unregistered contractor.

(b) The Department is not required to post a bond or filing fee in connection with an action under this section.

(c) Any finding of fact or conclusion of law in any court in this State or any administrative agency in this State finding that construction services or maintenance occurred must be conclusive on all parties to an action under this section. For purposes of the preceding sentence, a finding or conclusion is final if it has been fully determined on appeal to the appropriate court, if all time for filing such appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.
19 Del. C. § 504 — Delaware Code / Title 19 / Chapter 5 / Section 504
§ Â
        504. Employment certificates.
Status: in_force

(a) A minor shall not engage in employment unless the employer has in the employer’s possession a verified and validated employment certificate for the minor. The employer shall keep the certificate on file at all times and make it accessible to the Department of Labor upon request.

(b) The superintendent of each school district or the superintendent’s authorized designee and the Department of Labor shall issue work permits as prescribed by the Secretary. The person designated to do so by each superintendent shall be an employee employed by the school on a 12-month or complete calendar year basis. If the superintendent of a school district fails or refuses to designate some person to issue employment certificates, the Director of the Division of Industrial Affairs shall designate some person to so act. Any designation may be revoked by the Director of the Division of Industrial Affairs at the Director’s pleasure.

The Labor Law Enforcement Section of the Department of Labor shall keep a record of all persons who are duly authorized to issue certificates in the various school districts of the State.

(c) The age of a minor shall be verified by a certified copy of a birth certificate, baptismal certificate (showing the date of birth), school record, passport, valid driver’s license or any official government document attesting to the age of the minor.
19 Del. C. § 3606 — Delaware Code / Title 19 / Chapter 36 / Section 3606
§ Â
        3606. Issuance and term of a certificate of registration.
Status: in_force

(a) Except as provided under § 3607 of this title, upon receipt of a completed, accurate, application and fee under § 3605 of this title, the Department shall issue a certificate of registration to the contractor. A certificate of registration is valid as follows:

(1) For 1 year from the date of registration.

(2) For a period that ends 2 years from the date of registration, if the contractor successfully completes 2 years of registration.

(3) A certificate of registration must be renewed no less than 30 days before the expiration date of a certificate of registration. The Department may deny the certificate of registration if the contractor has violated this chapter or any law under § 3605(b)(4) of this title during the registration period that is expiring.

(b) A certificate of registration is not transferable.

(c) A registered contractor who allows the contractor’s certificate of registration to expire before applying to renew the certificate must subsequently apply for a registration certificate as if for the first time.
19 Del. C. § 3713 — Delaware Code / Title 19 / Chapter 37 / Section 3713
§ Â
        3713. Family and Medical Leave Insurance Program.
Status: in_force

(a) (1) By January 1, 2025, the Department shall establish and administer a family and medical leave insurance program.

(2) By not later than the date specified in § 3702(a) of this title, the Department shall pay family and medical leave benefits as specified under this chapter.

(b) The Department shall establish, and make available to employers, reasonable procedures and forms for filing claims for benefits under this chapter and shall specify the supporting documentation necessary to support a claim for benefits, including any documentation required from a health care provider for proof of a serious health condition.

(c) The Department shall use information sharing and integration technology to facilitate the disclosure of relevant information or records so long as a covered individual consents to the disclosure as required under state law.

(d) Information contained in the files and records pertaining to a covered individual under this chapter is confidential and not open to public inspection, other than to public employees in the performance of their official duties. However, the covered individual, or an authorized representative of the covered individual, may review the records or receive specific information from the records on the presentation of the covered individual’s signed authorization.
19 Del. C. § 3350D — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3350D
§ Â
        3350D. Benefit ratio assessment rate.
Status: in_force

(a) For purposes of this section “benefit ratio calculation period” means the 12 consecutive calendar quarters ending on June 30 of the calendar year prior to the assessment rate year.

(b) One time each assessment rate year, no later than December 31, the Department shall calculate the amount of the benefit ratio assessment rate to be assigned to a rated employer for the following assessment rate year, in accordance with the provisions of this section.

(c) The Department shall compute a rated employer’s benefit ratio by:

(1) Adding the benefit charges that were charged to the rated employer’s merit rating account during each of the 12 calendar quarters in the benefit ratio calculation period; and

(2) Dividing the figure calculated under paragraph (c)(1) of this section by the rated employer’s aggregate taxable wages for the 12 calendar quarters in the benefit ratio calculation period.

(d) Benefit ratios shall be carried out to the sixth decimal place.

(e) Array distribution.

(1) Once a benefit ratio has been calculated for each rated employer, the Department shall prepare a ranked list of all rated employers. The ranked list shall start with the rated employer having the lowest benefit ratio and progress through the rated employer having the highest benefit ratio.

(2) For each rated employer, the ranked list must include all of the following:

a. The benefit ratio computed for the employer under this section;

b. The aggregate taxable wages for the employer for the 12 calendar quarters in the benefit ratio calculation period;

c. A percent calculation of the employer’s aggregate taxable wages for the 12 calendar quarters in the benefit ratio calculation period divided by the taxable wages of all employers on the ranked list for the 12 calendar quarters in the benefit ratio calculation period, carried out to the sixth decimal place; and

d. A cumulative total consisting of the sum of the percent calculated in paragraph (e)(2)c. of this section for each employer on the ranked list plus the percent calculated for all other preceding employers on the ranked list, carried out to the sixth decimal place, which represents the “cumulative taxable wage percentage” for each employer.

(3) The Department shall group all rated employers and place them in an assessment rate class based on the cumulative taxable wage percentage calculated in this section (e)(2)d.

a. Employers with cumulative taxable wage percentages from 0.000% but less than 20.000% will be placed in assessment rate class 1.

b. Employers with cumulative taxable wage percentages that fall within the range from 20.000% but less than 35.000% will be placed in assessment rate class 2.

c. Employers with cumulative taxable wage percentages that fall within the range of 35.000% but less than 50.000% will be placed in assessment rate class 3.

d. Employers with cumulative taxable wage percentages that fall within the range of 50.000% but less than 60.000% will be placed in assessment rate class 4.

e. Employers with cumulative taxable wage percentages that fall within the range of 60.000% but less than 70.000% will be placed in assessment rate class 5.

f. Employers with cumulative taxable wage percentages that fall within the range of 70.000% but less than 77.000% will be placed in assessment rate class 6.

g. Employers with cumulative taxable wage percentages that fall within the range of 77.000% but less than 84.000% will be placed in assessment rate class 7.

h. Employers with cumulative taxable wage percentages that fall within the range of 84.000% but less than 89.000% will be placed in assessment rate class 8.

i. Employers with cumulative taxable wage percentages that fall within the range of 89.000% but less than 92.000% will be placed in assessment rate class 9.

j. Employers with cumulative taxable wage percentages that fall within the range of 92.000% but less than 94.000% will be placed in assessment rate class 10.

k. Employers with cumulative taxable wage percentages that fall within the range of 94.000% but less than 96.000% will be placed in assessment rate class 11.

l. Employers with cumulative taxable wage percentages that fall within the range of 96.000% but less than 97.500% will be placed in assessment rate class 12.

m. Employers with cumulative taxable wage percentages that fall within the range of 97.500% but less than 98.500% will be placed in assessment rate class 13.

n. Employers with cumulative taxable wage percentages that fall within the range of 98.500% but less than 99.500% will be placed in assessment rate class 14.

o. Employers with cumulative taxable wage percentages that fall within the range of 99.500% but less than 99.900% will be placed in assessment rate class 15.

p. Employers with cumulative taxable wage percentages of 99.900% or greater will be placed in assessment rate class 16.

(4) Notwithstanding paragraph (e)(3) of this section, the following rules shall apply to the placement of employers in assessment rate classes.

a. If the grouping results in the cumulative taxable wage percentage of a rated employer falling in 2 assessment rate classes, the rated employer and any other rated employer with the same benefit ratio shall be placed in the lower of the 2 applicable assessment rate classes.

b. All rated employers with the same benefit ratio shall be placed in the same assessment rate class.

c. If the grouping of employers with the same cumulative taxable wage percentage who are placed in the same assessment rate class results in the upper limit of that assessment rate class being exceeded, the next rated employer or employers on the ranked list shall be placed in the assessment rate class with the limits that correspond to their cumulative total wage percentages, even if no employer is placed in 1 or more assessment rate classes.

(5) Benefit ratio assessment rates shall be assigned to rated employers in the following manner:

a. The schedule that is determined pursuant to § 3350C of this title to be in effect for the next assessment rate year will determine which column of assessment rates on the Benefit Ratio Assessment Rate Table in this paragraph (e)(5) is in effect for the next assessment rate year.

b. The rated employers placed in each assessment rate class, as determined pursuant to this subsection, shall be assigned the benefit ratio assessment rate opposite the rate class number on the Benefit Ratio Assessment Rate Table below, in the column for the schedule in effect for the next assessment rate year.

(6) If the benefit ratio of a rated employer on the ranked list created in this subsection is changed after the initial calculation of the ranked list, the employer will be moved into the assessment rate class that the employer would have occupied had that employer’s benefit ratio as changed been used in determining that employer’s position in the first instance. However, the change does not affect the position or assessment rate class of any other employer listed on the ranked list and does not affect the benefit ratio assessment rate determination of the employer for previous years.

(7) This section does not apply to setting benefit ratio assessment rates for any new employer governed by § 3348 of this title.
19 Del. C. § 114 — Delaware Code / Title 19 / Chapter 1 / Section 114
§ Â
        114. Chapter does not diminish constitutional rights.
Status: in_force

Nothing contained in this chapter shall be construed as interfering with, impeding or diminishing in any way any right guaranteed by law or by the Constitution of the State or of the United States.
19 Del. C. § 2348 — Delaware Code / Title 19 / Chapter 23 / Subchapter III / Section 2348
§ Â
        2348. Hearings; notice of awards; evidence.
Status: in_force

(a) In all hearings before the Board, the Board shall make such inquiries and investigations as it deems necessary. Unless otherwise stipulated by counsel and approved by the Department, the hearings shall be held in the Division of Industrial Affairs office nearest the site where the injury occurred or, if the accident occurred out of the State, in any county designated by the Department as convenient for the parties.

(b) In a controversy as to the responsibility of an employer or the employer’s insurance carrier for the payment of compensation and other benefits under Part II of this title, any party in interest may petition the Board in writing for a hearing and award. The petition shall be sent to the Department’s offices in Wilmington and shall set forth the reason for requesting the hearing and questions in dispute which the applicant expects to be resolved.

(c) The Department shall schedule a hearing by fixing its time and place, subject to review by the Board upon written objection by a party. The notice shall be given in hand, sent by secure email with an electronic receipt, or by certified mail, return receipt requested. Hearings pursuant to §§ 2324, 2325 and 2347 of this title shall be heard as expeditiously as practicable, but, absent compliance with subsection (h) of this section, in no case more than 120 days from the date of the notice of pretrial conference to be issued by the Department. Unless excused for good cause shown, failure of any or all parties in interest to appear at a duly scheduled hearing or to petition for a continuance shall bar such parties from any further action concerning an adverse decision, a decision by default or a dismissal of a petition for hearing and award.

(d) The Superior Court shall, in accordance with such rules as the Court may make, provide for the obtaining of evidence outside of the State to be used in hearings before the Board. Subject to the approval of a hearing officer, the parties in interest in any cause may agree upon different methods of taking such evidence.

(e) Subpoenas provided for in accordance with this chapter shall be effective throughout the State.

(f) Whenever a cause shall be remanded to the Board for a rehearing, all evidence theretofore taken before the Board in a previous hearing or hearings shall become part of the evidence in the hearing upon remand.

(g) In those instances where an expedited hearing is requested, the petition for hearing shall set forth the facts in sufficient detail to support the request for an expedited hearing. If such a request is uncontested, the request shall be granted by the Department. If such a request is contested, the Board shall determine the matter.

(h) Requests for continuance may be granted only upon good cause shown by the party requesting the continuance. Good cause shall be set forth in the Rules of Procedure of the Industrial Accident Board. A request for continuance may be granted or denied by the Department. If a party objects to the Department’s decision or another party’s motion, it may, by motion, seek Board review and the Board shall determine the matter.

(1) With respect to any extension of the 120-day hearing deadline established by subsection (c) of this section, a written motion requesting the continuance shall be filed setting forth the basis for a good cause continuance pursuant to the Rules of Procedure of the Industrial Accident Board which, in the movant’s opinion, justify such relief. With respect to such an extension request, the Board shall issue a written order specifying that good cause for such an extension exists under a specific Rule of Procedure of the Industrial Accident Board.

(2) With respect to any request for an extension of a hearing beyond 180 days from the date of the petition, the party seeking the continuance must demonstrate that good cause for such an extension exists under a specific rule of the Industrial Accident Board and extraordinary circumstances exist which warrant the award of such continuance in the interests of justice. If such extension is to be granted, the Board’s order shall be accompanied by the following:

a. A specific finding stating that good cause for such an extension exists under a Rule of Procedure of the Industrial Accident Board and stating the reasons why a continuance, rather than the use of other case management measures (including, but not limited to, precluding the presentation of certain witnesses or other evidence by the party responsible for the delay), is necessary in the interests of justice;

b. In any instance where such a continuance is sought by the petitioner, a specific finding that the petitioner has demonstrated that the petitioner has prosecuted its petition with due diligence; and

c. With respect to any party whose lack of diligence caused the need for a continuance, an order of such remedial action as is consistent with rules of procedure of the Board and is just under the circumstances.

Where a petitioner’s or respondent’s lack of diligence has caused the motion for a continuance, to remedy such lack of diligence and to ensure a speedy, efficient and just resolution of the matter, the Board shall consider dismissing the petition or provisionally awarding the relief sought by the petition.

(i) At such hearing, it shall be incumbent upon all parties to present all available evidence and the Board shall give full consideration to all evidence presented. In addition, the Board may examine all witnesses. If either party or the Board seeks to utilize the medical testimony of an expert, it may do so; provided, that prompt and adequate notice to the opposing party or parties is given. Medical testimony of an expert may be presented by: deposition; by live testimony at the hearing; by telephonic testimony at the hearing; or by videotape.

(j) The Board may recess the hearing to a date certain and direct the parties, or any of them, to provide such further information as may be necessary to decide the matter.

(k) No later than 14 days after a hearing, the Board shall render a written decision that succinctly and clearly states its findings of fact and conclusions of law. To that end, where appropriate, the Board may render a decision at the hearing and read such decision into the record for its incorporation in the hearing transcript. Each Board decision shall be filed among the Board’s records and a copy thereof shall be served personally on, sent by secure email with an electronic receipt, or sent by certified mail to each of the parties in interest or to the attorneys representing the parties, if such parties are represented by counsel. In any instance where a decision cannot be reached within 14 days, the Board shall provide the parties with a written estimate of when the decision will be rendered. Such additional time shall not exceed an additional 14 days.
19 Del. C. § 103 — Delaware Code / Title 19 / Chapter 1 / Section 103
§ Â
        103. Regulation of child labor.
Status: in_force

The Secretary of Labor may visit and inspect at any time any establishment in this State to ascertain whether any children are employed therein contrary to Chapter 5 of this title, and the Secretary shall make complaint against and shall prosecute any person violating such chapter.
19 Del. C. § 731 — Delaware Code / Title 19 / Chapter 7 / Subchapter IV / Section 731
§ Â
        731. Definitions.
Status: in_force

As used in this subchapter:

(1) “Employee” means any person currently employed, laid off with reemployment rights or on leave of absence. The term “employee” shall not include applicants for employment or designated agents.

(2) “Employer” shall mean any individual, person, partnership, association, corporation, the State, any of its political subdivisions or any agency, authority, board or commission created by them.

(3) “Personnel file” means, if maintained by the employer, any application for employment, wage or salary information, notices of commendations, warning or discipline, authorization for a deduction or withholding of pay, fringe benefit information, leave records, employment history with the employer, including salary information, job title, dates of changes, retirement record, attendance records, performance evaluations and medical records. The term “personnel file” shall not include records of an employee relating to the investigation of a possible criminal offense, letters of reference, documents which are being developed or prepared for use in civil, criminal or grievance procedures or materials which are used by the employer to plan for future operations or information available to the employee under the Fair Credit Reporting Act [15 U.S.C. § 1681 et seq.].
19 Del. C. § 904 — Delaware Code / Title 19 / Chapter 9 / Section 904
§ Â
        904. Regulations.
Status: in_force

(a) The Department, for any occupation, shall have the power to make and revise or rescind such regulations, including the definition of terms, as it may deem necessary or appropriate to preserve or safeguard the minimum wage rate under this chapter, except that prior thereto the Department shall hold public hearing upon reasonable notice at which any person may be heard and shall consult with the members of an advisory board representing the interests of employers, employees and the public in equal numbers totaling not more than 9 in all. The members of the board shall serve at the pleasure of the Department and may be paid by it as compensation for their services a reasonable per diem, in accordance with such regulations as it may prescribe, for each day on which they attend a meeting of the board or for each day they spend in the work of the board and may in addition be reimbursed for their necessary and reasonable traveling expenses. Such regulations may include, but are not limited to: Regulations defining and governing outside salespersons, learners and apprentices, their number, proportion and length of service, part-time pay, bonuses, overtime pay, special pay for special or extra work, permitted charges to employees or allowances for board, lodging, apparel or other facilities or services customarily furnished by employers to employees, allowances for gratuities or allowances for such other special conditions or circumstances which may be usual in a particular employment relationship. Such regulations shall, except as may be otherwise provided by the Department, take effect upon publication.

(b) 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. § 201 — Delaware Code / Title 19 / Chapter 2 / Section 201
§ Â
        201. Declaration of policy.
Status: in_force

It is declared to be the policy of this State to:

(1) Encourage the development of an apprenticeship and training system through the voluntary cooperation of management and labor and interested state agencies and in cooperation with other states and the federal government;

(2) Provide for the establishment and furtherance of standards of apprenticeship and training to safeguard the welfare of apprentices and trainees;

(3) Aid in providing maximum opportunities for unemployed and employed persons to improve and modernize their work skills;

(4) Contribute to a healthy economy by aiding in the development and maintenance of a skilled labor force sufficient in numbers and quality to meet the expanding needs of industry and to attract new industry.
19 Del. C. § 752 — Delaware Code / Title 19 / Chapter 7 / Subchapter VI / Section 752
§ Â
        752. Minimum wage for individuals with a disability.
Status: in_force

Commencing January 31, 2024, an employer who is authorized to employ an individual with a disability at a subminimum wage pursuant to a special certificate issued under 29 U.S.C. § 214(c) or under regulations promulgated under § 905 of this title may not employ or agree to employ or otherwise remunerate or compensate an individual with a disability at an hourly rate lower than the effective rate payable under § 902 of this title.
19 Del. C. § 3508 — Delaware Code / Title 19 / Chapter 35 / Section 3508
§ Â
        3508. Cause of action by employees or other individuals for violations of certain provisions of this chapter.
Status: in_force

(a) An employee or other individual who alleges a violation of § 3503 or § 3509 of this title must first notify the Department in writing and request an investigation by the Department, pursuant to § 3504 or § 3509(b)(2) of this title, as applicable, of the alleged violation. If the Department fails to investigate or fails to commence an action in the Superior Court pursuant to § 3504(d) or § 3509(b)(2) of this title, within 90 days of receipt of written notice of an alleged violation of § 3503 or § 3509 of this title, the person alleging a violation of said section may bring a civil action for appropriate declaratory relief, or actual damages, or both. A civil action pursuant to this section must be brought within 3 years after the occurrence of the alleged violation of the applicable provision or provisions of this chapter.

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

(c) As used in subsection (a) of this section, “damages” means treble damages for lost wages or benefits caused by each violation of this chapter. “Damages” also includes the payment of back wages, fringe benefits, seniority rights, actual damages, litigation costs and attorneys’ fees, or any combination of these remedies.
19 Del. C. § 3305 — Delaware Code / Title 19 / Chapter 33 / Subchapter I / Section 3305
§ Â
        3305. Termination of chapter upon amendment, repeal or declaration of unconstitutionality of federal Social Security Act; disposition of moneys.
Status: repealed

This chapter is enacted as part of a national plan of social security in conformity to the federal Social Security Act [42 U.S.C. § 301 et seq.].

In the event that the tax levied under § 3301 of the Federal Unemployment Tax Act [26 U.S.C. § 3301], against which assessments under this chapter may be credited, is amended or repealed by Congress or declared unconstitutional by the Supreme Court of the United States, with the result that no portion of the assessments required under this chapter may be credited against such federal tax, the provisions of this chapter, except those of this section and except as otherwise provided in this chapter, shall become inoperative. Thereupon, all assets standing to the credit of this State in the Unemployment Trust Fund in the United States Treasury shall be promptly requisitioned by the Department of Labor, which is granted continuing authority for the purposes of this section, and, together with all assets in the Unemployment Compensation Fund, shall be refunded to persons required to pay assessments under this chapter in accordance with the regulations prescribed by the Department.

Any interest or earnings of the Fund and any fines or penalties collected pursuant to this chapter shall be available to the Department to pay for the costs of making refunds pursuant to this section.

In the case of the Unemployment Compensation Administration Fund, any moneys therein received from the Secretary of Labor of the United States shall thereafter be dealt with by the Treasurer of this State in accordance with the regulations of the Secretary of Labor of the United States and the conditions of the grant to this State by the Secretary of Labor of the United States. Any assets in the Unemployment Compensation Administration Fund which have been received by this State from the United States employment service or which have been appropriated by the General Assembly for the State Employment Service shall remain available to the State Employment Service, which Service shall continue in existence as if this chapter had not been enacted. The same action shall be taken with respect to assets in the Unemployment Compensation Fund, the Unemployment Trust Fund and the Unemployment Compensation Administration Fund in the event that this chapter is repealed by the General Assembly or finally declared invalid by the Supreme Court of the State or by the Supreme Court of the United States.
19 Del. C. § 1905 — Delaware Code / Title 19 / Chapter 19 / Section 1905
§ Â
        1905. Exceptions.
Status: in_force

(a) In the case of a mass layoff, plant closing or relocation, an employer is not required to comply with the notice requirements of this chapter under any of the following circumstances:

(1) a. At the time the notice would have been required, the employer was actively seeking capital or business;

b. The capital or business sought, if obtained, would have enabled the employer to avoid or postpone the relocation or termination; and

c. The employer reasonably and in good faith believed that giving the notice required by this chapter would have precluded the employer from obtaining the needed capital or business.

(2) The mass layoff or plant closing is caused by business circumstances that were not reasonably foreseeable at the time the notice would have been required. A business circumstance that is not reasonably foreseeable may be established by the occurrence of some sudden, dramatic and unexpected action or condition outside of the employer’s control. Examples include a principal client’s sudden and unexpected termination of a major contract with the employer, a strike at a major supplier of the employer, an unanticipated and dramatic major economic downturn or a government-ordered closing of an employment site that occurs without prior notice. The employer shall exercise commercially reasonable business judgment in determining whether a business circumstance is reasonably foreseeable.

(3) The plant closing is of a temporary facility or the mass layoff or plant closing is the result of the completion of a particular project or undertaking, and the affected employees were hired with the understanding that their employment was limited to the duration of the facility or project or undertaking or a specific portion of such project or undertaking. This includes industries such as construction and their related projects; however, this does not exempt a construction company if they suffer a mass layoff or plant closing not related to a specific project or undertaking.

(4) The mass layoff or plant closing is due to any form of natural disaster, such as a flood, earthquake, or drought.

(5) The mass layoff or plant closing constitutes a strike or constitutes a lockout not intended to evade the requirements of this chapter. Nothing in this chapter shall require an employer to serve written notice when permanently replacing a person who is deemed to be an economic striker under the National Labor Relations Act (29 U.S.C. § 151 et seq.). Nothing in this chapter shall be deemed to validate or invalidate any judicial or administrative ruling relating to the hiring of permanent replacements for economic strikers under the National Labor Relations Act.

(b) An employer unable to provide the notice otherwise required by this chapter in a timely fashion as a result of circumstances described in subsection (a) of this section shall provide as much notice as is practicable and at that time shall provide a brief statement of the basis for reducing the notification period. The failure to provide such notice in as timely a manner as possible shall constitute a violation of this chapter.
19 Del. C. § 3344 — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3344
§ Â
        3344. Determination of liability of employer for assessments; administrative and judicial review; time limits.
Status: in_force

(a) The Department may delegate to a suitable employee of the Department the power to make preliminary determinations on all questions relating to the liability of employing units for the assessments mentioned in this subchapter, but such administrative rulings shall be subject to the review of the Unemployment Insurance Appeal Board. An appeal may be taken by an employing unit within 15 days from the date of the administrative ruling. The person taking the appeal shall be designated as the complainant. The Board shall hear such appeals within a reasonable time.

(b) Formal hearings shall be conducted according to the rules prescribed by the Unemployment Insurance Appeal Board and a record of such hearings shall be made and kept by the Unemployment Insurance Appeal Board. The record shall include the evidence, the Unemployment Insurance Appeal Board’s findings of fact and the Unemployment Insurance Appeal Board’s decision together with a brief statement of the reasons therefor. It shall show the manner in which the Unemployment Insurance Appeal Board construed the law and applied it to the facts.

(c) The Unemployment Insurance Appeal Board’s decision shall be final and conclusive as to the liability of the employing unit unless, within 15 days after mailing or other authorized delivery method thereof the complainant or the Department appeals to the Superior Court for the county in which the complainant resides. The Department may be represented in any such appeal by any qualified attorney employed by the Department and designated by it for that purpose or, at the Department’s request, by the Attorney General. In every such appeal the cause shall be decided by the Court from the record, without the aid of a jury, and the Court may affirm, reverse or modify the Unemployment Insurance Appeal Board’s decision. The Unemployment Insurance Appeal Board’s findings of fact shall not be set aside unless the Court determines that the record contains no substantial evidence that would reasonably support the findings. If the Court finds that additional evidence should be taken, the Court shall remand the case to the Unemployment Insurance Appeal Board for completion of the record. If the Court finds that the Unemployment Insurance Appeal Board has made an error of law, the Court shall reverse or modify the Unemployment Insurance Appeal Board’s decision and render an appropriate judgment.

(d) In every such appeal the cause shall be decided by the Court from the record without the aid of a jury, and the Court may affirm, reverse or modify the Unemployment Insurance Appeal Board’s decision. The Unemployment Insurance Appeal Board’s findings of fact shall not be set aside if the Court finds the record contains substantial evidence to reasonably support the findings. If the Court finds that additional evidence should be taken, the Court shall remand the case to the Unemployment Insurance Appeal Board for completion of the record. If the Court finds that the Unemployment Insurance Appeal Board has made an error of law, the Court shall reverse or modify the Unemployment Insurance Appeal Board’s decision and render an appropriate judgment.

(e) The Superior Courts for the several counties of this State shall have jurisdiction to hear and determine all appeals taken pursuant to this chapter and by appropriate rules shall prescribe the procedure in such appeals.

(f) The decision of the Court shall be in writing and the Prothonotary shall file a certified copy thereof with the Unemployment Insurance Appeal Board.

(g) Costs may be awarded by the Court and, when so awarded, the same amount of costs shall be allowed, taxed and collected as are allowed, taxed and collected for like services in the Superior Court.
19 Del. C. § 719 — Delaware Code / Title 19 / Chapter 7 / Subchapter II / Section 719
§ Â
        719. Criminal jurisdiction.
Status: in_force

The Superior Court shall have exclusive original jurisdiction over all criminal violations of this subchapter.
19 Del. C. § 2313 — Delaware Code / Title 19 / Chapter 23 / Subchapter I / Section 2313
§ Â
        2313. Record and report of injuries by employers; penalty; admissibility as evidence.
Status: in_force

(a) Every employer to whom this chapter applies shall keep a record of all injuries, fatal or otherwise, received by employees in the course of their employment. Within 10 days after knowledge of the occurrence of an accident resulting in personal injury, a report thereof shall be made in writing by the employer to the Department in duplicate on blanks to be procured from the Department for that purpose. The employer shall provide a copy of the report of injury to the employee upon completion of the report. Upon the termination of the disability of the injured employee, the employer shall make a supplemental report to the Department.

(b) The reports shall contain the name and nature of the business of the employer, the location of the employer’s establishment or place of work, the name, age, sex and occupation of the injured employee and shall state the time, nature and cause of the injury and such other information as may be required for properly carrying out this chapter. The employee’s copy shall contain a summary of the law as provided by the Department.

(c) Whoever, being an employer, refuses or neglects to make a report required by this section shall be fined not less than $100 nor more than $250 for each offense. In the event the employer can show that the failure to make a report required by this section was caused by the refusal of the insurance carrier for the employer to report a reportable injury which the insurance carrier had knowledge of and of which the employer had no knowledge, after written request therefor, the aforementioned fine may be levied against said insurance carrier. The fine shall be assessed by the Industrial Accident Board after the employer and/or the insurance carrier for the employer is given notice and a hearing on the violation. The fine shall be payable to the Workers’ Compensation Fund.

(d) Reports made in accordance with this section shall not be evidence against the employer in any proceedings under this chapter or otherwise but shall be exclusively for the information of the Department in securing data to be used in connection with the performance of their duties.
19 Del. C. § 753 — Delaware Code / Title 19 / Chapter 7 / Subchapter VI / Section 753
§ Â
        753. Plan.
Status: in_force

(a) The Employment First Oversight Commission established under § 745 of this title shall oversee the development and implementation of a plan to phase out on or before January 31, 2024, authorizations under § 905 of this title to pay an individual with a disability less than the minimum wage otherwise required under § 902 of this title. The plan shall be developed by a task force comprised of representatives appointed by the Commission consisting of representatives from the Commission, the State Council for Persons with Disabilities, the Division of Industrial Affairs, the Division of Vocational Rehabilitation, the Division of Developmental Disabilities Services, the Developmental Disabilities Council, family members and individuals currently being served by sheltered workshops, service providers who have experience in transitioning from providing sheltered workshop services to providing competitive employment in integrated settings for persons with disabilities, current sheltered workshop providers, the Disabilities Law Program of the Community Legal Aid Society, Inc., and a range of national experts on the use of transitioning services out of § 14(c) of the federal Fair Labor Standards Act (29 U.S.C. § 214(c)) in order to determine what model of service might work best for Delaware. The Employment First Oversight Commission plan shall be completed and provided to the General Assembly by January 31, 2024, and include all of the following:

(1) Benchmarks and expected outcomes for each year of the phase-out.

(2) A list of the resources to assist each individual with a disability in receiving supports according to the needs and preferences of the individual in order to be employed in an integrated setting, or participate in a meaningful alternative program, regardless of the nature or severity of the individual’s disability.

(3) Federal and state funding programs available to assist an individual with a disability to obtain competitive employment in an integrated setting, and assure adequate funding is available for more intensive services that may be necessary in the future.

(4) Individualized person-centered planning for people currently participating in programs authorized under § 14(c) of the federal Fair Labor Standards Act, 29 U.S.C. § 214(c), during the phase out process designed to address individual wishes and service needs with respect to avoiding disruption of location and relationships with friends where feasible.

(5) A means for tracking the effect of transitioning to integrated and meaningful employment on individuals with disabilities on the basis of the following factors:

a. Wages.

b. Unemployment rates.

c. The number of individuals who move from positions paying subminimum wages to competitive employment in an integrated setting.

d. The number of individuals who move from subminimum wage positions to noncompensated activities including those that may lose a job opportunity as a result of a minimum wage increase.

(6) A means for tracking the effect of transitioning to meaningful alternative programing for those who do not engage in competitive integrated employment. Meaningful alternative employment shall include the following services:

(1) Regular opportunities for community-based recreational, social, educational, cultural, and athletic activities, including community volunteer and training activities.

(2) Regularly occurring nonfacility-based activities of a person’s choosing provided in settings which allow individuals with disabilities to interact with individuals without disabilities in a community setting to the fullest extent possible for the individual.

(b) The plan referred to in paragraphs (a)(1)-(a)(5) of this section shall be provided to the State Council for Persons with Disabilities for inclusion in the annual report required by § 8210(b)(8) of Title 29.
19 Del. C. § 717 — Delaware Code / Title 19 / Chapter 7 / Subchapter II / Section 717
§ Â
        717. Veteransâ special rights or preference.
Status: in_force

Nothing contained in this subchapter or subchapter III of this chapter shall be construed to repeal or modify any state or local law creating special rights or preferences for veterans.
19 Del. C. § 907 — Delaware Code / Title 19 / Chapter 9 / Section 907
§ Â
        907. Records of employers.
Status: in_force

Every employer shall make, keep and preserve for a period of not less than 3 years, in or about the premises or place of business or employment, a record of the name, address and occupation of each employee, the rate of pay and the amount paid each pay period to each employee, the hours worked each day and each work week by each employee and such other information or records as the Department shall deem by regulation to be necessary or appropriate to administer or enforce this chapter.
19 Del. C. § 1616 — Delaware Code / Title 19 / Chapter 16 / Subchapter I / Section 1616
§ Â
        1616. Strikes prohibited.
Status: in_force

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

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

(c) Where a public employee has lost entitlement to any daily pay or other consideration pursuant to subsection (b) of this section, any agreement between such public employee or employee organization bargaining on the public employee’s behalf and a public employer which provided for the direct or indirect restoration of such entitlement shall be void as against public policy.
19 Del. C. § 3327 — Delaware Code / Title 19 / Chapter 33 / Subchapter II / Section 3327
§ Â
        3327. Employment by a temporary help firm.
Status: in_force

(a) For the purposes of this section, “temporary help firm” means a firm that hires its own employees and assigns them to clients to support or supplement the client’s work force in work situations such as employee absences, temporary skill shortages, seasonal workloads and special assignments and projects. “Temporary employee” means an employee assigned to work for the clients of a temporary help firm.

(b) A temporary employee of a temporary help firm will be deemed to have voluntarily quit employment if the employee does not contact the temporary help firm for reassignment upon completion of an assignment. Failure to contact the temporary help firm will not be deemed a voluntary quit unless the claimant has been advised of the obligation to contact the firm upon completion of assignments and that unemployment benefits may be denied for failure to do so.
19 Del. C. § 901 — Delaware Code / Title 19 / Chapter 9 / Section 901
§ Â
        901. Definition of terms.
Status: in_force

As used in this chapter:

(1) “Department” means the Department of Labor or its authorized representatives.

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

(3) “Employee” includes any individual employed by an employer but shall not include:

a. Any individual employed in agriculture;

b. Any individual employed in domestic service in or about a private home;

c. Any individual employed in a bona fide executive, administrative or professional capacity, or as an outside commission paid salesperson, not route driver, who customarily performs services away from the individual’s employer’s premises taking orders for goods or services;

d. Any individual employed by the United States;

e. Any individual engaged in the activities of an educational, charitable, religious or nonprofit organization where the employment relationship does not in fact exist or where the services are rendered to such organization gratuitously;

f. Any individual employed in the catching, taking, propagating, harvesting, cultivating or farming of any kind of fish, shellfish, crustacea, sponges, seaweeds or other aquatic forms of animal and vegetable life, or in the first processing, canning or packing such marine products at sea as an incident to or in conjunction with such fishing operations, including the going to and returning from work and loading and unloading when performed by any such employee;

g. Any individual under the age of 18 participating in and employed as a junior counselor or counselor in training (CIT) by a nonprofit organization in a summer camp program.

h. Any inmate in the custody of the Department of Correction and any inmate on work release who participates in the Prison Industries programs or other programs sponsored for inmates by the Department of Correction pursuant to Chapter 65 of Title 11 or other applicable Delaware law, unless said inmate is employed by an employer other than the State or a political subdivision thereof.

(4) “Employer” includes any individual, partnership, association, corporation, statutory trust, business trust or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee.

(5) “Gratuities” means voluntary monetary contributions received by an employee from a guest, patron or customer for services rendered.

(6) “Occupation” means any occupation, service, trade, business, industry or branch or group of industries or employment or class of employment in which employees are gainfully employed.

(7) “Wage” means compensation due to an employee by reason of the employee’s employment, payable in legal tender of the United States or check or bank convertible into cash on demand at full face value, subject to such deductions, charges or allowances as may be permitted by the regulations of the Department under this chapter.
19 Del. C. § 2354 — Delaware Code / Title 19 / Chapter 23 / Subchapter III / Section 2354
§ Â
        2354. Contribution by 2 or more employers.
Status: in_force

(a) Whenever any employee, for whose injury or death compensation is payable under this chapter, at the time of the injury is in the joint service of 2 or more employers subject to this chapter, such employers shall contribute to the payment of such compensation in proportion to their wage liability to such employee, regardless of for whom such employee was actually working at the time of the injury.

(b) Whenever a petition to determine benefits is pending and 1 of 2 or more employers or 2 or more insurance carriers shall be liable for undisputed benefits arising under § 2322 or § 2324 of this title, the employer or insurance carrier which paid benefits for the first occurrence shall pay all interim benefits arising under § 2322 of this title and temporary total disability benefits at the lower rate, which may be applicable under § 2324 of this title, without a hearing. When the claim is resolved thereafter by agreement or by award after a hearing, the responsible party shall indemnify the payor for benefits paid.
19 Del. C. § 3312 — Delaware Code / Title 19 / Chapter 33 / Subchapter II / Section 3312
§ Â
        3312. Benefit payments under regulations of Department.
Status: in_force

All benefits shall be paid through employment offices, in accordance with such regulations as the Department prescribes.
19 Del. C. § 1311B — Delaware Code / Title 19 / Chapter 13 / Section 1311B
§ Â
        1311B. Majority verification procedure.
Status: in_force

(a) Notwithstanding any other provision of this section, an employee organization may file a petition with the Board requesting certification as the exclusive representative of an appropriate bargaining unit based on a verification that over 50% of the employees in the proposed appropriate bargaining unit wish to be represented by the petitioner. The Board shall require dated representation authorization signatures of affected employees as verification of the employee organization’s claim of status.

(b) Upon receipt of an employee organization’s petition, accompanied by employee authorization signatures under this section, the Board shall investigate the petition. If the Board determines that over 50% of the employees in an appropriate bargaining unit have provided authorization signatures designating the employee organization specified in the petition as their exclusive representative, the Board may not order an election but shall certify the employee organization.
19 Del. C. § 3506 — Delaware Code / Title 19 / Chapter 35 / Section 3506
§ Â
        3506. Provisions of law may not be waived by agreement.
Status: in_force

Except as provided in this chapter, no provision of this chapter may in any way be contravened or set aside by private agreement.
19 Del. C. § 3366 — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3366
§ Â
        3366. Order of crediting payments on account.
Status: in_force

Any payment on account by an employer on assessments, interest and penalties due shall be credited against the oldest outstanding indebtedness, in the following order: First, penalties; second, interest; third, assessments.
19 Del. C. § 3154 — Delaware Code / Title 19 / Chapter 31 / Subchapter III / Section 3154
§ Â
        3154. Cooperation with local authorities.
Status: in_force

The Department shall cooperate with the counties, cities and towns of the State and shall require such local cooperation as it deems necessary to carry out this subchapter. Any local funds granted for the cooperative maintenance of a local office shall be deposited in the State Treasury and may be withdrawn only by warrants of the Department and only for that purpose.
19 Del. C. § 1906 — Delaware Code / Title 19 / Chapter 19 / Section 1906
§ Â
        1906. Extension of mass layoff period.
Status: in_force

A mass layoff of more than 6 months which, at its outset, was announced to be a mass layoff of 6 months or less shall be treated as an employment loss under this chapter unless the following:

(1) The extension beyond 6 months is caused by business circumstances (including unforeseeable changes in price or cost) not reasonably foreseeable at the time of the initial mass layoff.

(2) Notice is given at the time it becomes reasonably foreseeable that the extension beyond 6 months will be required.
19 Del. C. § 2334 — Delaware Code / Title 19 / Chapter 23 / Subchapter II / Section 2334
§ Â
        2334. Benefit adjustment.
Status: in_force

(a) Any person with a total disability on or after May 27, 1971, or any surviving spouse or dependent who is receiving benefits under § 2330 of this title, on or after May 27, 1971, shall be entitled to an additional amount of compensation as calculated under subsections (b) and (c) of this section, provided that the total amount to be received shall not exceed the maximum weekly benefit rate in § 2324 of this title effective on July 1, 1975, or the benefit derived from § 2330 of this title as of July 1, 1975.

(b) In any case where a person with a total disability, or a surviving spouse or a dependent is presently receiving the maximum weekly income benefit rate applicable at the time such award was made, the supplemental allowance shall be an amount which when added to such award would equal the maximum weekly benefit rate effective on July 1, 1975, or the benefit derived from § 2330 of this title as of July 1, 1975.

(c) In any case where a person with a total disability, or a surviving spouse or dependent is presently receiving less than the maximum weekly income benefit rate applicable at the time such award was made, the supplemental allowance shall be an amount equal to the difference between the amount the claimant is presently receiving and a percentage of the maximum weekly benefit rate effective on July 1, 1975, or the benefit derived from § 2330 of this title as of July 1, 1975, determined by multiplying it by a fraction, the numerator of which is the claimant’s present award and the denominator of which is the maximum weekly rate applicable at the time such award was made.
19 Del. C. § 3357 — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3357
§ Â
        3357. Interest on past-due assessments and reimbursement payments in lieu of assessments.
Status: in_force

Assessments and reimbursement payments in lieu of assessments which remain unpaid on the date they are due and payable, as prescribed by the Department, shall bear interest, at a rate determined by regulation by the Secretary of Labor, from and after such due date until payment plus accrued interest is received by the Department. Interest collected pursuant to this section after September 30, 1967, shall be paid into the Special Administration Fund.

The Department may waive the payment of interest for a period of not more than 6 months in cases where it appears to the satisfaction of the Department that the delayed payment was caused by a reasonable doubt as to liability and the employer was not negligent in applying for a determination of the question of liability.

No interest shall be charged in cases where the Department has ascertained that an amount equal to the amount of the delayed payment had previously been paid by the employer into the unemployment trust fund of another state.
19 Del. C. § 2324 — Delaware Code / Title 19 / Chapter 23 / Subchapter II / Section 2324
§ Â
        2324. Compensation for total disability.
Status: in_force

For injuries resulting in total disability occurring after July 1, 1975, the compensation to be paid during the continuance of total disability shall be 662/3% of the wages of the injured employee, as defined by this chapter, but the compensation shall not be more than 662/3% of the average weekly wage per week as announced by the Secretary of the Department of Labor for the last calendar year for which a determination of the average weekly wage has been made, nor less than 222/9% of the average weekly wage per week. If at the time of the injury the employee receives wages of less than 222/9% of the average weekly wage per week, then the employee shall receive the full amount of such wages per week, as compensation. Nothing in this section shall require the payment of compensation after disability ceases.
19 Del. C. § 2347 — Delaware Code / Title 19 / Chapter 23 / Subchapter III / Section 2347
§ Â
        2347. Review by Board of agreements or awards; grounds; modification of award.
Status: in_force

(a) On the application of any party in interest on the ground that the incapacity of the injured employee has subsequently terminated, increased, diminished, or recurred, or that the status of the dependent has changed, the Board may at any time, but not oftener than once in 26 weeks, review any agreement or award. Each 26-week period is to be calculated so that no 2 hearings to review an agreement or award may be held within 26 weeks of each other. This subsection does not restrict when a party in interest can file a petition to review but rather when the Board can convene to hear the petition to review.

(b) On the review under subsection (a) of this section, the Board may make an award ending, diminishing, increasing, or renewing the compensation previously agreed on or awarded, and designating the persons entitled to the award, subject to this chapter, and shall state its conclusions of facts and rulings of law. The Department shall immediately send to the parties a copy of the award by personal delivery, by secure e-mail with electronic receipt, or by certified mail.

(c) This section does not apply to a commutation of payments under § 2358 of this title.

(d) Compensation payable to an employee, under this chapter, does not terminate until and unless the Board enters an award ending the payment of compensation after a hearing on review of an agreement or award. However, a petition to review, hearing, or an order by the Board is not necessary to terminate compensation if the parties to an award or an agreement consent to the termination.

(e) The Department shall accept a petition to review when it is accompanied by proof of service of the petition as required under subsection (h) of this section and the petitioner has provided all of the following information on the petition’s face:

(1) The name of the petitioner and respondent.

(2) The Board file number assigned to the agreement under review.

(3) The date of the industrial accident.

(4) Whether the petitioner is the employee, dependent, employer, or insurer.

(5) The insurance carrier’s name and file number, if applicable.

(6) The Social Security number of the employee, if applicable.

(7) On filing of a petition to review based on “failure to sign an agreement or receipt,” supporting documents, including the unsigned agreement or receipt at issue, and proof of service of the petition as required under subsection (h) of this section.

(8) Whether the petitioner seeks to review the agreement or award on the ground that employee’s disability has terminated, increased, diminished, or recurred; that a dependent’s status has changed; or other relief, except for additional medical benefits under § 2322(c) of this title or utilization review appeals under § 2322F(j) of this title for which the Board shall require petitions to determine additional compensation.

(9) For the following petitions under this section, a copy of the medical report must be attached if it is the basis for the petition and in existence at the time of filing:

a. Petitions seeking to terminate or diminish compensation benefits for disability that is total under § 2324 of this title or partial under § 2325 of this title on the ground that the employee is physically able to work, when the basis of the petition is a medical report in existence at the time of the filing of the petition.

b. Petitions seeking to determine whether an employee is entitled to compensation allowable for permanent injury under § 2326 of this title.

(f) Within 5 business days of the date a petition to review has been received, the Department shall notify the petitioner’s attorney or, if the petitioner is pro se, the petitioner directly, of whether the petition has been accepted or rejected. If the petition is rejected, the notice must state each reason for the rejection with specificity. The Department shall issue the notice electronically if the petitioner is represented by an attorney. The Department shall serve notice on a pro se petitioner by certified mail, unless the petitioner has elected to receive electronic notice from the Department, in which case the Department shall issue the notice electronically.

(g) The Board may review an issue regarding the scheduling of a hearing under § 2348(c) of this title. The Board may dismiss a petition for insufficient documentation on motion by the opposing party.

(h) A petition to review may be served by any of the following means:

(1) On the other party to the agreement or award by 1 of the following:

a. Certified mail or other private mailing services with evidence of proof of receipt. Proof of receipt is satisfied by signature, rejection, or lack of claim of certified mail or private mail requiring signature by the recipient. Proof of the actual signature, rejection, or lack of claim is not required, only a statement from the mail carrier that the mail was delivered, rejected, or unclaimed, including proof of delivery with printout from the United States Postal Service’s or equivalent private mail carrier’s website.

b. Anyone authorized to serve a subpoena under § 2320(2)b. of this title. Proof of receipt is satisfied by an affidavit of service by anyone authorized to serve a subpoena under § 2320(2)b. of this title who served the petition.

(2) On the other party’s attorney by electronic delivery with acknowledgment from the attorney on the face of the petition that the petition has been accepted.

(i) When both parties are represented by counsel, the Department shall schedule, within 5 days after acceptance of a petition to review, a pretrial conference with notice to each party to schedule the time, date, and place for the hearing on the petition to review.

(j) Whenever a respondent is pro se at the time of the filing of a petition to review, the Department shall schedule, within 5 days after acceptance of the petition, a pretrial conference with notice to each party to schedule the time, date, and place for the hearing on the petition to review. If the pro se respondent does not appear at the pretrial conference, the petition to review must be scheduled for a default hearing on the petition. The Department shall serve notice of the default hearing on all parties. If the pro se respondent does not appear at the default hearing, the Board may grant the petition to review. If the pro se respondent appears at the default hearing, the Board shall decide whether to grant the default judgement or schedule a merit hearing. If the Board determines a merit hearing is necessary, the Department shall schedule the hearing and provide notice of the hearing to all parties.

(k) On an employer’s petition to review an agreement for total or partial disability benefit entitlement on the ground that the employee is physically able to return to work, compensation shall be paid from the Workers’ Compensation Fund by the Department to the employee on acceptance of the employer’s petition to review as follows:

(1) The Department shall initiate compensation retroactive to the date the petition to review was accepted by the Department. The Department shall issue compensation on receipt of a properly completed eligibility certification form, which has been signed and dated by the employee.

(2) If there is an agreement approved by the Board on file, the Workers’ Compensation Fund shall pay this compensation to the employee at the compensation rate documented on the face of the agreement approved by the Board that is under review. If an agreement is not on file, the Workers’ Compensation Fund shall pay the compensation at the rate the employer had been paying as of the date of the petition until the Board makes a determination that reformation of the rate is appropriate or the Fund is notified by counsel for the employee or the employee of a reduction in the amount owed due to the employee’s return to work. If the compensation rate that employer had been paying the employee as of the date of the filing of the petition does not comply with § 2302(b)(3) of this title, the Workers’ Compensation Fund shall pay employee wage compensation that complies with § 2302(b)(3) of this title. On notification to the Fund by counsel for the employee or the employee of the employee’s return to work, the Fund may cease payment of total disability benefits as of the date of the employee’s return. The Fund shall issue any payment for partial disability when the Fund receives pay stubs or other evidence of wage payments from the employee. The employee must continue to submit pay stubs or other evidence of wage payments for the Fund to continue to issue partial disability payments. Unless the employee has returned to work under this section, the Workers’ Compensation Fund shall continue to pay the compensation by the terms of the agreement or award under review until the parties to an award or agreement consent to the termination, the petitioner withdraws the petition, or the Board enters an order on an employer’s petition to review.

(3) After the parties to an award or agreement consent to the reinstatement of compensation or the employer withdraws its petition, the employer shall repay to the Workers’ Compensation Fund the amount paid out by the Department on written request for payment issued by the Workers’ Compensation Fund. If the Board orders the employer’s petition dismissed, the employer shall reimburse the Workers’ Compensation Fund at the rate and during the period ordered by the Board within 30 days of the later of when the award becomes final and conclusive between the parties under § 2349 of this title or on written request for payment issued by the Workers’ Compensation Fund. Every petition to review must be withdrawn whenever the parties to an agreement settle the issues of the petition to review without a hearing before the Board or whenever an employee consents to a termination after a petition to review has been filed with the Board.

(4) If, during the pendency of a petition to review for which the employee is receiving compensation from the Workers’ Compensation Fund, the parties agree that a new totally or partially incapacitating event, whether surgical or otherwise, is compensable, the employer shall, within 10 days, notify the Department of the date of the event, the date disability from the event resumed, whether that disability is total or partial in character, and, if applicable, the date disability subsequently terminated. The employer shall provide this notice in 1 of the following ways:

a. By filing 1 or more employer’s supplemental report(s) of injury under § 2313(a) of this title to which all protections afforded by § 2313(d) of this title continue to apply.

b. In any other written manner that provides the Department with substantial notice of the date of the event, the date disability from the event resumed, whether that disability is total or partial in character, and, if applicable, the date disability subsequently terminated.

(5) On receipt of a notice under paragraph (k)(4) of this section, the Workers’ Compensation Fund is entitled to reimbursement from the employer only for that period during which the notice states that the employer would have provided weekly compensation as a direct result of the incapacitating event without the employer being required to withdraw the petition or waiving any other rights, claims, or defenses of any sort should the parties proceed to hearing on the merits of the remainder of the petition. If, during the pendency of the petition, the notice or a subsequent notice states that the disability from the new incapacitating event terminated before the hearing date scheduled for the Board’s review, the Workers’ Compensation Fund’s responsibility to pay weekly compensation resumes from the date the notice states that the disability terminated until the date that the Board’s award, following its review, has become final and conclusive, after which reimbursement to the Workers’ Compensation Fund, if any, be ordered by the Board following the hearing, is to be made under paragraph (k)(3) of this section.

(l) The provisions of subsection (k) of this section pertaining to payments by the Workers’ Compensation Fund only applies to employers insured by insurance carriers and do not apply to self-insured employers. Self-insured employers are responsible for payment of their own claims under this section.

(m) (1) On an order imposed by the Insurance Commissioner under § 2411(e) of Title 18 requiring payment of restitution following a finding of insurance fraud, and after all rights of appeal from the order have been waived or exhausted, the Board shall, on motion of the party to whom restitution was ordered and after hearing and opportunity to be heard, allow a credit against benefits payable under § 2324, § 2325, or § 2326 of this title, for any restitution ordered by the Insurance Commissioner remaining unpaid.

(2) The Board shall review orders establishing a credit under paragraph (m)(1) of this section on motion based on any change in circumstances that may warrant modification or rescission of a prior order.
19 Del. C. § 3362 — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3362
§ Â
        3362. Acquisition of business or assets of another employing unit; liability for debt of predecessor.
Status: in_force

Whenever any employing unit acquires the organization, trade or business or substantially all the assets thereof of another employing unit which was an employer subject to this chapter, the acquiring employing unit shall give to the Department written notice of the acquisition within 7 days after the date of the transfer. The notice shall specify the acquired assets and state the value as of the date of the transfer. If such notice is not duly given or if the Department within 7 days after the receipt of such notice issues a certificate under § 3361 of this title or notifies the acquiring employing unit of the amount due by its predecessor in interest, the acquiring employing unit shall hold in trust enough of the acquired assets to pay the debt. If it fails to hold such assets in trust, the acquiring employing unit shall become liable for the debt to the extent of the value of the acquired assets.
19 Del. C. § 3703 — Delaware Code / Title 19 / Chapter 37 / Section 3703
§ Â
        3703. Duration of benefits.
Status: in_force

(a) A covered individual is eligible for a maximum of 12 weeks of family and medical leave benefits in an application year.

(1) The maximum number of weeks during which parental leave benefits are payable under § 3702(a)(1) of this title in an application year is 12 weeks.

(2) The maximum aggregate number of weeks during which medical leave and family caregiving leave benefits are payable under § 3702(a)(2), (a)(3), and (a)(4) of this title in an application year is 6 weeks in any 24-month period.

(b) If 2 parents are entitled to leave under § 3702(a)(1), (a)(2), or (a)(4) of this title and are employed by the same employer, the aggregate number of weeks of leave to which both may be entitled may be limited by the employer to 12 weeks during any 12-month period. The Department may adopt regulations limiting aggregate family caregiving leave claimed by multiple family members for the same qualifying event under § 3702(a) of this title.

(c) Except for parental leave benefits, and as permitted under § 3706 of this title, a covered individual is eligible for benefits under this chapter not more than once in a 24-month period.

(d) An employer must approve or deny an application for benefits under this section within 5 business days of receipt of a completed application that includes documentation necessary to review the claim. If the claim is denied, the employer shall notify the covered individual of the reason for the denial.

(e) The employer must notify the Department, in a manner determined by the Department, within 3 business days of a claim being approved under this chapter. The first payment of benefits to a covered individual must be made within 30 days after the employer has notified the Department of the approved claim. Subsequent payments must be made every 2 weeks.

(f) An employer with less than 25 employees may elect, with notice to the Department and employees, for each employee to exercise not less than half of the employee’s parental leave for 5 years from the start of benefits under § 3702 of this title.
19 Del. C. § 3351 — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3351
§ Â
        3351. Assessment rates after termination of employerâs military service.
Status: in_force

If the Department finds that an employer’s business is closed solely because of the entrance of 1 or more of the owners, officers, partners or the majority stockholder into the armed forces of the United States, after January 1, 1950, such employer’s experience-rating record shall not be terminated, and, if the business is resumed within 2 years after the discharge or release from active duty in the armed forces of such person or persons, the employer’s experience shall be deemed to have been continuous throughout such period. The benefit wage ratio or benefit ratio of any such employer for the calendar year in which the employer resumes business and the 3 calendar years immediately following shall be a percentage equal to the total of the employer’s benefit wages or benefit charges (including any benefit wages or benefit charges resulting from the payment of benefits to any individual during the period the employer was in the armed forces based upon wages paid by the employer prior to the employer’s entrance into such forces) for the 3 most recently completed calendar years divided by that part of the employer’s total payroll, with respect to which assessments have been paid to the Department, for the 3 most recent calendar years during the whole of which, respectively, such employer has been in business.
19 Del. C. § 2301C — Delaware Code / Title 19 / Chapter 23 / Subchapter I / Section 2301C
§ Â
        2301C. Workersâ compensation specialist.
Status: in_force

There is hereby created within the Department of Labor the classified full-time position of workers’ compensation specialist. The specialist shall assist unrepresented injured employees by providing information so that such employees can understand, assert and protect their rights under Part II of this title. In addition, the specialist may assist the Department in expediting the processing of petitions. However, assistance provided under this section shall not include representing claimants in hearings or offering legal advice.
19 Del. C. § 733 — Delaware Code / Title 19 / Chapter 7 / Subchapter IV / Section 733
§ Â
        733. Removal of file; note taking; protection of file; inspection time.
Status: in_force

Nothing in this subchapter shall be construed as a requirement that an employee be permitted to remove the employee’s own personnel file, any part thereof or a copy of the contents of such file from the place of the employer’s premises where it is made available for inspection. The taking of notes by employees is permitted. The employer shall retain the right to protect the employer’s files from loss, damage or alteration to insure the integrity of the files. The employer may require inspection of the personnel file in the presence of a designated official. The employer must allow sufficient inspection time, commensurate with the volume content of the file. Except for reasonable cause the employer may limit inspection to once every calendar year.
19 Del. C. § 728 — Delaware Code / Title 19 / Chapter 7 / Subchapter III / Section 728
§ Â
        728. Regulations.
Status: in_force

The Secretary shall adopt such rules and regulations as may be necessary and proper to implement the policies of this subchapter.
19 Del. C. § 3604 — Delaware Code / Title 19 / Chapter 36 / Section 3604
§ Â
        3604. Registration required.
Status: in_force

A contractor must register under this chapter before performing construction services or maintenance.
19 Del. C. § 1803 — Delaware Code / Title 19 / Chapter 18 / Section 1803
§ Â
        1803. Employer; prohibited acts.
Status: in_force

(a) No employer shall terminate, demote or take any other disciplinary action against any employee who is a volunteer emergency responder if:

(1) Such employee, when acting as a volunteer emergency responder, is absent from the employee's place of employment in order to respond to a Governor-declared state of emergency lasting up to 7 consecutive days; or

(2) Such employee, when acting as a volunteer emergency responder, is absent from the employee's place of employment in order to respond to a President-declared national emergency lasting up to 14 consecutive days; or

(3) Such employee is absent from the employee's place of employment due to injury sustained by such employee when acting as a volunteer emergency responder including responding to an emergency.

(b) Paragraphs (a)(1) and (a)(2) of this section shall not apply to:

(1) Essential state employees;

(2) Members of the armed forces;

(3) Members of the National Guard;

(4) Employees of a hospital licensed pursuant to Chapter 10 of Title 16; and

(5) Employees of public utilities or providers of voice over IP service or cellular telephone service who are necessary to maintain the integrity of networks, facilities or assist first responders.
19 Del. C. § 3356 — Delaware Code / Title 19 / Chapter 33 / Subchapter III / Section 3356
§ Â
        3356. Effect of amendment of Federal Unemployment Tax Act.
Status: in_force

If the Federal Unemployment Tax Act [26 U.S.C. § 3301 et seq.] is amended by the Congress of the United States to permit a maximum of credit against such federal tax higher than the 90 percent maximum rate of credit now permitted under § 3302(c) of the Internal Revenue Code [26 U.S.C. § 3302(c)] to an employer with respect to this chapter, then for any such employer, liable under the federal statute, the employer’s contribution rate under this chapter shall be that determined in §§ 3350 or 3350A of this title plus the 3/10 of 1 percent additional offset credit permitted under federal law.
19 Del. C. § 2395 — Delaware Code / Title 19 / Chapter 23 / Subchapter V / Section 2395
§ Â
        2395. Workersâ Compensation Fund; payments by insurance carriers.
Status: in_force

(a) Every insurance carrier insuring employers who are or may be liable under this chapter to pay for compensation for personal injuries to or death of their employees under this chapter shall pay to the Department annually, on or before March 1 and October 1 of each year, a sum not to exceed 1% at each date on all workers’ compensation or employer liability premiums received by the carrier during the calendar year next preceding the due date of such payment.

(b) Such sums shall be deposited in a special account known as “Workers’ Compensation Fund.” Such sums shall not be a part of the General Fund of the State. Any balance remaining in such special account at the end of any fiscal year shall not revert to the General Fund.

(c) The amounts paid under this section shall constitute an element of loss for the purpose of establishing workers’ compensation premium rates.

(d) Should the Department subsequently determine that the amounts assessed are insufficient to meet the Fund’s obligations during a calendar year, it may assess insurance carriers to cover any anticipated deficiency, based upon the allocations for that calendar year as determined pursuant to subsection (a) of this section.

(e) Should the Department subsequently determine that the amounts assessed are sufficient to meet the Fund’s obligations during a calendar year, it shall not assess insurance carriers until a deficiency is projected based upon the anticipated expenditures for the next calendar year as determined pursuant to subsection (a) of this section.
19 Del. C. § 106 — Delaware Code / Title 19 / Chapter 1 / Section 106
§ Â
        106. Rules relating to accidents and industrial diseases.
Status: repealed

(a) The Department may make, modify and repeal rules for the prevention of accidents or of industrial or occupational diseases in every employment or place of employment or such rules for the construction, repair and maintenance of places of employment as shall render them safe. Such rules when made shall have the force and effect of law and shall be enforced in the same manner as this chapter.

(b) Before any rule is adopted, amended or repealed, there shall be a public hearing thereon, notice of which shall be published at least once, not less than 10 days prior thereto, in such newspaper or newspapers as the Department may prescribe. All rules and all amendments and repeals thereof shall, unless otherwise prescribed by the Department, take effect 30 days after the first publication thereof and shall be filed in the office of the Secretary of State.

(c) Every rule adopted and every amendment or repeal thereof shall be published in such manner as the Department may determine and a copy shall be delivered to every person making application therefor. The text of each rule, or amendment thereto, shall be included in an appendix to the annual report of the Department next following the adoption or amendment of such rule.

(d) If there should be practical difficulties or unnecessary hardship in carrying out a rule of the Department made pursuant to this section, the Department may, after public hearing, make variation from such requirement if the spirit of the rule and law shall be observed. Any person affected by such rule, or that person’s agent, may petition the Department for such variation stating the grounds therefor. The Department shall fix a day for a hearing on such petition and give reasonable notice thereof to the petitioner. A properly indexed record of all variations made shall be kept in the office of the Department and shall be open to public inspection.

(e) Any person aggrieved by a rule made pursuant to this section may petition the Department for a review of the reasonableness or validity of such rule. The Department may join in 1 proceeding all petitions alleging invalidity or unreasonableness of the same rule. The Department may order a hearing if necessary to determine the issues raised. Notice of the time and place of hearing shall be given to the petitioner and to such other persons as the Department may determine. The decision of the Department shall be final unless, within 30 days after the decision is filed with the Department, one of the parties commences an action as provided in § 109 of this title.

(f) In the formulation of rules and regulations under this section the Department shall seek the advice of the Industrial Accident Board.
19 Del. C. § 3717 — Delaware Code / Title 19 / Chapter 37 / Section 3717
§ Â
        3717. Small business opt-in.
Status: in_force

(a) A small business may opt-in to provide parental leave benefits to its employees who are covered individuals. The small business may opt-in by providing notice to the Department in a manner determined by the Department. After the small business opts-in, the small business must remain opted-in for a period of at least 3 years and may opt-out of coverage for parental leave benefits with 12 months’ notice to its employees and the Department, to take effect not sooner than the end of the 3-year period.

(b) A small business may opt-in to provide medical leave benefits to its employees who are covered individuals. The small business may opt-in by providing notice to the Department in a manner determined by the Department. After the small business opts-in, the small business must remain opted-in for a period of at least 3 years and may opt-out of coverage for medical leave benefits with 12 months’ notice to its employees and the Department, to take effect not sooner than the end of the 3-year period.

(c) A small business may opt-in to provide family caregiving leave benefits to its employees who are covered individuals. The small business may opt-in by providing notice to the Department in a manner determined by the Department. After the small business opts-in, the small business must remain opted-in for a period of at least 3 years and may opt-out of coverage for family caregiving leave benefits with 12 months’ notice to its employees and the Department, to take effect not sooner than the end of the 3-year period.
19 Del. C. § 1706 — Delaware Code / Title 19 / Chapter 17 / Section 1706
§ Â
        1706. Exemption.
Status: in_force

This chapter shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing or inquiry held by a public body in accordance with § 1703 of this title.
19 Del. C. § 2352 — Delaware Code / Title 19 / Chapter 23 / Subchapter III / Section 2352
§ Â
        2352. Persons entitled to institute proceedings for minors; notice to.
Status: in_force

Proceedings for compensation may be instituted by the surviving parent, guardian or next friend in the case of minors claiming to be entitled to compensation, and all notices thereafter shall be given in the manner provided in this chapter to such parent, guardian or next friend.