reglab/housing_qa huggingface dataset:
19 DE Code § 1807. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 18. Volunteer Emergency Responders Job Protection Act|§ 1807. Wrongful termination of employment or disciplinary action; reinstatement; action to enforce act.

§ 1807. Wrongful termination of employment or disciplinary action; reinstatement; action to enforce act. An employee who is terminated or against whom any disciplinary action is taken in violation of this chapter shall be immediately reinstated to his or her former position, if wrongfully terminated, without reduction of wages, seniority, or other benefits and shall receive any lost wages or other benefits, if applicable, during any period for which such termination or other disciplinary action was in effect. An action to enforce this chapter may be brought by the employee to recover any lost wages or other benefits, including court costs and reasonable attorney's fees in Superior Court. An action to enforce this chapter shall be commenced within 1 year after the date of violation. 79 Del. Laws, c. 180, §  1;  70 Del. Laws, c. 186, §  1;
19 DE Code § 1808. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 18. Volunteer Emergency Responders Job Protection Act|§ 1808. Substantially similar employment policies.

§ 1808. Substantially similar employment policies. 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. 79 Del. Laws, c. 180, §  1;
19 DE Code § 1901. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 19. Delaware Workplace Adjustment and Retraining|§ 1901. Short title

§ 1901. Short title This chapter shall be known and may be cited as the “Delaware Worker Adjustment and Retraining Notification Act.”  81 Del. Laws, c. 312, § 1;
19 DE Code § 1902. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 19. Delaware Workplace Adjustment and Retraining|§ 1902. Statement of purpose

§ 1902. Statement of purpose This chapter is intended to direct employers that meet the qualifications of this chapter to provide at least 60 days' advance notice to the Department of Labor Division of Employment and Training of mass layoffs, plant closings, or relocations. The intent is to provide dislocated workers the rapid response services and benefits that are due to them through the Department of Labor and other service providers. The desire of the Department is to assist dislocated workers to return to work as quickly as possible with minimal disruption to their economic well-being. 81 Del. Laws, c. 312, § 1;
19 DE Code § 1906. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 19. Delaware Workplace Adjustment and Retraining|§ 1906. Extension of mass layoff period

§ 1906. Extension of mass layoff period 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.81 Del. Laws, c. 312, § 1;
19 DE Code § 1907. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 19. Delaware Workplace Adjustment and Retraining|§ 1907. Determinations with respect to employment loss

§ 1907. Determinations with respect to employment loss An employer must also give notice if the number of employment losses which occur during a 30-day period fails to meet the threshold requirement of a mass layoff or plant closing, but the number of employment losses of 2 or more groups of workers, each of which is less than the minimum number needed to trigger notice, reaches the threshold level during any 90-day period of a mass layoff, plant closing or relocation. Job losses within any 90-day period will count toward WARN Act threshold levels unless the employer demonstrates that the employment losses during the 90-day period are the result of separate and distinct actions and causes. 81 Del. Laws, c. 312, § 1;
19 DE Code § 1910. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 19. Delaware Workplace Adjustment and Retraining|§ 1910. Civil penalty

§ 1910. Civil penalty (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 his or her 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. 81 Del. Laws, c. 312, § 1;
19 DE Code § 1911. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 19. Delaware Workplace Adjustment and Retraining|§ 1911. Other rights

§ 1911. Other rights The rights and remedies provided to employees by this chapter are in addition to, and not in lieu of, any other contractual or statutory rights and remedies of the employees, and are not intended to alter or affect such rights and remedies, except that the period of notification required by this chapter shall run concurrently with any period of notification required by contract or by any other state or federal statute. 81 Del. Laws, c. 312, § 1;
19 DE Code § 3401. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 34. Counseling, Training and Placement Activities|§ 3401. Determination and collection of special assessment.

§ 3401. Determination and collection of special assessment. (a) In addition to all other payments to the State due under this title, each employer liable for assessments under Chapter 33 of this title shall also be liable for a special assessment on all taxable wages as defined in § 3302(19) of this title payable by each such employer. The special assessment shall be levied at the rate indicated below:  (1) .085% when the taxable wage base is $18,500; (2) .095% when the taxable wage base is $16,500; (3) .11% when the taxable wage base is $14,500; (4) .126% when the taxable wage base is $12,500; and (5) .15% when the taxable wage base is $10,500. (b) The special assessment levied under this section shall not affect the computation of any other assessments due under this title. 64 Del. Laws, c. 460, §  9;  65 Del. Laws, c. 45, §  5;  71 Del. Laws, c. 147, §§  6-8;  75 Del. Laws, c. 81, §§  1, 2;  79 Del. Laws, c. 173, §  7;
19 DE Code § 3403. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 34. Counseling, Training and Placement Activities|§ 3403. Summer Youth Employment Program.

§ 3403. Summer Youth Employment Program. (a) There is hereby established within the Division of Employment and Training a State Summer Youth Employment Program. Youths chosen for work under the Delaware State Summer Youth Employment Program shall not be less than 14 years of age nor more than 20 years of age (except that work leaders may be 21 years of age) and shall be required to provide evidence of same before becoming eligible. All youths participating in the State-assisted program shall be required to present a letter from their parents or guardian indicating their consent to work. The letter shall also release the State and the sponsoring agency from any liability for assignments in the low-risk jobs that will be available. (b) Preference shall be given to those youths that are members of households whose income does not exceed 200 percent of household poverty. Notwithstanding income limits provided for participation in the State Summer Youth Employment Program, consideration may be given to other applicants at a ratio of at least 8 applicants qualified on income to 3 applicants considered beyond the income limits. (c) Any nonprofit or tax-exempt organization certified by the Department of Labor may be authorized to be a sponsoring agent for the State-assisted youth work program. Sponsoring agents shall be required to submit a plan or project that consists of meaningful and productive work experience. The plan or project shall provide such details as the Department shall deem necessary before becoming eligible as a sponsoring agent. (d) The sponsoring agent shall provide 1 work leader for each 20 youths employed in the program to supervise and monitor the attendance and work performance of the youths selected for the program. Work leaders shall be paid the minimum wage and shall work no longer than 8 hours per day, 5 days per week. 73 Del. Laws, c. 308, §  1;
19 DE Code § 3404. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 34. Counseling, Training and Placement Activities|§ 3404. Focus on Alternative Skills Training Program [Effective until Oct. 1, 2023].

§ 3404. Focus on Alternative Skills Training Program [Effective until Oct. 1, 2023]. (a) This section establishes the Focus on Alternative Skills Training Program (“FAST”) within the Division of Employment and Training. FAST provides tuition for an eligible individual for an approved nondegree credit certificate program that provides industry-accepted skill training and certification.  (b) An individual must provide proof of all of the following to be eligible for FAST:  (1) That the individual is a resident of Delaware. (2) That the individual has attained any of the following:  a. A diploma from a Delaware public, charter, or nonpublic high school, or homeschool. b. A Diploma of Alternate Achievement Standards under § 152 of Title 14. c. A Delaware secondary credential. (3) That the individual enrolled in an approved nondegree credit certificate program no later than 24 months after graduating from high school. (4) If employed, a statement from the individual's employer providing the amount of financial assistance the employer paid toward tuition for the nondegree credit certificate program. (c) (1) The Workforce Development Board, or its successor, shall maintain a list of nondegree credit certificate programs approved for FAST. The list of nondegree credit certificate programs approved for FAST must be updated annually. (2) The Workforce Development Board must include the following criteria in the decision to approve a nondegree credit certificate program for FAST:  a. The skill requirements of employers in the State, including the skill needs of an in-demand industry sector or occupation in the State. b. The job-placement rate for graduates. (d) A FAST payment under this section must be made as follows:  (1) The total amount of FAST payments for each eligible individual may not exceed $10,000. (2) A FAST payment may not pay an individual's tuition for longer than 12 months, but multiple tuition payments may be made on behalf of an individual.  (3) The FAST payment is equal to the difference between the full amount of tuition charged by the nondegree credit certificate program and any financial assistance the individual received. (4) FAST payments must be paid on a first-come, first-served basis. (5) The FAST program is subject to the availability of funds appropriated for this specific purpose. This subsection does not create a right or entitlement in an individual to receive a monetary payment under the compensation program. (e) The Department of Labor may adopt policies and procedures to implement this section. 83 Del. Laws, c. 211, § 1;
19 DE Code § 3502. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 35. Workplace Fraud Act|§ 3502. Application.

§ 3502. Application. This chapter applies only to the construction services industry. 77 Del. Laws, c. 192, §  1;
19 DE Code § 3503. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 35. Workplace Fraud Act|§ 3503. Acts prohibited.

§ 3503. Acts prohibited. (a) An employer must not act as a labor broker by improperly classifying an individual who performs work for remuneration provided by an employer as an independent contractor. (b) An employer has improperly classified an individual when an employer-employee relationship exists, as determined under subsection (c) of this section, but the employer has not classified the individual as an employee. (c) (1) An “employer-employee” relationship is presumed to exist when work is performed by an individual for remuneration paid by an employer, unless the employer demonstrates, to the satisfaction of the Department, that the individual is an exempt person or independent contractor. (2) By contract, a general contractor or subcontractor may engage an independent contractor registered under Chapter 36 of this title, to do the same type of work in which the general contractor or subcontractor engages, at the same location where the general contractor or subcontractor is working, without establishing an employer-employee relationship between the multiple contracting parties. (3) There is a rebuttable presumption that an entity or individual who acts as a labor broker in providing construction services has engaged in a knowing violation of this chapter. (d) A person must not knowingly incorporate or form, or assist in the incorporation or formation of, a corporation, partnership, limited liability corporation, or other entity, or pay or collect a fee for use of a foreign or domestic corporation, partnership, limited liability corporation, or other entity for the purpose of facilitating, or evading detection of, a violation under this section. (e) A person must not knowingly conspire with, aid and abet, assist, advise, or facilitate an employer with the intent of violating the provisions of this chapter. (f) The Department shall adopt regulations to further explain and provide specific examples of subsections (c), (d), and (e) of this section. 77 Del. Laws, c. 192, §  1;  82 Del. Laws, c. 168, § 2;  82 Del. Laws, c. 291, § 2;
19 DE Code § 3506. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 35. Workplace Fraud Act|§ 3506. Provisions of law may not be waived by agreement.

§ 3506. Provisions of law may not be waived by agreement. Except as provided in this chapter, no provision of this chapter may in any way be contravened or set aside by private agreement. 77 Del. Laws, c. 192, §  1;
19 DE Code § 3507. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 35. Workplace Fraud Act|§ 3507. Department collaboration with other state agencies.

§ 3507. Department collaboration with other state agencies. As authorized by state and federal law, divisions within the Department, the Division of Unemployment Insurance, the Office of Workers' Compensation, the Department of Insurance, the Office of the Attorney General, the Division of Revenue and other departments, agencies, or divisions of the State shall cooperate and share information concerning any suspected failure to properly classify an individual as an employee. 77 Del. Laws, c. 192, §  1;
19 DE Code § 3508. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 35. Workplace Fraud Act|§ 3508. Cause of action by employees or other individuals for violations of certain provisions of this chapter.

§ 3508. Cause of action by employees or other individuals for violations of certain provisions of this chapter. (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. 77 Del. Laws, c. 192, §  1;
19 DE Code § 3509. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 35. Workplace Fraud Act|§ 3509. Retaliation prohibited.

§ 3509. Retaliation prohibited. (a) An employer may not discriminate in any manner or take adverse action against any person because the person:  (1) Files a complaint with the employer or the Department alleging that the employer violated any provision of this chapter or any regulation adopted under this chapter; (2) Brings an action under this chapter or a proceeding involving a violation of this chapter; (3) Testifies in an action authorized under this chapter or a proceeding involving a violation of the provisions of this chapter or any regulation adopted by this chapter; or (4) Assists in an investigation by providing information to a litigant in a civil action, the Department or another state agency in proceedings as provided by this chapter. (b) A person who believes that an employer has discriminated in any manner or taken adverse action against the person in violation of subsection (a) of this section:  (1) May submit to the Department a written verified complaint that alleges the discrimination and that includes the signature of the complainant; and (2) Upon receipt of a complaint pursuant to this section, the Department will determine if an investigation is warranted.77 Del. Laws, c. 192, §  1;
19 DE Code § 3510. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 35. Workplace Fraud Act|§ 3510. Provisions relating to contracts with public bodies.

§ 3510. Provisions relating to contracts with public bodies. (a) Where, after investigation, the Department determines that an employer engaged in work on a public works project is in violation of this chapter or regulations adopted pursuant to this chapter, the Department shall promptly notify the public body. (b) The public body shall:  (1) On notification of the violation pursuant to subsection (a) of this section, withhold from payment due the employer an amount that is sufficient to:  a. Pay restitution to each employee for the full amount of wages due; and b. Pay any benefits, taxes, or other contributions that are required by law to be paid on behalf of the employee. (2) Release:  a. On issuance of a final order of a court or the Department, the full amount of the withheld funds; and b. On an adverse final order of a court or the Department, the balance of the withheld funds after all obligations are satisfied pursuant to paragraph (b)(1) of this section. (c) Subject to the process set forth in this section:  (1) An employer found to be in violation of this chapter more than twice in a 2-year period may be subject to debarment. (2) The Department shall file with the Office of Management and Budget, the Division of Revenue, the Division of Unemployment Insurance, the Department of Insurance, the Office of Workers' Compensation, and the Office of the Attorney General, a list of employers who are subject to debarment. A debarment under this section shall be in effect against any successor corporation or business entity that:  a. Has 1 or more of the same principals or officers as the employer against whom the debarment was imposed; and b. Is engaged in the same or equivalent trade or activity.77 Del. Laws, c. 192, §  1;
19 DE Code § 3511. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 35. Workplace Fraud Act|§ 3511. Employer record-keeping requirements.

§ 3511. Employer record-keeping requirements. (a) An employer shall keep, for at least 3 years, in or about its place of business, records of the employer containing the following information:  (1) The name, address, occupation, and classification of each employee or independent contractor; (2) The rate of pay of each employee or method of payment for the independent contractor; (3) The amount that is paid each pay period to each employee; (4) The hours that each employee works each day and each work week; (5) For all individuals who are not classified as employees, evidence including the written notice required by subsection (c) of this section and any other evidence in the employer's possession which the employer believes is relevant to determine whether each individual is an exempt person, an independent contractor or an employee; and (b) An employer shall provide each individual classified as an independent contractor or exempt person with written notice of such classification at the time the individual is hired. (c) The written notice shall:  (1) Include an explanation of the implications of the individual's classification as an independent contractor or exempt person rather than as an employee; (2) Include contact information for the Department; (3) Be provided in English and Spanish; and (4) Be signed by both the employer and the independent contractor or by the employer and the exempt person, as the case may be. (d) Failure to comply with the written notice requirement in subsection (c) of this section shall be evidence of a knowing violation by the employer of § 3503 of this title. The employer shall be liable for an administrative penalty of $500 for each individual that the employer failed to notify. (e) An employer who complies with the written notice requirement in subsection (c) of this section shall be presumed to have acted in good faith in determining whether to classify an individual as an employee, an independent contractor or an exempt person pursuant to § 3503 of this title. (f) The Department shall adopt regulations establishing specific requirements for the content and form of the notice by October 29, 2010, and, notwithstanding the provisions of subsection (b) of this section, the adoption of such regulations shall be a prerequisite to an employer's obligation to furnish the notice. 77 Del. Laws, c. 192, §  1;
19 DE Code § 3512. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 35. Workplace Fraud Act|§ 3512. Regulations.

§ 3512. Regulations. 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 the provisions of this chapter and any such regulations shall, except as may be otherwise provided by the Department, take effect upon publication. 77 Del. Laws, c. 192, §  1;