reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 19 - Labor › Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act › Subchapter I. General Provisions › § 1608. Unfair labor practices — Disposition of complaints.

§ 1608. Unfair labor practices — Disposition of complaints.
(a) The Public Employment Relations Board is empowered and directed to prevent any unfair labor practice described in § 1607(a) and (b) of this title and to issue appropriate remedial orders. Whenever it is charged that anyone has engaged or is engaging in any unfair practice described in § 1607(a) and (b) of this title, the Board or any designated agent thereof shall have authority to issue and cause to be served upon such party a complaint stating the specific unfair practice charge and including a notice of hearing containing the date and place of hearing before the Board or any designated agent thereof. Evidence shall be taken and filed with the Board; provided, that no complaint shall issue based on any unfair labor practice occurring more than 180 days prior to the filing of the charge with the Board.
(b) (1) If, upon all the evidence taken, the Board shall determine that any party charged has engaged or is engaging in any such unfair practice, the Board shall state its findings of fact and conclusions of law and issue and cause to be served on such party an order requiring such party to cease and desist from such unfair practice, and to take such reasonable affirmative action as will effectuate the policies of this chapter, such as payment of damages and/or the reinstatement of employee; provided, however, that the Board shall not issue:
a. Any order providing for binding interest arbitration or any or all issues arising in collective bargaining between the parties involved; or
b. Any order, the effect of which is to compel concessions on any items arising in collective bargaining between the parties involved.
(2) If, upon the evidence taken, the Board shall determine that any party charged has not engaged or is not engaging in any such unfair practice, the Board shall state, in writing, its findings of fact and the conclusions of law and issues and dismiss the complaint.
(c) In addition to the powers granted by this section, the Board shall have the power, at any time during proceedings authorized by this section, to issue orders providing such temporary or preliminary relief as the Board deems just and proper, subject to the limitations of subsection (b) of this section.
65 Del. Laws, c. 477, §  1;  72 Del. Laws, c. 145, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act › Subchapter I. General Provisions › § 1609. Unfair labor practices — Appeals; petitions for enforcement.

§ 1609. Unfair labor practices — Appeals; petitions for enforcement.
(a) Any person or party adversely affected by a decision of the Board under § 1608 or § 1615 of this title may appeal that decision to the Chancery Court of this State. Such an appeal must be filed within 15 days of the date upon which the decision was rendered and shall not automatically act as a stay.
(b) The Board may petition the Chancery Court of this State for enforcement of any order issued under § 1608 or § 1615 of this title.
65 Del. Laws, c. 477, §  1;  72 Del. Laws, c. 271, §§  5-8;  74 Del. Laws, c. 173, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act › Subchapter I. General Provisions › § 1610. Bargaining unit determination.

§ 1610. Bargaining unit determination.
(a) An employee organization desiring to be certified as the exclusive representative shall file a petition with the Board, accompanied by the uncoerced signatures of at least 30 percent of the public employees in the unit claimed to be appropriate, indicating a desire to be represented for the purpose of bargaining collectively with the public employer.
(b) If the Board or its duly authorized designee determines that a petition is properly filed and is accompanied by the requisite number of valid signatures, the Board or its designee shall proceed toward defining the appropriate bargaining unit by setting a date for hearing on the matter. If a petition is not properly filed and/or if it is not accompanied by the requisite number of valid signatures, the Board or its designee shall dismiss the petition.
(c) After holding such hearings as it deems necessary, the Board shall determine the appropriate bargaining unit. The Board may, by rule, delegate its unit definition authority to one or more of its members or to its Executive Director, provided that a unit definition order may be subject to review by the Board at the request of any party or upon the Board's own motion in accordance with rules and procedures established by the Board.
(d) In making its determination as to the appropriate bargaining unit, the Board or its designee shall consider such factors as the similarity of duties, skills and working conditions of the employees involved; the history and extent of the employee organization; the recommendations of the parties involved; the effect of overfragmentation of bargaining units on the efficient administration of government; and such other factors as the Board may deem appropriate.
(e) Procedures for redefining or modifying a unit shall be set forth in the rules and procedures established by the Board.
(f) Any bargaining unit designated as appropriate prior to the effective date of this chapter, for which an exclusive representative has been certified, shall so continue without the requirement of a review and possible redesignation until such time as a question concerning appropriateness is properly raised under this chapter. The appropriateness of the unit may be challenged by the public employer, 30 percent of the members of the unit, an employee organization, or the Board not more than 180 days nor less than 120 days prior to the expiration of any collective bargaining agreement in effect on the date of the passage of this chapter. The continued appropriateness of any bargaining unit designated as appropriate prior to the effective date of this chapter, for which an exclusive representative is not certified, may be challenged by the public employer, 30 percent of the members of the unit, an employee organization or the Board at any time up until 30 days prior to the holding of an election to determine representation.
65 Del. Laws, c. 477, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act › Subchapter I. General Provisions › § 1612. Employee organizations required to register and submit annual reports.

§ 1612. Employee organizations required to register and submit annual reports.
Every employee organization which has or seeks recognition as a representative of public employees under this chapter, shall file with the Board a registration report signed by its president or other appropriate officer. Such report shall be updated on an annual basis by any organization which continues to have or seeks recognition, shall be in a form prescribed by the Board and shall be accompanied by 2 copies of the employee organization's constitution and bylaws. All changes or amendments to such constitutions and bylaws shall be promptly reported to the Board.
65 Del. Laws, c. 477, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act › Subchapter I. General Provisions › § 1613. Collective bargaining agreements.

§ 1613. Collective bargaining agreements.
(a) Collective bargaining shall commence at least 90 days prior to the expiration date of any current collective bargaining agreement or, in the case of a newly-certified exclusive representative, within a reasonable time after certification.
(b) Negotiating sessions, including strategy meetings of public employers, mediation and the deliberative process of binding interest arbitrators shall be exempt from Chapter 100 of Title 29. Hearings conducted by binding interest arbitrators shall be open to the public.
(c) The public employer and the exclusive bargaining representatives shall negotiate written grievance procedures by means of which bargaining unit employees, through their collective bargaining representatives, may appeal the interpretation or application of any term or terms of an existing collective bargaining agreement; such grievance procedures shall be included in any agreement entered into between the public employer and the exclusive bargaining representative.
(d) Any contract or agreement reached between a public employer and any exclusive representative shall be for a minimum period of 2 years from the effective date of such contract or agreement, unless otherwise mutually agreed upon by the public employer and the exclusive representative.
(e) No collective bargaining agreement shall be valid or enforceable if its implementation would be inconsistent with any statutory limitation on the public employer's funds, spending or budget, or would otherwise be contrary to law.
(f) Public employers shall file with the Board a copy of any agreements that have been negotiated with employee representatives following the consummation of negotiations. The Board shall maintain a current file of all such agreements.
65 Del. Laws, c. 477, §  1;  72 Del. Laws, c. 271, §§  2, 8;  74 Del. Laws, c. 173, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act › Subchapter I. General Provisions › § 1614. Mediation.

§ 1614. Mediation.
(a) If, after a reasonable period of negotiations over the terms of an agreement or after a reasonable time following certification of an exclusive representative, no agreement has been signed, the parties may voluntarily submit to mediation. If, however, no agreement is reached between the parties by 60 days prior to the expiration date of an existing collective bargaining agreement, or, in the case of a newly-certified exclusive representative, within 60 days after negotiations have commenced, both parties shall immediately notify the Board of the status of negotiations.
(b) If the parties have not voluntarily agreed to enlist the services of a mediator and less than 30 days remain before the expiration date of the existing collective bargaining agreement, or, in the case of a newly-certified exclusive representative, more than 90 days have elapsed since negotiations began, the Board must appoint a mediator if so requested by the public employer or the exclusive bargaining representative. The mediator shall be chosen from a list of qualified persons maintained by the Board, or upon agreement of the parties, from the Federal Mediation and Conciliation Service, and shall be representative of the public.
(c) If the labor dispute has not been settled after a reasonable period of mediation, during which both parties have made a good faith effort to settle their differences, the parties jointly or individually may petition the Board in writing to initiate binding interest arbitration. In lieu of a petition, the mediator may inform the Board that further negotiations between the parties, at that time, are unlikely to be productive and recommend that binding interest arbitration be initiated. The public employer and the exclusive bargaining representative may initiate binding interest arbitration at any time, by mutual agreement.
(d) Any costs involved in retaining a mediator to assist the parties in reaching a negotiated agreement shall be paid by the Board.
65 Del. Laws, c. 477, §  1;  72 Del. Laws, c. 271, §§  3, 8;  74 Del. Laws, c. 173, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act › Subchapter I. General Provisions › § 1616. Strikes prohibited.

§ 1616. Strikes prohibited.
(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.
65 Del. Laws, c. 477, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act › Subchapter I. General Provisions › § 1617. Injunctions.

§ 1617. Injunctions.
(a) Chancery Court is vested with the authority to hear and determine all actions alleging violation of § 1616 of this title. Suits to enjoin violations of § 1616 of this title will have priority over all matters on the Court's docket except other emergency matters.
(b) Where it appears that any public employee, group of employees, employee organizations or any officer or agent thereof, threaten or are about to do, or are doing, any act in violation of § 1616 of this title, the public employer may forthwith apply to the Court of Chancery for an injunction against such violation.
(c) If an order of the Court enjoining or restraining a violation of § 1616 of this title does not receive immediate compliance, the public employer shall apply to the Court for appropriate contempt sanctions against any party in violation of such order. Upon a proper showing that any person or organization has failed to comply with such an order, the Court shall, in addition to any other remedy it deems appropriate, fine such violating party an amount on a daily, weekly or monthly basis without limitation as determined by the Court.
(d) In determining an appropriate amount for fines imposed pursuant to subsection (c) of this section, the Court shall consider and receive evidence of:
(1) The extent and value of services lost due to the violation of § 1616 of this title.
(2) Any unfair labor practices committed by either party during the collective bargaining process.
(3) The extent of the wilful defiance or resistance to the Court's order.
(4) The impact of the strike on the health, safety and welfare of the public.
65 Del. Laws, c. 477, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act › Subchapter I. General Provisions › § 1618. Status of existing exclusive representative.

§ 1618. Status of existing exclusive representative.
An employee organization that has been certified as the exclusive representative of a bargaining unit deemed to be appropriate prior to the effective date of this chapter shall so continue without the requirement of an election and certification until such time as a question concerning representation is appropriately raised under this chapter in accordance with § 1611(b) of this title, or until the Board would find the unit not to be appropriate in accordance with § 1610(f) of this title.
65 Del. Laws, c. 477, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act › Subchapter II. Volunteer Firefighter and Rescue Squad Worker Protection Act [Effective upon enactment of comparable federal law] › § 1621. Definitions [Effective upon enactment of comparable federal law].

§ 1621. Definitions [Effective upon enactment of comparable federal law].
As used in this subchapter the term “employee” shall not include a firefighter or a member of a rescue squad during the period in which the firefighter or rescue squad member volunteers the firefighter's or member's services at a location where the firefighter or member is either employed or is not then or regularly employed.
70 Del. Laws, c. 498, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act › Subchapter II. Volunteer Firefighter and Rescue Squad Worker Protection Act [Effective upon enactment of comparable federal law] › § 1622. Waiver of overtime compensation [Effective upon enactment of comparable federal law].

§ 1622. Waiver of overtime compensation [Effective upon enactment of comparable federal law].
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.
70 Del. Laws, c. 498, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act › Subchapter II. Volunteer Firefighter and Rescue Squad Worker Protection Act [Effective upon enactment of comparable federal law] › § 1623. Coercion [Effective upon enactment of comparable federal law].

§ 1623. Coercion [Effective upon enactment of comparable federal law].
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.
70 Del. Laws, c. 498, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 17. Whistleblowers’ Protection › § 1702. Definitions.

§ 1702. Definitions.
As used in this chapter:
(1) “Employee” means a person employed full or part-time by any employer, and shall include, but not be limited to, at-will employees, contract employees, independent contractors, and volunteer firefighters as defined in § 6651(c) of Title 16.
(2) “Employer” means any person, partnership, association, sole proprietorship, corporation or other business entity, including any department, agency, commission, committee, board, council, bureau, or authority or any subdivision of them in state, county or municipal government. One shall employ another if services are performed for wages or under any contract of hire, written or oral, express or implied.
(3) “Person” means an individual, sole proprietorship, partnership, corporation, association, or any other legal entity.
(4) “Public body” means all of the following:
a. A state-wide elected official, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of state government or employee of them;
b. A legislator or employee of the legislative branch of state government;
c. An elected official of a county, city, or school district or employee of them;
d. A law-enforcement agency or employee of that law-enforcement agency; and
e. A federal agency or employee of that federal agency.
(5) “Supervisor” means any individual to whom an employer has given the authority to direct and control the work performance of the affected employee or any individual who has the authority to take corrective action regarding the violation of a law, rule or regulation about which the employee complains.
(6) “Violation” means an act or omission by an employer, or an agent thereof, that is:
a. Materially inconsistent with, and a serious deviation from, standards implemented pursuant to a law, rule, or regulation promulgated under the laws of this State, a political subdivision of this State, or the United States, to protect employees or other persons from health, safety, or environmental hazards while on the employer's premises or elsewhere; or
b. Materially inconsistent with, and a serious deviation from, financial management or accounting standards implemented pursuant to a rule or regulation promulgated by the employer or a law, rule, or regulation promulgated under the laws of this State, a political subdivision of this State, or the United States, to protect any person from fraud, deceit, or misappropriation of public or private funds or assets under the control of the employer.
74 Del. Laws, c. 361, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 17. Whistleblowers’ Protection › § 1703. Protection.

§ 1703. Protection.
An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment, including reporting or threatening to report an employee's suspected or actual citizenship or immigration status or the suspected or actual citizenship or immigration status of a family member of the employee to a federal, state, or local agency:
(1) Because the employee, or a person acting on behalf of the employee, reports or is about to report to a public body, verbally or in writing, a violation which the employee knows or reasonably believes has occurred or is about to occur, unless the employee knows or has reason to know that the report is false; or
(2) Because an employee participates or is requested by a public body to participate in an investigation, hearing, or inquiry held by that public body, or a court action, in connection with a violation as defined in this chapter; or
(3) Because an employee refuses to commit or assist in the commission of a violation, as defined in this chapter; or
(4) Because the employee reports verbally or in writing to the employer or to the employee's supervisor a violation, which the employee knows or reasonably believes has occurred or is about to occur, unless the employee knows or has reason to know that the report is false. Provided, however that if the report is verbally made, the employee must establish by clear and convincing evidence that such report was made; or
(5) Because an employee reports or is about to report to a public body, to the employer or the employee's supervisor, verbally or in writing any noncompliance or an infraction which the employee knows or reasonably believes has occurred or is about to occur, of Chapter 80 of Title 15 unless the employee knows or has reason to believe the report is false; or participates or is requested to participate in an investigation, hearing, trial or inquiry, of a person or entity other than employee, regarding noncompliance or an infraction of Chapter 80 of Title 15; or refuses to participate or assist in the noncompliance or an infraction of Chapter 80 of Title 15.
74 Del. Laws, c. 361, §  1;  79 Del. Laws, c. 344, §  1;  83 Del. Laws, c. 488, § 1;
2023 Delaware Code › Title 19 - Labor › Chapter 17. Whistleblowers’ Protection › § 1704. Relief and damages.

§ 1704. Relief and damages.
(a) A person who alleges a violation of this chapter may bring a civil action for appropriate declaratory relief, or actual damages, or both within 3 years after the occurrence of the alleged violation of this chapter.
(b) An action commenced pursuant to subsection (a) of this section may be brought in Superior Court in the county where the alleged violation occurred, the county where the complainant resides, or the county where the person against whom the civil complaint is filed resides or has their principal place of business.
(c) As used in subsection (a) of this section, “damages” means damages for injury or loss caused by each violation of this chapter.
(d) A court, in rendering a judgment in an action brought under this chapter, shall order, as the court considers appropriate, reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, expungement of records relating to the disciplinary action or discharge, actual damages, or any combination of these remedies. A court may also award, as part of a judgment in an action brought under this chapter, all or a portion of the costs of litigation, including attorneys' fees, if the court determines that such an award is appropriate.
74 Del. Laws, c. 361, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 17. Whistleblowers’ Protection › § 1706. Exemption.

§ 1706. Exemption.
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.
74 Del. Laws, c. 361, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 17. Whistleblowers’ Protection › § 1707. Notices requirement.

§ 1707. Notices requirement.
An employer shall post notices and use other appropriate means to keep the employer's employees informed of their protections and obligations under this chapter.
74 Del. Laws, c. 361, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 17. Whistleblowers’ Protection › § 1708. Burden of proof.

§ 1708. Burden of proof.
The burden of proof in any action brought under this chapter shall be upon the employee to show that the primary basis for the discharge, threats, or discrimination alleged to be in violation of this chapter was that the employee undertook an act protected pursuant to § 1703 of this title.
74 Del. Laws, c. 361, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 18. VOLUNTEER EMERGENCY RESPONDERS JOB PROTECTION ACT › § 1802. Definitions.

§ 1802. Definitions.
As used in this chapter, unless the context otherwise requires:
(1) “Employer” means any person employing 10 or more employees; and
(2) “Volunteer emergency responder” means a volunteer firefighter, a member of a ladies auxiliary of a volunteer fire company, volunteer emergency medical technician and/or a volunteer fire police officer.
79 Del. Laws, c. 180, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 18. VOLUNTEER EMERGENCY RESPONDERS JOB PROTECTION ACT › § 1803. Employer; prohibited acts.

§ 1803. Employer; prohibited acts.
(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 his or her 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 his or her 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 his or her 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.
79 Del. Laws, c. 180, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 18. VOLUNTEER EMERGENCY RESPONDERS JOB PROTECTION ACT › § 1804. Employer; adjustments to wages authorized.

§ 1804. Employer; adjustments to wages authorized.
An employer may subtract from an employee's earned wages any time such employee is away from his or her place of employment for reason described in § 1803 of this title.
79 Del. Laws, c. 180, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 18. VOLUNTEER EMERGENCY RESPONDERS JOB PROTECTION ACT › § 1805. Employee; duty to notify employer.

§ 1805. Employee; duty to notify employer.
An employee shall notify his or her employer, in accordance with the existing policies of the employer if such policy exists, that he or she may be absent from his or her place of employment upon the occurrence of an event described in § 1803 of this title.
79 Del. Laws, c. 180, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 18. VOLUNTEER EMERGENCY RESPONDERS JOB PROTECTION ACT › § 1806. Employee; provide written statement; contents.

§ 1806. Employee; provide written statement; contents.
(a) At an employer's request, an employee, acting as a volunteer emergency responder, who is absent from his or her place of employment in order to respond to an emergency shall provide his or her employer, within 7 days of such request, a written statement signed by the individual in charge of the volunteer department or another individual authorized to act for such individual that includes the following:
That the employee responded to an emergency; the date and time of the emergency; and the date and time such employee completed his or her volunteer emergency activities.
(b) At an employer's request, an employee, who is absent from his or her place of employment due to injury sustained by such employee while responding to an emergency shall provide his or her employer, within 5 days of such request, a written statement signed by the relevant medical professional or another individual authorized to act for such medical professional that includes the following:
That the employee was seen by such medical professional, the date the employee was seen by such medical professional, and the estimated period of partial or total incapacity to perform the employee's job.
79 Del. Laws, c. 180, §  1;  70 Del. Laws, c. 186, §  1;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter I. General Provisions › § 2301C. Workers' compensation specialist.

§ 2301C. Workers' compensation specialist.
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.
71 Del. Laws, c. 84, §  2;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter I. General Provisions › § 2301D. Annual review of Industrial Accident Board Case management.

§ 2301D. Annual review of Industrial Accident Board Case management.
(a) The General Assembly intends for the Industrial Accident Board and the hearing officers thereof to manage its caseload in a manner which recognizes the importance of determining matters before the Board in a speedy, efficient and just manner. To that end, the General Assembly intends for the Board and the hearing officers thereof to cooperate closely with the Department of Labor, which is the executive branch agency responsible for the effective administration of the Board's activities, pursuant to Part II of this title, in developing procedures and processes which accomplish that important purpose.
(b) To ensure public accountability for the speedy, efficient and just determination of the matters before the Board, the Department of Labor shall conduct an annual review of the effectiveness of the management of the Board's caseload. Such annual review should be published on or before February 15 of each year and the Board shall be involved in the development of such annual review. The review shall include:
(1) An analysis of the caseload pending before the Board, including, but not limited to, an analysis of dispositional speed, caseload backlog, number of continuances granted and the grounds therefor, number of appeals and the reversal rate of the Board and compliance with hearing and decisional deadlines set forth in Part II of this title or in board rules, to ensure that the performance of the Board as a whole can be evaluated by the General Assembly, the Governor and the public at large;
(2) An analysis of the caseload pending before the Board, particularized as to the individual hearing officers of the Board to ensure that the performance of such hearing officers can be evaluated;
(3) Departmental recommendations regarding methods, including, but not limited to, legislative action and board rule changes, to improve the performance of the Board and Department in ensuring the speedy, efficient and just determination of matters before the Board.
(c) [Repealed.]
71 Del. Laws, c. 84, §  2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 410, §  1;  78 Del. Laws, c. 229, §  5;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter I. General Provisions › § 2302. Wages; definition and computation; valuation of board and lodging.

§ 2302. Wages; definition and computation; valuation of board and lodging.
(a) “Average weekly wage” means the weekly wage earned by the employee at the time of the employee's injury at the job in which the employee was injured, including overtime pay, gratuities and regularly paid bonuses (other than an employer's gratuity or holiday bonuses) but excluding all fringe or other in-kind employment benefits. The term “average weekly wage” shall include the reasonable value of board, rent, housing or lodging received from the employer, which shall be fixed and determined from the facts in each particular case.
(b) The average weekly wage shall be determined by computing the total wages paid to the employee during the 26 weeks immediately preceding the date of injury and dividing by 26, provided that:
(1) If the employee worked less than 26 weeks, but at least 13 weeks, in the employment in which the employee was injured, the average weekly wage shall be based upon the total wage earned by the employee in the employment in which the employee was injured, divided by the total number of weeks actually worked in that employment;
(2) If an employee sustains a compensable injury before completing that employee's first 13 weeks, the average weekly wage shall be calculated as follows:
a. If the contract was based on hours worked, by determining the number of hours for each week contracted for by the employee multiplied by the employee's hourly rate;
b. If the contract was based on a weekly wage, by determining the weekly salary contracted for by the employee; or
c. If the contract was based on a monthly salary, by multiplying the monthly salary by 12 and dividing that figure by 52; and
d. If the hourly rate of earnings of the employee cannot be ascertained, or if the pay has not been designated for the work required, the average weekly wage, for the purpose of calculating compensation, shall be taken to be the average weekly wage for similar services performed by other employees in like employment for the past 26 weeks.
(3) In any event, the weekly compensation allowed shall not exceed the maximum or be less than the minimum provided by law.
Code 1915, §  3193uu;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  10;  Code 1935, §  6117;  45 Del. Laws, c. 297, §  6;  19 Del. C. 1953, §  2302;  50 Del. Laws, c. 339, §§  2, 3;  52 Del. Laws, c. 49, §  3;  70 Del. Laws, c. 96, §  1;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 1, §  5;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter I. General Provisions › § 2304. Compensation as exclusive remedy.

§ 2304. Compensation as exclusive remedy.
Except as expressly excluded in this chapter and except as to uninsured motorist benefits, underinsured motorist benefits, and personal injury protection benefits, every employer and employee, adult and minor, shall be bound by this chapter respectively to pay and to accept compensation for personal injury or death by accident arising out of and in the course of employment, regardless of the question of negligence and to the exclusion of all other rights and remedies.
Code 1915, §  3193c;  29 Del. Laws, c. 233;  Code 1935, §  6073;  43 Del. Laws, c. 269, §  2;  19 Del. C. 1953, §  2304;  80 Del. Laws, c. 420, § 1;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter I. General Provisions › § 2305. Exemption from liability prohibited; exception.

§ 2305. Exemption from liability prohibited; exception.
No agreement, rule, regulation or other device shall in any manner operate to relieve any employer or employee in whole or in part from any liability created by this chapter, except as specified in this chapter.
Code 1915, §  3193g;  29 Del. Laws, c. 233;  Code 1935, §  6077;  19 Del. C. 1953, §  2305;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter I. General Provisions › § 2306. Applicability — Employers.

§ 2306. Applicability — Employers.
(a) Except as otherwise indicated, this chapter shall apply to the employer and employee in any employment in which 1 or more employees are engaged.
(b) In all cases where an employer not subject to this chapter carries insurance to insure the payment of compensation to the employees, then in any and all such cases such employer and employees shall come under this chapter, and all of the provisions thereof, with the same force and effect as in cases where an employer is subject to this chapter.
(c) Every employer shall keep a summary of this chapter, approved by the Department, and any applicable regulations published thereunder or a summary thereof, approved by the Department, posted in a conspicuous and accessible location in or about the premises or place of employment and where employees normally pass. Employers shall be furnished copies by the Department on request without charge.
Code 1915, §  3193vv;  29 Del. Laws, c. 233;  33 Del. Laws, c. 206, §  3;  35 Del. Laws, c. 193, §  3;  36 Del. Laws, c. 253;  Code 1935, §  6118;  41 Del. Laws, c. 243;  43 Del. Laws, c. 269, §  11;  19 Del. C. 1953, §  2306;  59 Del. Laws, c. 454, §  3;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 105, §  3;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter I. General Provisions › § 2307. Applicability — Domestic servants and farm laborers.

§ 2307. Applicability — Domestic servants and farm laborers.
(a) This chapter shall not apply to any person employed as a household worker in a private home or household who earns less than $750 in cash in any 3-month period from a single private home or household and any person employed as a casual worker in a private home or household who earns less than $750 in cash in any 3-month period from a single private home or household.
(b) This chapter shall not apply to farm laborers or to their respective employers unless such an employer carries insurance to insure the payment of compensation to such employees or their dependents.
Code 1915, §  3193vv;  29 Del. Laws, c. 233;  33 Del. Laws, c. 206, §  3;  35 Del. Laws, c. 193, §  3;  36 Del. Laws, c. 253;  Code 1935, §  6118;  19 Del. C. 1953, §  2307;  52 Del. Laws, c. 244, §  2;  59 Del. Laws, c. 454, §  9;  60 Del. Laws, c. 156, §  1;  71 Del. Laws, c. 84, §  6;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter I. General Provisions › § 2308. Applicability — Executive officers; sole proprietors and partners.

§ 2308. Applicability — Executive officers; sole proprietors and partners.
(a) Executive officers of covered employers are included within this chapter; provided, however, that as many as 8 officers who are stockholders of a corporation or as many as 8 individuals who are members of a limited liability company may be exempted from this chapter if the corporation and the exempted corporate officers or the limited liability company and the exempted members agree in writing to such an exemption. Anyone or all of the officers who are stockholders of a corporation or anyone or all members of the limited liability company who elect an exemption shall for the purposes of § 2306 of this title be considered employees.
(b) Sole proprietors and partners are not included within this chapter, but such sole proprietor or partner may elect coverage in accordance with § 2306 of this title.
(c) Members of the immediate family of a sole proprietor or partner are included within this chapter; provided, however, that any such person may be exempted from this chapter if that person agrees in writing to such an exemption.
Code 1915, §  3193qq;  29 Del. Laws, c. 233;  33 Del. Laws, c. 206, §  2;  35 Del. Laws, c. 193, §  2;  Code 1935, §  6113;  46 Del. Laws, c. 50, §  1;  19 Del. C. 1953, §  2308;  50 Del. Laws, c. 339, §  4;  64 Del. Laws, c. 92, §  1;  64 Del. Laws, c. 157, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 184, §  1;  72 Del. Laws, c. 185, §  2;  73 Del. Laws, c. 58, §§  1, 2;  76 Del. Laws, c. 33, §  1;  84 Del. Laws, c. 80, § 1;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter I. General Provisions › § 2309. Applicability — State, counties and political subdivisions.

§ 2309. Applicability — State, counties and political subdivisions.
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.
Code 1915, §  3193vv;  29 Del. Laws, c. 233;  33 Del. Laws, c. 206, §  3;  35 Del. Laws, c. 193, §  3;  36 Del. Laws, c. 118, §  2;  36 Del. Laws, c. 252;  36 Del. Laws, c. 253;  37 Del. Laws, c. 100, §  2;  37 Del. Laws, c. 240, §§  1, 2;  38 Del. Laws, c. 166, §§  1, 2;  38 Del. Laws, c. 167, §§  1, 2;  Code 1935, §§  6118, 6120;  43 Del. Laws, c. 269, §  11;  43 Del. Laws, c. 271, §§  1, 2;  43 Del. Laws, c. 272, §  2;  43 Del. Laws, c. 273, §§  1, 2;  48 Del. Laws, c. 165, §  2;  19 Del. C. 1953, §  2309;  59 Del. Laws, c. 454, §  4;  60 Del. Laws, c. 156, §  2;