reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 19 - Labor › Chapter 2. STATE APPRENTICES › § 201. Declaration of policy.

§ 201. Declaration of policy.
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. 1953, §  201;  54 Del. Laws, c. 10.;
2023 Delaware Code › Title 19 - Labor › Chapter 2. STATE APPRENTICES › § 203. Limitations.

§ 203. Limitations.
This chapter shall apply only to persons, copartnerships, associations, corporations, political subdivisions, employer associations and organizations or associations of employees as voluntarily elect to conform with its provisions.
19 Del. C. 1953, §  207;  54 Del. Laws, c. 10.;
2023 Delaware Code › Title 19 - Labor › Chapter 2. STATE APPRENTICES › § 205. Apprenticeship and Training Fund.

§ 205. Apprenticeship and Training Fund.
(a) A special fund known as the Apprenticeship and Training Fund (“Fund”) is established and the State Treasurer shall invest the Fund consistent with the investment policies established by the Cash Management Policy Board. The State Treasurer shall credit interest to the Fund on a monthly basis consistent with the rate established by the Cash Management Policy Board.
(b) The following moneys must be deposited in the Fund:
(1) All payments made under § 6960A of Title 29.
(2) Any other money appropriated or transferred to the Fund by the General Assembly.
(c) The Department of Labor must allocate the money in the Fund at least annually, as follows:
(1) Twenty percent, after administrative costs, to the Apprenticeship and Training Section of the Department of Labor to do any of the following:
a. To promote and increase education and public awareness about registered apprenticeship and other occupational training.
b. To support pre-apprenticeship programs.
(2) Eighty percent, after administrative costs, to the Department of Education to support the related technical instruction of registered apprenticeship programs, including new areas of technical instruction for crafts that are in-demand by employers in this State, and to support pre-apprenticeship programs. The Department of Education shall disperse money from this Fund for the same purposes as other appropriations for adult trade extension and apprenticeship programs.
(3) No more than 15% of the money annually deposited into the Fund may be used for administering this Fund.
(d) Money in the Fund may not be used to supplant existing state funding.
(e) Notwithstanding paragraph (c)(3) of this section, money appropriated by the General Assembly to implement this section may be reimbursed from money received under this section.
83 Del. Laws, c. 129, § 2;
2023 Delaware Code › Title 19 - Labor › Chapter 4. Union Security Agreements. › § 401. Statement of policy.

§ 401. Statement of policy.
It is the declared policy of the State and the purpose of this chapter to encourage a harmonious and cooperative relationship between employers and their employees by allowing private sector labor organizations and employers to enter into union security agreements to the full extent allowed under the National Labor Relations Act, 29 U.S.C. § 164(b).
81 Del. Laws, c. 286, § 1;
2023 Delaware Code › Title 19 - Labor › Chapter 4. Union Security Agreements. › § 402. Definitions.

§ 402. Definitions.
For the purposes of this chapter:
(1) “Employer” means any person employing employees within the State, but does not include the United States or the State or any political subdivision of the State.
(2) “Labor organization” means as defined in § 710 of this title.
81 Del. Laws, c. 286, § 1;
2023 Delaware Code › Title 19 - Labor › Chapter 4. Union Security Agreements. › § 403. Requirement of membership in labor organization as condition of employment.

§ 403. Requirement of membership in labor organization as condition of employment.
An employer or labor organization may execute and apply an agreement requiring membership in a labor organization as a condition of employment, to the full extent allowed by federal law.
81 Del. Laws, c. 286, § 1;
2023 Delaware Code › Title 19 - Labor › Chapter 5. CHILD LABOR › § 501. Applicability of chapter.

§ 501. Applicability of chapter.
This chapter shall apply to any place, establishment or occupation within this State where work is done for compensation of any kind, to whomever payable, except as otherwise specified in this chapter.
Nothing in this chapter shall prevent children of any age from receiving industrial education furnished by the United States, the State or any city or town in the State, which is duly approved by a school board or committee or other duly constituted public authority.
Nothing in this chapter shall prevent children of any age from performing nonhazardous work as ordered by the Family Court as a condition of probation.
27 Del. Laws, c. 176, §§  1-4, 37;  Code 1915, §§  3144, 3170, 3171;  29 Del. Laws, c. 232;  37 Del. Laws, c. 238;  Code 1935, §§  3601, 3628, 3629;  19 Del. C. 1953, §  501;  57 Del. Laws, c. 669, §  6A;  63 Del. Laws, c. 198, §  1;  68 Del. Laws, c. 173, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 5. CHILD LABOR › § 502. Definitions.

§ 502. Definitions.
As used in this chapter, the following words have the meanings indicated:
(1) “Department” or “Department of Labor” means the Department of Labor of the State.
(2) “Employ,” “employed,” or “employment” means to suffer or permit to work, but does not include:
a. Farm work performed on a farm in a nonhazardous occupation;
b. Domestic work performed in or about a private home;
c. Work performed in a business owned by a parent or one legally standing in the place of a parent in a nonhazardous occupation;
d. Work performed by nonpaid volunteers in a charitable or non-profit organization with the written consent of a parent or one legally standing in the place of a parent;
e. Work performed for operations primarily devoted to equine activities with the written consent of a parent or one legally standing in the place of a parent;
f. Caddying on a golf course;
g. Delivery of newspapers to the consumer;
h. Employment of a graduate of an accredited school who is employed in a hazardous occupation in which a course of study has been completed but only to the extent that said hazardous occupation would otherwise be prohibited;
i. Hazardous work performed by nonpaid volunteers of a volunteer fire department or company or volunteer rescue squad who have completed or are taking a course of study relating to firefighting or rescue and who are 14 years of age or older; or
j. Any child over the age of 14 years who may be employed, permitted or suffered to work in any nonhazardous occupation in any facility used for the purpose of canning or preserving, or preparation for canning or preserving, perishable fruits and vegetables.
With respect to paragraphs (2) i. and j. of this section, the burden of proving a child's age to be 14 years or over shall be on the employer, who shall be required by the Department of Labor to present documentary proof of the child's age;
(3) “Hazardous occupation” means an occupation declared to be dangerous by this chapter, by the Secretary of Labor of the State or by the Secretary of Labor of the United States pursuant to the provisions of the Fair Labor Standards Act [29 U.S.C. § 201 et seq.]; and
(4) “Minor” means a person under the age of 18 years;
(5) “Secretary” means the Secretary of Labor for the State or the Secretary's authorized representative.
68 Del. Laws, c. 173, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 249, § 1;
2023 Delaware Code › Title 19 - Labor › Chapter 5. CHILD LABOR › § 503. Powers and duties of Secretary.

§ 503. Powers and duties of Secretary.
(a) The Secretary or the Secretary's authorized representative shall enforce the provisions of this chapter.
(b) The Secretary or the Secretary's authorized representative may enter and inspect, during reasonable business hours, any place of employment and may examine the employment records of any employee and question any employee for the purpose of enforcing the provisions of this chapter.
(c) The Secretary or the Secretary's designee may hold public hearings to determine if additional occupations exist in which employment of minors should be prohibited.
(d) In the event of an emergency or major disaster, the Secretary is authorized, with the consent of the Governor, to suspend temporarily the enforcement of any or all of the provisions of this chapter for the duration of the emergency or major disaster.
27 Del. Laws, c. 176, §  38;  Code 1915, §  3168;  29 Del. Laws, c. 232;  Code 1935, §  3626;  19 Del. C. 1953, §  531;  57 Del. Laws, c. 669, §  6B;  66 Del. Laws, c. 117, §§  1, 2;  68 Del. Laws, c. 173, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 5. CHILD LABOR › § 504. Employment certificates.

§ 504. Employment certificates.
(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.
27 Del. Laws, c. 176, §  7;  Code 1915, §  3146;  29 Del. Laws, c. 232;  Code 1935, §  3603;  48 Del. Laws, c. 166, §  1;  19 Del. C. 1953, §  541;  51 Del. Laws, c. 39;  57 Del. Laws, c. 669, §§  6A, 6B;  68 Del. Laws, c. 173, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 5. CHILD LABOR › § 506. Minors under 16 years of age.

§ 506. Minors under 16 years of age.
(a) A minor under 16 years of age shall not be employed or permitted to work in, about or in connection with:
(1) Any employment during the prescribed school day;
(2) Any occupation prohibited by the United States Secretary of Labor pursuant to the provisions of the Fair Labor Standards Act [29 U.S.C. § 201 et seq.];
(3) The operation, cleaning or adjusting of any power-driven machinery, appliances or tools, other than office machinery and food or beverage dispensing machines where the moving parts are not exposed to the operator;
(4) Meat slicers;
(5) Deep fat fryers;
(6) Steamers and pressure cookers used in the preparation of food;
(7) Boilers;
(8) Stripping and sorting tobacco;
(9) Construction or demolition projects;
(10) Tunnels or excavations;
(11) Mines, quarries or borrow pits;
(12) Coal breakers or coke ovens; or
(13) Any other occupation which, following a public hearing by the Department of Labor, the Secretary deems to be injurious to the health, safety, welfare or morals of the minor.
(b) Paragraph (a)(1) of this section shall not apply to a minor who has been excused from public school attendance by the public school authorities.
(c) Subsection (a) of this section shall not apply to a minor:
(1) Who is enrolled in a work-study, student-learner or similar program where the employment is an integral part of the course of study, and the employment is procured and supervised by the school district; or
(2) Engaged in the practice of farm labor with adult supervision.
(d) A minor under 16 years of age shall not be employed or permitted to work more than:
(1) Four hours on any day when school is in session;
(2) Eight hours on any day when school is not in session;
(3) Eighteen hours in any week when school is in session for 5 days;
(4) Forty hours in any week when school is not in session; and
(5) Six days in any week.
(e) A minor under 16 years of age shall not be employed or permitted to work before 7:
00 a.m. or after 7:
00 p.m.; except that a minor under 16 years of age may be employed or permitted to work until 9:
00 p.m. during the period each year from June 1 through Labor Day.
(f) The hours worked by a minor enrolled in a bona fide work-study or student-learner program when school is normally in session shall not be counted towards the permissible hours of work prescribed in subsection (d) of this section.
68 Del. Laws, c. 173, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 5. CHILD LABOR › § 507. Minors under 18 years of age.

§ 507. Minors under 18 years of age.
(a) A minor under 18 years of age shall not be employed or permitted to work in, about or in connection with:
(1) Any occupation prohibited by the United States Secretary of Labor pursuant to the provisions of the Fair Labor Standards Act [29 U.S.C. § 201 et seq.];
(2) Blast furnaces;
(3) Docks or wharves, other than marinas where pleasure boats are sold or serviced;
(4) Railroads;
(5) The erection and/or repair of electrical wires;
(6) Distilleries where alcoholic beverages are manufactured, bottled, labelled, wrapped or packaged;
(7) The manufacturing of dangerous or toxic chemicals or compounds;
(8) Any other occupation which the Secretary deems injurious to the health, safety, welfare or morals of the minor;
(9) Any occupation as a pilot, firefighter or engineer on any vessel or boat engaged in commerce; or
(10) Any occupation as a messenger for a telegraph, telephone or messenger company in the distribution, delivery, collection or transmission of goods or messages before 6:
00 a.m. or after 10:
00 p.m. of any day in any town or city having a population of over 20,000 persons.
(b) Subsection (a) of this section shall not apply to a minor under 18 years of age who is enrolled in a work-study, student-learner, apprenticeship or similar program where the employment is an integral part of the course of study, and the employment is procured and supervised by the school system or by a federal or state monitored apprenticeship program.
(c) A minor under 18 years of age shall not spend more than 12 hours in a combination of school hours and work hours per day.
(d) A minor under 18 years of age shall have at least 8 consecutive hours of nonwork, nonschool time each 24-hour day.
(e) A minor under 18 years of age shall not be employed or permitted to work more than 5 hours continuously without a nonworking period of at least one half hour.
27 Del. Laws, c. 176, §§  2-5, 8;  Code 1915, §§  3145, 3148;  29 Del. Laws, c. 232;  33 Del. Laws, c. 202;  Code 1935, §§  3602, 3605;  19 Del. C. 1953, §  512;  57 Del. Laws, c. 669, §  6A;  68 Del. Laws, c. 173, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 5. CHILD LABOR › § 508. Special permit for model, performer or entertainer.

§ 508. Special permit for model, performer or entertainer.
(a) Except as provided in subsection (b) of this section, no child under 16 years of age shall be employed, permitted or suffered to work for compensation of any kind as a model, performer or entertainer upon the stage of any theater or concert hall or in connection with any theatrical performance or other exhibition or show.
(b) The Department of Labor may issue a permit allowing a child under the age of 16 years to be employed as a model, performer or entertainer for a limited period, when, in its opinion, such permit is justified by the evidence presented to it.
27 Del. Laws, c. 176, §  5;  Code 1915, §  3147;  29 Del. Laws, c. 232;  Code 1935, §  3604;  19 Del. C. 1953, §  514;  57 Del. Laws, c. 669, §  6B;  68 Del. Laws, c. 173, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 5. CHILD LABOR › § 509. Interference with Department of Labor; employment of minor in violation of this chapter.

§ 509. Interference with Department of Labor; employment of minor in violation of this chapter.
(a) It is unlawful to interfere with or hinder the Department of Labor in the performance of its duties under this chapter, or knowingly to give false information to the Department of Labor. Any person who is found to have violated the provisions of this subsection 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 employs or permits a minor to work in violation of any provision of this chapter shall be subject to a civil penalty of up to $10,000 for each such violation.
(c) Any employer who discharges or in any manner discriminates against an employee because the employee:
(1) Has made a complaint or has given information to the Department pursuant to this chapter; or
(2) Has caused to be instituted, or is about to cause to be instituted, any proceeding pursuant to this chapter; or
(3) Has testified, has promised to testify or is about to testify in any proceeding pursuant to this chapter shall be assessed a civil penalty of not less than $1,000 nor more than $5,000 for each violation.
(d) A civil penalty claim may be filed in any court of competent jurisdiction. The Department shall not be required to pay the filing fee or other costs of the action or fees of any nature to file bond or other security of any nature in connection with such action or with proceedings supplementary thereto or as a condition precedent to the availability to the Department of any process in aid of such action or proceedings. The Department shall have the power to join various claimants in 1 preferred claim or lien and, in case of suit, to join them in 1 cause of action.
27 Del. Laws, c. 176, §  38;  Code 1915, §  3168;  29 Del. Laws, c. 232;  Code 1935, §  3626;  19 Del. C. 1953, §  531;  57 Del. Laws, c. 669, §  6B;  66 Del. Laws, c. 117, §§  1, 2;  68 Del. Laws, c. 173, §  1;  69 Del. Laws, c. 294, §  3;  70 Del. Laws, c. 100, §§  1, 2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 394, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter I. General Provisions › § 701. Order on employer to pay employee's loan carrying excessive interest rate; penalty for payment.

§ 701. Order on employer to pay employee's loan carrying excessive interest rate; penalty for payment.
(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.
25 Del. Laws, c. 233, §§  1-3;  Code 1915, §  4129;  Code 1935, §  4617;  19 Del. C. 1953, §  702;  57 Del. Laws, c. 137;  67 Del. Laws, c. 260, §  1;  69 Del. Laws, c. 294, §  4;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter I. General Provisions › § 702. Payment of wages for railroad employees every 2 weeks.

§ 702. Payment of wages for railroad employees every 2 weeks.
(a) Every corporation or joint stock association operating a steam, electric or diesel surface railroad or engaged in the sleeping car business and every person carrying on such a business, by lease or otherwise, shall pay to each employee every 2 weeks the wages earned to a day not more than 14 days prior to the date of such payment. This section shall not apply to any person employed in a bona fide executive, administrative or professional capacity.
(b) Every corporation or joint stock association or person carrying on such a business by lease or otherwise who knowingly does not pay the wages of all its or that person's employees in accordance with this section, and the officers of such corporation or joint stock association who knowingly permit a corporation or joint stock association to violate this section by failing to pay the wages of any of its employees, 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. 1953, §  703;  52 Del. Laws, c. 107;  67 Del. Laws, c. 260, §  1;  69 Del. Laws, c. 294, §  5;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter I. General Provisions › § 703. Employment of strike breakers.

§ 703. Employment of strike breakers.
(a) It shall be unlawful for any person, firm or corporation, not directly involved in a labor strike or lockout, to recruit any person or persons for employment or to secure or offer to secure for any person or persons any employment, when the purpose of such recruiting, securing or offering to secure employment is to have such persons take the place in employment of employees in an industry where a labor strike or a lockout involving a recognized labor organization exists; provided, that this section shall not apply to the Delaware State Employment Service or the United States Employment Service or to any person, firm or corporation engaged in the production, handling or the processing of agricultural commodities.
(b) Whoever violates 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.
(c) No person, firm or corporation recruiting persons for employment shall be subject to the penalties imposed by this section, unless the labor organization involved in said labor strike or lockout gives actual notice to said person, firm or corporation of the existence of said labor strike or lockout.
19 Del. C. 1953, §  704;  53 Del. Laws, c. 78;  67 Del. Laws, c. 260, §  1;  69 Del. Laws, c. 294, §  6;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter I. General Provisions › § 704. Polygraph, lie detector or similar test or examination prohibited as condition of employment or continuation of employment; definitions; jurisdiction; penalty; exclusion.

§ 704. Polygraph, lie detector or similar test or examination prohibited as condition of employment or continuation of employment; definitions; jurisdiction; penalty; exclusion.
(a) As used in this section, “person” includes any individual, corporation, partnership, firm, association and the State or any agency or political subdivision thereof, except as noted in subsection (d) of this section.
(b) No person, nor any agent or representative of a person, shall require, request or suggest that any employee or prospective employee take or shall cause, directly or indirectly, any employee or prospective employee to take a polygraph, lie detector or similar test or examination as a condition of employment or continuation of employment.
(c) Whoever violates 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.
(d) This section shall not apply to any polygraph, lie detector or similar test or examination administered by any law-enforcement agency in the performance of official duties which shall include police officer applicant background investigations.
(e) As used in this section, the term “lie detector” shall include, but shall not be limited to, any electromechanical device which records or analyzes vocally produced sound frequency variations associated with stress for the purpose of determining the truth of any oral statement.
(f) 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 section, or because the employee has caused to be instituted or is about to cause to be instituted any proceedings under this section, or has testified or is about to testify in any such proceedings, 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 each violation.
19 Del. C. 1953, §  705;  55 Del. Laws, c. 357;  62 Del. Laws, c. 95, §  1;  66 Del. Laws, c. 107, §§  1, 2;  67 Del. Laws, c. 260, §  1;  69 Del. Laws, c. 294, §  7;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 460, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter I. General Provisions › § 705. Notice of monitoring of telephone transmissions, electronic mail and Internet usage.

§ 705. Notice of monitoring of telephone transmissions, electronic mail and Internet usage.
(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.
73 Del. Laws, c. 148, §  1;  73 Del. Laws, c. 403, §§  1, 2;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter I. General Provisions › § 706. Continuation of labor contracts despite merger or other business combination.

§ 706. Continuation of labor contracts despite merger or other business combination.
(a) Notwithstanding any other provisions of this Code, no merger, consolidation, sale of assets or business combination shall result in the termination or impairment of the provisions of any labor contract covering persons engaged in employment in this State and negotiated by a labor organization or by a collective bargaining agent or other representative. Notwithstanding such merger, consolidation, sale of assets or business combination, such labor contract shall continue in effect until its termination date or until otherwise agreed by the parties to such contract or their legal successors.
(b) For purposes of this section:
(1) “Business combination” includes any merger, consolidation, joint venture, lease, sale, dividend exchange, mortgage, pledge, transfer or other disposition (in 1 transaction or a series of transactions) whether with a subsidiary or otherwise; and
(2) “Employment” shall have the meaning set forth in § 3302(10)(H) and (I) of this title.
(c) In the event that any such employee is denied or fails to receive wages, benefits or wage supplements as a result of a violation of this section, and in addition to injunctive or other relief provided by law, the provisions of Chapter 11 of this title shall be applicable to secure recovery against the merged or consolidated corporation or the resulting corporation, notwithstanding anything contained therein or elsewhere to the contrary. The remedies provided for herein shall be available against any of the parties to such merger, consolidation, sale of assets or business combination.
66 Del. Laws, c. 220, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter I. General Provisions › § 707. Meal breaks.

§ 707. Meal breaks.
(a) An employer must allow an employee an unpaid meal break of at least 30 consecutive minutes, if the employee works 71/2 or more consecutive hours. The meal break must be given some time after the first 2 hours of work and before the last 2 hours. However, this rule does not apply to any professional employee certified by the State Board of Education and employed by a local school board to work directly with children. Also, it does not apply where there is a collective bargaining agreement or other written employer-employee agreement providing otherwise. Further, the Secretary of Labor shall issue rules for granting exemptions in cases where:
(1) Compliance would adversely affect public safety;
(2) Only 1 employee may perform the duties of a position;
(3) An employer has fewer than 5 employees on a shift at a single place of business (in which case the exemption applies only to that shift); or
(4) The continuous nature of an employer's operations, such as chemical production or research experiments, requires employees to respond to urgent or unusual conditions at all times and the employees are compensated for their meal break periods.
(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 of Labor pursuant to a violation of this section, or because the employee caused to be instituted or is about to cause to be instituted any proceedings under this section, or has testified or is about to testify in any such proceedings shall be deemed in violation of this section.
(c) Whoever violates this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. Jurisdiction of violations of this subchapter shall be in any court of competent jurisdiction.
68 Del. Laws, c. 357, §  1;  69 Del. Laws, c. 294, §§  8, 9;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter I. General Provisions › § 709. Employment information.

§ 709. Employment information.
(a) An employer or any person employed by the employer who discloses information about a current or former employee's job performance to a prospective employer is presumed to be acting in good faith; and unless lack of good faith is shown, is immune from civil liability for such disclosure or its consequences. For purposes of this section, the presumption of good faith may be rebutted upon a showing that the information disclosed by such employer was knowingly false, was deliberately misleading or was rendered with malicious purpose; or that the information was disclosed in violation of a nondisclosure agreement, or was otherwise confidential according to applicable federal, state or local statute, rule or regulation.
(b) For purposes of this section, the word “information” includes:
(1) Information about an employee's or former employee's job performance or work-related characteristics;
(2) Any act committed by such employee which would constitute a violation of federal, state or local law; or
(3) An evaluation of the ability or lack of ability of such employee or former employee to accomplish or comply with the duties or standards of the position held by such employee or former employee.
70 Del. Laws, c. 367, §  1;  71 Del. Laws, c. 200, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter I. General Provisions › § 709B. Unlawful employment practices; compensation history

§ 709B. Unlawful employment practices; compensation history
(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.
81 Del. Laws, c. 41, § 1;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter II. Discrimination in Employment › § 713. Civil action by the Attorney General; complaint.

§ 713. Civil action by the Attorney General; complaint.
(a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this subchapter or subchapter III of this chapter and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the Court of Chancery by filing with it a complaint:
(1) Signed by the Attorney General (or in the Attorney General's absence the Chief Deputy Attorney General);
(2) Setting forth facts pertaining to such pattern or practice; and
(3) Requesting such relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as the Attorney General deems necessary to insure the full enjoyment of the rights herein described.
(b) The Court of Chancery shall have jurisdiction over proceedings brought pursuant to this section.
19 Del. C. 1953, §  713;  58 Del. Laws, c. 285;  66 Del. Laws, c. 337, §  5;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 356.;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter II. Discrimination in Employment › § 714. Civil action by the charging party; Delaware Right to Sue Notice; election of remedies.

§ 714. Civil action by the charging party; Delaware Right to Sue Notice; election of remedies.
(a) A charging party may file a civil action in Superior Court, after exhausting the administrative remedies provided herein and receipt of a Delaware Right to Sue Notice acknowledging same.
(b) The Delaware Right to Sue Notice shall include authorization for the charging party to bring a civil action under this chapter in Superior Court by instituting suit within 90 days of its receipt or within 90 days of receipt of a federal Right to Sue Notice, whichever is later.
(c) The charging party shall elect a Delaware or federal forum to prosecute the employment discrimination cause of action so as to avoid unnecessary costs, delays and duplicative litigation. A charging party is barred by this election of remedies from filing cases in both Superior Court and the federal forum. If the charging party files in Superior Court and in a federal forum, the respondent may file an application to dismiss the Superior Court action under this election of remedies provision.
74 Del. Laws, c. 356.;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter II. Discrimination in Employment › § 715. Judicial remedies; civil penalties.

§ 715. Judicial remedies; civil penalties.
(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.
74 Del. Laws, c. 356;  83 Del. Laws, c. 421, § 1;  84 Del. Laws, c. 203, § 1;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter II. Discrimination in Employment › § 716. Posting of notices; penalties.

§ 716. Posting of notices; penalties.
(a) Every employer, employment agency and labor organization, as the case may be, shall post and keep posted in conspicuous places upon its premises where notices to employees, and applicants for employment are customarily posted, a notice to be prepared or approved by the Department setting forth excerpts from or summaries of the pertinent provisions of this subchapter and subchapter III of this chapter and information pertinent to the filing of a complaint.
(b) (1) An employer shall provide notice of the right to be free from discrimination in relation to pregnancy, childbirth, and related conditions, including the right to reasonable accommodation to known limitations related to pregnancy, childbirth, and related conditions, pursuant to § 711(b)(3) of this title as follows:
a. In writing to new employees at the commencement of employment;
b. Orally or in writing to existing employees by January 7, 2015; and
c. Orally or in writing to any employee who notifies the employer of her pregnancy within 10 days of such notification.
(2) The notice required by paragraph (b)(1) of this section shall also be conspicuously posted at an employer's place of business in an area accessible to employees.
(c) A wilful violation of this section shall be punishable by a fine of not more than $100 for each separate offense.
19 Del. C. 1953, §  716;  58 Del. Laws, c. 285;  66 Del. Laws, c. 337, §  8;  74 Del. Laws, c. 356;  79 Del. Laws, c. 429, §  1;  83 Del. Laws, c. 421, § 1;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter II. Discrimination in Employment › § 717. Veterans' special rights or preference.

§ 717. Veterans' special rights or preference.
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. 1953, §  717;  58 Del. Laws, c. 285;  66 Del. Laws, c. 337, §  9;  74 Del. Laws, c. 356.;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter II. Discrimination in Employment › § 718. Short title, effective date, savings clause.

§ 718. Short title, effective date, savings clause.
(a) This subchapter may be cited as the “Discrimination in Employment Act.”
(b) This subchapter shall become effective September 10, 2004.
(c) This subchapter does not affect any cause of action or the remedy provided therefor if such cause of action accrued and suit was instituted thereon prior to September 10, 2004.
74 Del. Laws, c. 356.;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter II. Discrimination in Employment › § 719A. Volunteer firefighters, ambulance personnel and ladies auxiliary.

§ 719A. Volunteer firefighters, ambulance personnel and ladies auxiliary.
It shall be an unlawful employment practice for an employer to discriminate in the hiring or discharging of an individual because of such individual's membership in a volunteer emergency responder organizer. This section shall not prevent an employer from taking otherwise lawful actions regarding hiring, discharging or requiring attendance of such individual. For purposes of this section “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. 181, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter III. Persons With Disabilities Employment Protections › § 720. Short title.

§ 720. Short title.
This subchapter may be cited as the “Persons With Disabilities Employment Protections Act.”
66 Del. Laws, c. 337, §  2;  78 Del. Laws, c. 179, §  250;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter III. Persons With Disabilities Employment Protections › § 721. Statement of purpose and interpretation.

§ 721. Statement of purpose and interpretation.
(a) This subchapter is intended to encourage and enable qualified persons with disabilities to engage in remunerative employment which is sought by them in good faith. The General Assembly finds that the practice of employment discrimination based on disability is contrary to the public interest and the principles of freedom and equality of opportunity. Such discrimination also deprives many persons with a disabilities of earnings necessary to maintain or contribute to a decent standard of living and necessitates their resort to public support.
(b) This subchapter shall be liberally construed to promote the full employment opportunity of qualified persons with a disabilities who seek such opportunity in good faith. Furthermore, in defining the scope or extent of any duty imposed by this subchapter, including the duty of reasonable accommodation, higher or more comprehensive obligations established by otherwise applicable federal, state or local enactments may be considered. Nothing in this subchapter, however, shall be construed to impose liability upon any employer for selecting, hiring or promoting in good faith an applicant without disability or employee who is better qualified than another applicant or employee who is a qualified person with a disability.
66 Del. Laws, c. 337, §  2;  78 Del. Laws, c. 179, §§  251-253;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter III. Persons With Disabilities Employment Protections › § 723. Reasonable accommodation duties.

§ 723. Reasonable accommodation duties.
(a) A qualified person with a disability requesting a reasonable accommodation in a good-faith effort to seek an employment opportunity must apprise the employer, employment agency or labor organization of the person's disability, submit any necessary medical documentation, make suggestions for such possible accommodations as are known to such person with a disability and cooperate in any ensuing discussion and evaluation aimed at determining possible or feasible accommodations.
(b) Once a qualified person with a disability has requested an accommodation, or if a potential accommodation is obvious in the circumstances, an employer, employment agency or labor organization shall investigate whether there are reasonable accommodations that can be made and make reasonable accommodations as defined in § 722(6) of this title. If affirmatively requested in writing by the employer, employment agency or labor organization, the person with a disability may be required to accept the employment opportunity in writing as a precondition to the initiation of such investigation.
66 Del. Laws, c. 337, §  2;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 179, §§  261, 262;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter III. Persons With Disabilities Employment Protections › § 725. Affirmative defenses.

§ 725. Affirmative defenses.
In defense of any action to enforce § 724 of this title a respondent may assert affirmative defenses, including, but not limited to, the following:
(1) Despite reasonable accommodation, a person with a disability cannot satisfactorily perform the essential functions of the job in question;
(2) Employment of a person with a disability creates an unreasonable and demonstrable risk to the safety or health of the person with a disability, other employees, the employer's customers or the public;
(3) Any of the enumerated exceptions to reasonable accommodation set forth in § 722(6) of this title, including undue hardship, are applicable.
66 Del. Laws, c. 337, §  2;  78 Del. Laws, c. 179, §  267;