reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter III. Persons With Disabilities Employment Protections › § 726. Retaliation prohibited.

§ 726. Retaliation prohibited.
It shall be an unlawful employment practice for any employer to discharge, refuse to hire or otherwise discriminate against any person or applicant for employment, or any employment agency to discriminate against any person or any labor organization to discriminate against any member or applicant for membership because such person has opposed any practice prohibited by this subchapter or because such person has testified, assisted or participated in any manner in proceedings to enforce the provisions of this subchapter.
66 Del. Laws, c. 337, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter III. Persons With Disabilities Employment Protections › § 727. Enforcement provisions and election remedies.

§ 727. Enforcement provisions and election remedies.
(a) Enforcement of this subchapter shall be in accordance with the procedures for enforcement of rights secured by subchapter II of this chapter.
(b) Enforcement of this subchapter as authorized by § 712 of this title shall be barred if the complainant has commenced federal judicial or administrative proceedings under § 503 or § 504 of the Rehabilitation Act of 1973 [29 U.S.C. § 793 or § 794], as amended, or regulations promulgated thereunder, based upon substantially common facts. If such federal proceedings are commenced subsequent to the filing of a charge pursuant to this subchapter, any administrative and judicial proceedings authorized by § 712 of this title shall be dismissed upon application of the respondent. Provided, however, that if complainant's federal action is dismissed on jurisdictional grounds, including the lack of federal contractor status or federal program funding, the Secretary is authorized to accept a charge under § 712 of this title and waive the limitations period of § 712(d) of this title upon a finding that the complainant commenced the complainant's federal action in good faith.
66 Del. Laws, c. 337, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter IV. Right to Inspect Personnel Files › § 730. Short title.

§ 730. Short title.
This subchapter may be cited as the “Right to Inspect Personnel Files Act.”
64 Del. Laws, c. 473, §  1;  66 Del. Laws, c. 337, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter IV. Right to Inspect Personnel Files › § 731. Definitions.

§ 731. Definitions.
As used in this subchapter:
(1) “Employee” means any person currently employed, laid off with reemployment rights or on leave of absence. The term “employee” shall not include applicants for employment or designated agents.
(2) “Employer” shall mean any individual, person, partnership, association, corporation, the State, any of its political subdivisions or any agency, authority, board or commission created by them.
(3) “Personnel file” means, if maintained by the employer, any application for employment, wage or salary information, notices of commendations, warning or discipline, authorization for a deduction or withholding of pay, fringe benefit information, leave records, employment history with the employer, including salary information, job title, dates of changes, retirement record, attendance records, performance evaluations and medical records. The term “personnel file” shall not include records of an employee relating to the investigation of a possible criminal offense, letters of reference, documents which are being developed or prepared for use in civil, criminal or grievance procedures or materials which are used by the employer to plan for future operations or information available to the employee under the Fair Credit Reporting Act [15 U.S.C. §§ 1681-1681t].
64 Del. Laws, c. 473, §  1;  66 Del. Laws, c. 337, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter IV. Right to Inspect Personnel Files › § 732. Inspection of personnel files.

§ 732. Inspection of personnel files.
An employer shall, at a reasonable time, upon request of an employee, permit that employee to inspect that employee's own personnel files used to determine that employee's own qualifications for employment, promotion, additional compensation, termination or disciplinary action. The employer shall make these records available during the regular business hours of the office where these records are usually and ordinarily maintained, when sufficient time is available during the course of a regular business day to inspect the personnel files in question. The employer may require the requesting employee to inspect such records on the free time of the employee. At the employer's discretion, the employee may be required to file a written form to request access to the personnel file. This form is solely for the purpose of identifying the requesting individual to avoid disclosure to ineligible individuals. To assist the employer in providing the correct records to meet the employee's need, the employee shall indicate in the written request either the purpose for which the inspection is requested or the particular parts of the employee's personnel record which the employee wishes to inspect.
64 Del. Laws, c. 473, §  1;  66 Del. Laws, c. 337, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter IV. Right to Inspect Personnel Files › § 733. Removal of file; note taking; protection of file; inspection time.

§ 733. Removal of file; note taking; protection of file; inspection time.
Nothing in this subchapter shall be construed as a requirement that an employee be permitted to remove the employee's own personnel file, any part thereof or a copy of the contents of such file from the place of the employer's premises where it is made available for inspection. The taking of notes by employees is permitted. The employer shall retain the right to protect the employer's files from loss, damage or alteration to insure the integrity of the files. The employer may require inspection of the personnel file in the presence of a designated official. The employer must allow sufficient inspection time, commensurate with the volume content of the file. Except for reasonable cause the employer may limit inspection to once every calendar year.
64 Del. Laws, c. 473, §  1;  66 Del. Laws, c. 337, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter IV. Right to Inspect Personnel Files › § 734. Removal or correction of information; employee's explanatory statement.

§ 734. Removal or correction of information; employee's explanatory statement.
If upon inspection of the employee's personnel file an employee disagrees with any of the information contained in such file or records, removal or correction of such information may be agreed upon by such employee and the employee's employer. If such employee and employer cannot agree upon such removal or correction then such employee may submit a written statement explaining the employee's position. Such statement shall be maintained as part of such employee's personnel file or medical records and shall accompany any transmittal or disclosure from such file or records made to a third party.
64 Del. Laws, c. 473, §  1;  66 Del. Laws, c. 337, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter IV. Right to Inspect Personnel Files › § 735. Refusing employee access; penalty; jurisdiction of violations.

§ 735. Refusing employee access; penalty; jurisdiction of violations.
(a) Any employer who refuses an employee access to personnel files as provided in this subchapter shall be deemed in violation of this subchapter and shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. A civil penalty claim may be filed in any court of competent jurisdiction.
(b) Any employer who discharges or in any manner discriminates against an employee because that employee has made a complaint or has given information to the department pursuant to this subchapter, or because the employee has caused to be instituted or is about to cause to be instituted any proceedings under this subchapter, or has testified or is about to testify in any such proceedings, shall be deemed in violation of this subchapter and shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.
64 Del. Laws, c. 473, §  1;  66 Del. Laws, c. 337, §  1;  69 Del. Laws, c. 294, §  11;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 460, §  3;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter IV. Right to Inspect Personnel Files › § 736. Safe destruction of records containing personal identifying information.

§ 736. Safe destruction of records containing personal identifying information.
(a) Definitions. — (1) “Personal identifying information” means an employee's first name or first initial and last name in combination with any 1 of the following data elements that relate to the employee, when either the name or the data elements are not encrypted:
Social Security number, passport number, driver's license or state identification card number, insurance policy number, financial services account number, bank account number, credit card number, debit card number, tax or payroll information or confidential health care information.
(2) “Record” means information that is inscribed on a tangible medium, or that is stored in an electronic or other medium and is retrievable in perceivable form on which personal identifying information is recorded or preserved. “Record” does not include publicly available directories or sources containing information an employee has voluntarily consented to have publicly disseminated or listed or which is disseminated as provided for by applicable law or regulation, such as name, address, or telephone number, or other directories or sources as are derived solely from such directories or sources.
(b) In the event that an employer seeks permanently to dispose of records containing employees' personal identifying information within its custody and control, such employer shall take all reasonable steps to destroy or arrange for the destruction of each such record by shredding, erasing, or otherwise destroying or modifying the personal identifying information in those records to make it unreadable or indecipherable.
(c) An employee who incurs actual damages due to a reckless or intentional violation of this section may bring a civil action against the employer.
79 Del. Laws, c. 423, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter V. Employment First Act › § 741. Statement of purpose.

§ 741. Statement of purpose.
The General Assembly finds that the benefits of meaningful work have significance and importance to all working-age individuals, including persons with disabilities, which shall include, but not be limited to, veterans with service-connected disabilities. All persons, including persons with disabilities, have a right to the opportunity for competitive employment. In order to achieve meaningful and competitive employment for persons with disabilities, employment opportunities in fully-integrated work settings shall be the first and priority option explored in the service planning for working-age persons with disabilities.
78 Del. Laws, c. 331, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter V. Employment First Act › § 742. Definitions.

§ 742. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1) “Competitive employment” means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which a person with a disability is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by persons without disabilities.
(2) “Disability” means, with respect to an individual:
a. A physical or mental impairment that substantially limits 1 or more major life activities of such individual;
b. A record of such an impairment; or
c. Being regarded as having such an impairment,
as defined in the Americans with Disabilities Act of 1990, as amended [42 U.S.C. § 12101 et seq.].
(3) “Integrated setting” means with respect to an employment outcome, a setting typically found in the community in which persons with disabilities interact with persons without disabilities, other than persons without disabilities who are providing services to those persons with disabilities, to the same extent that persons without disabilities in comparable positions interact with other persons.
(4) “Working age” means 14 years of age or older in accordance with § 505 of this title.
78 Del. Laws, c. 331, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter V. Employment First Act › § 743. Employment first policy.

§ 743. Employment first policy.
It is hereby declared to be the policy of this State that competitive employment in an integrated setting shall be considered its first and priority option when offering or providing services to persons with disabilities who are of working age. All state agencies that provide services and support to persons with disabilities shall follow this policy and ensure that it is effectively implemented in their programs and services. Nothing in this subchapter shall be construed to limit or disallow any disability benefits to which a person with a disability who is unable to be employed as contemplated by this subchapter would otherwise be entitled. Nothing in this subchapter shall be construed to require any employer to give preference to hiring persons with disabilities.
78 Del. Laws, c. 331, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter V. Employment First Act › § 744. Implementation of policy by state agencies.

§ 744. Implementation of policy by state agencies.
(a) All state agencies shall coordinate efforts and shall collaborate within and among such agencies to ensure that state programs, policies, procedures and funding support competitive employment in integrated settings for persons with disabilities who are of working age. All state agencies shall, whenever feasible, share data and information across systems in order to track progress toward full implementation of this subchapter. All state agencies are encouraged to adopt measurable goals and objectives to promote assessment of progress in implementing this subchapter.
(b) State agencies are authorized to adopt rules and regulations to implement this subchapter.
78 Del. Laws, c. 331, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter V. Employment First Act › § 745. Establishment of Employment First Oversight Commission.

§ 745. Establishment of Employment First Oversight Commission.
(a) There is hereby established an Employment First Oversight Commission under the purview of the State Council for Persons with Disabilities, which shall facilitate the full, effective and timely implementation of this subchapter.
(b) The Commission shall consist of members, who are residents of this State, or work in the State and whose employment agency shall either represent or advocate for the employment of persons with disabilities.
(1) Four members who are persons with a disability and who are knowledgeable of disability issues whom shall be recommended by the Commission, 1 of whom shall be a veteran and 1 of whom shall be a member of the State Council for Persons with Disabilities, and including all of the following:
a. One shall be appointed by the Speaker of the House of Representatives.
b. One shall be appointed by the Minority Leader of the House of Representatives.
c. One shall be appointed by the President Pro Tempore of the Senate.
d. One shall be appointed by the Minority Leader of the Senate.
(2) One member who is experienced with employment service programs and who is not a state employee and who shall be appointed by the chair of the State Council for Persons with Disabilities.
(3) A representative of the Division of Industrial Affairs, appointed by the Secretary of Labor.
(4) A representative of the Division of Vocational Rehabilitation, appointed by the Secretary of Labor.
(5) The Secretary of Education or a designee appointed by the Secretary.
(6) The Secretary of Health and Social Services or a designee appointed by the Secretary.
(7) The Director of the Division of Developmental Disabilities Services or a designee appointed by the Director.
(8) The Chair of the Developmental Disabilities Council or a designee appointed by the Chair.
(9) The Secretary of the Department of Human Resources or a designee appointed by the Secretary.
(10) The Executive Director of the Delaware Community Legal Aid Society Inc. or a designee appointed by the Executive Director.
(11) The Director of the Division for the Visually Impaired or a designee appointed by the Director.
(12) The Director of the Division of Substance Abuse and Mental Health or a designee appointed by the Director.
(13) Other councils, committees, agencies, organizations and individuals as approved by both the Employment First Oversight Commission and the affected council, committee, agency, organization or individual.
(c)-(e) [Repealed.]
(f) Members of the Commission shall serve without compensation.
(g) Any member, who is absent without adequate reason for 3 consecutive meetings, or who fails to attend at least half of all regular business meetings during any calendar year, shall be subject to suspension or removal from the Commission.
78 Del. Laws, c. 331, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 408, § 1;  82 Del. Laws, c. 218, § 1;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter V. Employment First Act › § 746. Commission organization; meetings; officers; quorum.

§ 746. Commission organization; meetings; officers; quorum.
(a) The Commission shall hold regularly scheduled business meetings at least once in each quarter, and at such times as the chairperson deems necessary, or at the request of a majority of the members of the Commission.
(b) The Commission shall elect a chairperson and vice-chairperson. Each officer shall serve for a 2–year term. Each officer may be reelected for an additional consecutive term.
(c) A majority of the members shall constitute a quorum for the purpose of transacting business.
78 Del. Laws, c. 331, §  1;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 218, § 1;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter V. Employment First Act › § 747. Powers and duties of Commission.

§ 747. Powers and duties of Commission.
(a) The Commission shall review measurable goals and objectives as submitted to it by each relevant state agency to ensure implementation of this subchapter. The Commission shall track the measurable progress of state agencies in implementing this subchapter. All state agencies shall fully cooperate with and provide data and information to assist the Commission in carrying out its duties.
(b) The Commission shall prepare an annual report as part of, and included in, the annual report submitted by the State Council for Persons with Disabilities to the Governor and members of the General Assembly. The report shall detail progress toward the goals and objectives and full implementation of this subchapter. All state agencies shall cooperate with the Commission on the creation and dissemination of the report. The report also shall identify barriers to achieving the outcomes along with the effective strategies and policies that can help realize the employment first initiative.
78 Del. Laws, c. 331, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter VI. Jamie Wolfe Employment Act › § 751. Statement of purpose.

§ 751. Statement of purpose.
The General Assembly finds as follows:
In 1938, § 14(c) of the federal Fair Labor Standards Act (29 U.S.C. § 214(c)) authorized the United States Secretary of Labor to grant special wage certificates to certain entities, allowing those entities to pay individuals with disabilities subminimum wages. § 905 of this title authorizes the Department of Labor to promulgate regulations permitting the employment of persons with disabilities at wages lower than the minimum wage. While the special wage certificate program was considered progressive when initiated, advances in vocational rehabilitation, technology, and training as well as changes in attitudes and laws regarding the ability of, and opportunities for, both students and adults with disabilities to work and live in the community now provide persons with disabilities greater employment opportunities. Persons with disabilities, regardless of their work environment, should be compensated like their peers without disabilities. Competitive employment opportunities as well as meaningful alternatives should be offered to individuals who are currently participating in programs that pay less than the minimum wage. In order to effectuate the purpose of the Employment First Act contained in this chapter, authorization to pay subminimum wages will be phased out and ultimately eliminated.
83 Del. Laws, c. 254, § 1;
2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter VI. Jamie Wolfe Employment Act › § 752. Minimum wage for individuals with a disability.

§ 752. Minimum wage for individuals with a disability.
Commencing January 31, 2024, an employer who is authorized to employ an individual with a disability at a subminimum wage pursuant to a special certificate issued under 29 U.S.C. § 214(c) or under regulations promulgated under § 905 of this title may not employ or agree to employ or otherwise remunerate or compensate an individual with a disability at an hourly rate lower than the effective rate payable under § 902 of this title.
83 Del. Laws, c. 254, § 1;
2023 Delaware Code › Title 19 - Labor › Chapter 8. Protection of Employees’ Rights › § 801. Definitions.

§ 801. Definitions.
As used in this chapter:
(1) “Authority” means the State, any political subdivision thereof, or any board, commission, public agency or instrumentality thereof, which operates or takes over the operation of any mass transportation system within this State.
(2) “Mass transportation system” means transportation of the public by bus, rail or any other means of conveyance serving the general public and moving under prescribed routes.
19 Del. C. 1953, §  801;  54 Del. Laws, c. 304.;
2023 Delaware Code › Title 19 - Labor › Chapter 8. Protection of Employees’ Rights › § 802. Requirements before any public authority may take over and operate privately owned mass transportation systems.

§ 802. Requirements before any public authority may take over and operate privately owned mass transportation systems.
Before any authority may acquire and operate any property of a privately owned mass transportation system, fair and equitable protective arrangements shall be made as determined by the Department of Labor of this State. Such protective arrangements shall include, without being limited thereto, such provisions as may be necessary to accomplish the following objectives:
(1) The preservation of all existing rights, privileges and benefits of all employees of the mass transportation system so taken over by any authority under the then existing collective bargaining agreements between said mass transportation system and the employee thereof no matter how created or established, including the continuation of all pension rights and benefits of all such employees and their beneficiaries.
(2) The continuation of all collective bargaining in any and all situations wherein it existed at the time of such takeover.
(3) The reasonable protection of all individual employees with respect to their employment, including priorities, seniorities and right to advancement.
(4) The assurances of employment of all the employees of such mass transportation system so acquired by any authority, including the priority of employment.
(5) Training and retraining programs of employees and managing personnel.
19 Del. C. 1953, §  802;  54 Del. Laws, c. 304;  57 Del. Laws, c. 669, §  9A;
2023 Delaware Code › Title 19 - Labor › Chapter 8. Protection of Employees’ Rights › § 803. Required contract provisions.

§ 803. Required contract provisions.
The contract whereby any authority acquires any property of a privately owned mass transportation system shall specify, with particularity, the terms and conditions of all the protective arrangements as set out in § 802 of this title, including all other protective arrangements which may be added thereto by the Department of Labor of this State.
19 Del. C. 1953, §  803;  54 Del. Laws, c. 304;  57 Del. Laws, c. 669, §  9A;
2023 Delaware Code › Title 19 - Labor › Chapter 8. Protection of Employees’ Rights › § 804. Determinations; by whom and how made.

§ 804. Determinations; by whom and how made.
The determinations as to be made by the Department of Labor of this State shall be performed by the Secretary of Labor, in accordance with such rules and regulations as said Department may from time to time establish.
19 Del. C. 1953, §  804;  54 Del. Laws, c. 304;  57 Del. Laws, c. 669, §§  9A, 9B;
2023 Delaware Code › Title 19 - Labor › Chapter 8. Protection of Employees’ Rights › § 805. Employee's right to certain inventions.

§ 805. Employee's right to certain inventions.
Any provision in an employment agreement which provides that the employee shall assign or offer to assign any of the employee's rights in an invention to the employee's employer shall not apply to an invention that the employee developed entirely on the employee's own time without using the employer's equipment, supplies, facility or trade secret information, except for those inventions that:
(1) Relate to the employer's business or actual or demonstrably anticipated research or development; or
(2) Result from any work performed by the employee for the employer.
To the extent a provision in an employment agreement purports to apply to the type of invention described, it is against the public policy of this State and is unenforceable. An employer may not require a provision of an employment agreement made unenforceable under this section as a condition of employment or continued employment.
64 Del. Laws, c. 257, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 9. MINIMUM WAGE › § 901. Definition of terms.

§ 901. Definition of terms.
As used in this chapter:
(1) “Department” means the Department of Labor or its authorized representatives.
(2) “Employ” means to suffer or permit to work.
(3) “Employee” includes any individual employed by an employer but shall not include:
a. Any individual employed in agriculture;
b. Any individual employed in domestic service in or about a private home;
c. Any individual employed in a bona fide executive, administrative or professional capacity, or as an outside commission paid salesperson, not route driver, who customarily performs services away from the individual's employer's premises taking orders for goods or services;
d. Any individual employed by the United States;
e. Any individual engaged in the activities of an educational, charitable, religious or nonprofit organization where the employment relationship does not in fact exist or where the services are rendered to such organization gratuitously;
f. Any individual employed in the catching, taking, propagating, harvesting, cultivating or farming of any kind of fish, shellfish, crustacea, sponges, seaweeds or other aquatic forms of animal and vegetable life, or in the first processing, canning or packing such marine products at sea as an incident to or in conjunction with such fishing operations, including the going to and returning from work and loading and unloading when performed by any such employee;
g. Any individual under the age of 18 participating in and employed as a junior counselor or counselor in training (CIT) by a nonprofit organization in a summer camp program.
h. Any inmate in the custody of the Department of Correction and any inmate on work release who participates in the Prison Industries programs or other programs sponsored for inmates by the Department of Correction pursuant to Chapter 65 of Title 11 or other applicable Delaware law, unless said inmate is employed by an employer other than the State or a political subdivision thereof.
(4) “Employer” includes any individual, partnership, association, corporation, statutory trust, business trust or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee.
(5) “Gratuities” means voluntary monetary contributions received by an employee from a guest, patron or customer for services rendered.
(6) “Occupation” means any occupation, service, trade, business, industry or branch or group of industries or employment or class of employment in which employees are gainfully employed.
(7) “Wage” means compensation due to an employee by reason of the employee's employment, payable in legal tender of the United States or check or bank convertible into cash on demand at full face value, subject to such deductions, charges or allowances as may be permitted by the regulations of the Department under this chapter.
19 Del. C. 1953, §  901;  55 Del. Laws, c. 18, §  1;  57 Del. Laws, c. 669, §  10;  66 Del. Laws, c. 75, §  1;  70 Del. Laws, c. 15, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 329, §  65;
2023 Delaware Code › Title 19 - Labor › Chapter 9. MINIMUM WAGE › § 903. Powers of the Department.

§ 903. Powers of the Department.
(a) The Department shall administer and enforce this chapter.
(b) Upon ex parte application of the Department showing reasonable ground to believe that this chapter or any regulation published thereunder has been or is being violated, the Superior Court shall enter an order permitting the Department to:
(1) Enter and inspect, after 1 day's notice to the employer, the premises or place of business or employment and upon demand examine and copy wholly or partly any or all books, registers, payrolls and other records that in any way relate to or have a bearing upon the question of wages, hours and other conditions of employment of any employee, including those required to be made, kept and preserved under this chapter or any regulation published thereunder;
(2) Question any employer, employee or other person in the premises or place of business or employment;
(3) Require from any employer full and correct statements in writing, including sworn statements, upon forms prescribed or approved by the Department, with respect to the payment of wages, hours, names, addresses and such other information pertaining to employees as the Department may deem necessary or appropriate;
(4) Investigate such facts, conditions or matters as the Department may deem necessary or appropriate to determine whether this chapter or any regulation published thereunder has been or is being violated;
(5) Hold hearings, administer oaths and examine witnesses under oath, issue subpoenas, compel the attendance of witnesses and the production of papers, books, accounts, records, payrolls, documents and testimony and to take depositions and affidavits in any proceeding before it, and, in case of failure of any person to comply with any subpoena lawfully issued or on the refusal of any witness to testify to any matters regarding which the witness may be lawfully interrogated, the Superior Court, on application by the Department, shall compel obedience as in the case of disobedience of the requirements of a subpoena issued from such Court or a refusal to testify therein.
(c) The Department may institute actions in the Superior Court for penalties for any violation of this chapter or any regulation published thereunder.
(d) Nothing contained in this chapter shall be deemed a limitation on any power or authority of the Department under any other law of this State which may be otherwise applicable to administer or enforce this chapter.
19 Del. C. 1953, §  903;  55 Del. Laws, c. 18, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 9. MINIMUM WAGE › § 904. Regulations.

§ 904. Regulations.
(a) The Department, for any occupation, shall have the power to make and revise or rescind such regulations, including the definition of terms, as it may deem necessary or appropriate to preserve or safeguard the minimum wage rate under this chapter, except that prior thereto the Department shall hold public hearing upon reasonable notice at which any person may be heard and shall consult with the members of an advisory board representing the interests of employers, employees and the public in equal numbers totaling not more than 9 in all. The members of the board shall serve at the pleasure of the Department and may be paid by it as compensation for their services a reasonable per diem, in accordance with such regulations as it may prescribe, for each day on which they attend a meeting of the board or for each day they spend in the work of the board and may in addition be reimbursed for their necessary and reasonable traveling expenses. Such regulations may include, but are not limited to:
Regulations defining and governing outside salespersons, learners and apprentices, their number, proportion and length of service, part-time pay, bonuses, overtime pay, special pay for special or extra work, permitted charges to employees or allowances for board, lodging, apparel or other facilities or services customarily furnished by employers to employees, allowances for gratuities or allowances for such other special conditions or circumstances which may be usual in a particular employment relationship. Such regulations shall, except as may be otherwise provided by the Department, take effect upon publication.
(b) The Department shall have the power to make and revise or rescind such regulations as it may deem necessary or appropriate to administer or enforce this chapter, and such regulations shall, except as may be otherwise provided by the Department, take effect upon publication.
19 Del. C. 1953, §  904;  55 Del. Laws, c. 18, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 9. MINIMUM WAGE › § 906. Wage rate for learners and apprentices.

§ 906. Wage rate for learners and apprentices.
For any occupation, the Department may provide by regulations, after public hearing, upon reasonable notice, at which any person may be heard, for the employment of learners and apprentices at such wages lower than the minimum rate under this chapter as the Department may deem necessary or appropriate to prevent curtailment of opportunities for employment. No employee shall be employed at wages fixed pursuant to this section except under applicable regulations of the Department. Such regulations shall, except as may be otherwise provided by the Department, take effect upon publication.
19 Del. C. 1953, §  906;  55 Del. Laws, c. 18, §  1;  67 Del. Laws, c. 141, §§  2, 5;  69 Del. Laws, c. 334, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 9. MINIMUM WAGE › § 907. Records of employers.

§ 907. Records of employers.
Every employer shall make, keep and preserve for a period of not less than 3 years, in or about the premises or place of business or employment, a record of the name, address and occupation of each employee, the rate of pay and the amount paid each pay period to each employee, the hours worked each day and each work week by each employee and such other information or records as the Department shall deem by regulation to be necessary or appropriate to administer or enforce this chapter.
19 Del. C. 1953, §  907;  55 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 9. MINIMUM WAGE › § 908. Posting of laws and regulations.

§ 908. Posting of laws and regulations.
Every employer shall keep a summary of this chapter, approved by the Department, and of 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 thereof by the Department on request without charge.
19 Del. C. 1953, §  908;  55 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 9. MINIMUM WAGE › § 909. Judicial review.

§ 909. Judicial review.
(a) Any interested person in any occupation for which any regulation has been published under this chapter, who has been or may be aggrieved thereby, may obtain a review thereof in the Superior Court by filing in such Court, within 20 days after notice that such regulation will affect the interested person's business operations or employment conditions or compensation, a petition against the Department as defendant praying that the regulation be modified or revoked. Two copies of the petition shall be served upon the Department by registered mail. Facts determined by the Department, if supported by evidence, shall be conclusive upon the Court. The Court shall determine whether the person has been or may be aggrieved and whether the regulation is in accordance with law. If the Court determines that the person has been or may be aggrieved and that the regulation is not in accordance with law, it shall remand the case to the Department with directions to modify or revoke the regulation.
(b) Proceedings in the Superior Court upon review taken under this section shall be privileged and take precedence over all matters, except matters of the same character. The jurisdiction of the Court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review by the Supreme Court at the instance of either party.
(c) The commencement of proceedings under this section shall not, unless specifically ordered by the Superior Court, operate as a stay of any regulation published under this chapter. The Court shall not grant any stay of any regulation unless the person aggrieved shall file in the Court an undertaking with a surety or sureties satisfactory to the Court for the payment to the employees affected by the regulation, in the event it is affirmed, of the amount by which the compensation the employees are entitled to receive under the regulation exceeds the compensation they actually receive while the stay is in effect.
19 Del. C. 1953, §  909;  55 Del. Laws, c. 18, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 9. MINIMUM WAGE › § 910. Penalties.

§ 910. Penalties.
(a) Any employer who hinders or delays the Department in the performance of its duties or refuses to admit the Department to the premises or place of business or employment in violation of any court order, or fails to make, keep and preserve any books, registers, payrolls or other records or falsifies the same, or refuses to make the same accessible to the Department, or refuses to furnish a sworn statement of the same or any other information, or fails to post a summary of this chapter or of any applicable regulations published thereunder or summary thereof, or pays or agrees to pay wages at a rate less than the rate applicable, or otherwise violates this chapter or any regulation published thereunder shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each such violation.
(b) Any employer who discharges or who in any manner discriminates against any employee because that employee made a complaint or gave information to the Department pursuant to this chapter, or caused or is about to cause any proceedings to be instituted under this chapter, or has testified or is about to testify in any such proceedings shall be deemed in violation of this chapter and shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each such violation.
(c) A civil penalty claim may be filed in any court of competent jurisdiction.
19 Del. C. 1953, §  910;  55 Del. Laws, c. 18, §  1;  67 Del. Laws, c. 260, §  1;  69 Del. Laws, c. 294, §§  12, 13;
2023 Delaware Code › Title 19 - Labor › Chapter 9. MINIMUM WAGE › § 911. Remedies of employees.

§ 911. Remedies of employees.
(a) Any employer who pays any employee less than the full amount of the wages to which the employee is entitled under this chapter shall be liable to such employee in a civil action for the full amount of such wages less any amount actually paid to such employee by the employer and for the costs of the action, necessary expenses of prosecution and reasonable attorney's fees. Any agreement between such employee and the employer to work for less than the minimum wage rate under this chapter shall be no defense to such action.
(b) Whenever the Department believes that wages, as required under this chapter, have not been paid, the Department may bring any legal action necessary to collect such claim. The Department shall attempt to notify affected employees of its action. Should the Department prevail the employer shall also be liable to pay the costs of the action, necessary expenses of prosecution and reasonable attorney's fees. All expenses and attorney's fees collected by the Department shall be remitted by the Department to the State Treasurer. Any wages collected pursuant to this subsection but not claimed by the employee entitled thereto within 1 year from the date of collection shall be remitted by the Department to the State Treasurer.
19 Del. C. 1953, §  911;  55 Del. Laws, c. 18, §  1;  65 Del. Laws, c. 369, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 9. MINIMUM WAGE › § 912. Relation to other laws.

§ 912. Relation to other laws.
Any standards relating to minimum wages, maximum hours, overtime compensation or other working conditions in effect under any other law of this State on the effective date of this chapter which are more favorable to employees than those applicable to such employees under this chapter or regulations published thereunder shall not be deemed to be amended, rescinded or otherwise affected by this chapter but shall continue in full force and effect and may be enforced as provided by law. Otherwise, any such standards in effect under any other law of this State on the effective date of this chapter are specifically superseded by standards established under this chapter or regulations published thereunder which are more favorable to such employees.
19 Del. C. 1953, §  912;  55 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 9. MINIMUM WAGE › § 913. Right of collective bargaining.

§ 913. Right of collective bargaining.
Nothing in this chapter shall be deemed to interfere with, impede or in any way diminish the right of employees to bargain collectively with their employers through representatives of their own choosing in order to establish wages or other conditions of work in excess of the minimum wage rate under this chapter.
19 Del. C. 1953, §  913;  55 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 11. WAGE PAYMENT AND COLLECTION › § 1101. Definition of terms.

§ 1101. Definition of terms.
(a) For purposes of this chapter:
(1) “Check” means a draft drawn on a bank and payable on demand.
(2) “Department” means the Department of Labor.
(3) “Employ” means to suffer or permit to work.
(4) “Employee” means a person suffered or permitted to work by an employer in this State. This chapter does not apply to any of the following:
a. Employees of the United States government.
b. Employees of the State of Delaware or any political subdivision of this State.
c. Independent contractors.
(5) “Employer” means any individual, partnership, association, joint stock company, trust, corporation, the administrator or executor of the estate of a deceased individual, or the receiver, trustee, or successor of any of the same employing a person. This chapter does not apply to employees of the United States government, the State of Delaware or any political subdivision of this State.
(6) “Independent contractor” means as defined in § 3501 of this title. “Independent contractor” includes any of the following:
a. A person licensed by the Department of Insurance under Title 18.
b. A person registered under Chapter 73 of Title 6 as any of the following:
1. A broker-dealer.
2. An agent.
3. An investment adviser.
4. An investment adviser representative.
c. A person designated as an “independent contractor” by the Department through regulations.
(7) “Secretary” or “Secretary of Labor” means the Secretary of the Department of Labor or the Secretary's authorized designee.
(8) “Wage” means compensation due to an employee by reason of the employee's employment, payable in legal tender of the United States or check or bank draft convertible into cash on demand at full face value, subject to such deductions, charges, or allowances as may be permitted by the regulations of the Department under this title.
(b) For purposes of this chapter, the officers of a corporation and any agents having the management thereof, who knowingly permit a corporation to violate this chapter are deemed to be the employer of the employees of the corporation.
19 Del. C. 1953, §  1101;  55 Del. Laws, c. 19, §  1;  57 Del. Laws, c. 669, §  11;  70 Del. Laws, c. 103, §  1;  83 Del. Laws, c. 443, § 2;
2023 Delaware Code › Title 19 - Labor › Chapter 11. WAGE PAYMENT AND COLLECTION › § 1102. Payment of wages on regular paydays.

§ 1102. Payment of wages on regular paydays.
(a) Every employer shall pay all wages due to the employer's employees on regular paydays designated in advance by the employer, which shall be at least once during each calendar month, and in lawful money of the United States or checks provided suitable arrangements are made by the employer for cashing such checks for the full amount of the wages due at a bank or other business establishment convenient to the place of employment. But upon written request of an employee, an employer may pay such employee all wages due by credit to a bank account designated by the employee.
(b) Every employer shall pay all wages due within 7 days from the close of the pay period in which the wages were earned; provided, that if the regular payday falls on a nonwork day, payment shall be made on the preceding workday. If, however, the regular payday is within the pay period (on or before the final day of the pay period) and the pay period does not exceed 16 days, the employer may delay until the next pay period compensation for the following:
(1) Overtime hours worked by employees;
(2) Employees hired or resuming employment during the pay period; and
(3) Part-time or temporary employees with variable working time.
(c) If an employee is for any reason not present on the regular payday, payment shall be made either by mail if requested by the employee or at the next regular workday that the employee is present or by the credit to the bank account designated by the employee.
19 Del. C. 1953, §  1102;  55 Del. Laws, c. 19, §  1;  57 Del. Laws, c. 152, §§  1, 2;  68 Del. Laws, c. 217, §  1;  70 Del. Laws, c. 103, §§  2, 3;  70 Del. Laws, c. 186, §  1;