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Chapter 1. DEPARTMENT OF LABOR
§ 101. Definitions; exclusions. - (a) As used in this chapter: (1) “Board” means the...
§ 102. Office; hearings. - The Department shall keep such suitable office as shall best...
§ 103. Regulation of child labor. - The Secretary of Labor may visit and inspect at any...
§ 104. Preparation of certificates, papers and abstracts. - The Department shall formulate and have printed certificates and papers...
§ 105. Duties and powers of the Department; fees; Department of Labor Research Fund. - (a) In addition to such other duties and powers which...
§ 106. Rules relating to accidents and industrial diseases. - (a) The Department may make, modify and repeal rules for...
§ 107. Inspection of records; duty to furnish information. - (a) The members of the Department and its authorized representatives...
§ 108. Power as to witnesses; seal; evidence; procedure. - The Department, and any officer of the Department designated by...
§ 109. Review of rules by Superior Court. - Any person whose interest is affected thereby may commence an...
§ 110. Declaration of policy as to labor disputes. - It is declared as the public policy of this State...
§ 111. Labor disputes; powers and duties of Secretary. - (a) Upon the Secretary's own motion, in an existing, imminent...
§ 112. Strike rights not to be impeded. - Nothing in this chapter shall be construed to interfere with,...
§ 113. Rules for mediation of labor disputes. - The Secretary may adopt, alter, amend or repeal such rules...
§ 114. Chapter does not diminish constitutional rights. - Nothing contained in this chapter shall be construed as interfering...
§ 115. Enforcement by Attorney General. - It shall be the duty of the Attorney General of...
§ 116. Penalties. - Any person who violates or fails or refuses to comply...
§ 117. State and federal cooperation. - The Department may assist and cooperate with the Wage-Hour and...
Chapter 2. STATE APPRENTICES
§ 201. Declaration of policy. - It is declared to be the policy of this State...
§ 202. Powers and duties of Department. - (a) The Department shall carry out the purposes of this...
§ 203. Limitations. - This chapter shall apply only to persons, copartnerships, associations, corporations,...
§ 204. Training and apprenticeship programs. - (a) The State Department of Labor shall develop and conduct...
§ 205. Apprenticeship and Training Fund. - (a) A special fund known as the Apprenticeship and Training...
Chapter 4. Union Security Agreements.
§ 401. Statement of policy. - It is the declared policy of the State and the...
§ 402. Definitions. - For the purposes of this chapter: (1) “Employer” means any...
§ 403. Requirement of membership in labor organization as condition of employment. - An employer or labor organization may execute and apply an...
Chapter 5. CHILD LABOR
§ 501. Applicability of chapter. - This chapter shall apply to any place, establishment or occupation...
§ 502. Definitions. - As used in this chapter, the following words have the...
§ 503. Powers and duties of Secretary. - (a) The Secretary or the Secretary's authorized representative shall enforce...
§ 504. Employment certificates. - (a) A minor shall not engage in employment unless the...
§ 505. Minors under 14 years of age. - A minor under the age of 14 years shall not...
§ 506. Minors under 16 years of age. - (a) A minor under 16 years of age shall not...
§ 507. Minors under 18 years of age. - (a) A minor under 18 years of age shall not...
§ 508. Special permit for model, performer or entertainer. - (a) Except as provided in subsection (b) of this section,...
§ 509. Interference with Department of Labor; employment of minor in violation of this chapter. - (a) It is unlawful to interfere with or hinder the...
Chapter 7. EMPLOYMENT PRACTICES
Subchapter I. General Provisions
§ 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...
§ 702. Payment of wages for railroad employees every 2 weeks. - (a) Every corporation or joint stock association operating a steam,...
§ 703. Employment of strike breakers. - (a) It shall be unlawful for any person, firm or...
§ 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,...
§ 705. Notice of monitoring of telephone transmissions, electronic mail and Internet usage. - (a) As used in this section, “employer” includes any individual,...
§ 706. Continuation of labor contracts despite merger or other business combination. - (a) Notwithstanding any other provisions of this Code, no merger,...
§ 707. Meal breaks. - (a) An employer must allow an employee an unpaid meal...
§ 708. Special employment practices relating to health care and child care facilities. - (a) Definitions. — (1) “Child care facility” means any child...
§ 709. Employment information. - (a) An employer or any person employed by the employer...
§ 709A. Employer use of social media. - (a) For purposes of this section, the following definitions shall...
§ 709B. Unlawful employment practices; compensation history - (a) Definitions. — For the purposes of this section: (1)...
Subchapter II. Discrimination in Employment
§ 710. Definitions. - For the purposes of this subchapter: (1) “Age” as used...
§ 711. Unlawful employment practices; employer practices. - (a) Definitions. — As used in this section: (1) “Certifying...
§ 711A. Unlawful employment practices; sexual harassment. - (a) Purpose. — The State of Delaware is committed to...
§ 712. Enforcement provisions; powers of the Department; administrative process. - (a) The Department of Labor is empowered, as hereinafter provided,...
§ 713. Civil action by the Attorney General; complaint. - (a) Whenever the Attorney General has reasonable cause to believe...
§ 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...
§ 715. Judicial remedies; civil penalties. - Superior Court shall have jurisdiction over all proceedings brought by...
§ 716. Posting of notices; penalties. - (a) Every employer, employment agency and labor organization, as the...
§ 717. Veterans' special rights or preference. - Nothing contained in this subchapter or subchapter III of this...
§ 718. Short title, effective date, savings clause. - (a) This subchapter may be cited as the “Discrimination in...
§ 719. Criminal jurisdiction. - The Superior Court shall have exclusive original jurisdiction over all...
§ 719A. Volunteer firefighters, ambulance personnel and ladies auxiliary. - It shall be an unlawful employment practice for an employer...
Subchapter III. Persons With Disabilities Employment Protections
§ 720. Short title. - This subchapter may be cited as the “Persons With Disabilities...
§ 721. Statement of purpose and interpretation. - (a) This subchapter is intended to encourage and enable qualified...
§ 722. Definitions. - As used in this subchapter, unless the context otherwise requires:...
§ 723. Reasonable accommodation duties. - (a) A qualified person with a disability requesting a reasonable...
§ 724. Unlawful employment practices. - (a) Employer prohibitions. — It shall be an unlawful employment...
§ 725. Affirmative defenses. - In defense of any action to enforce § 724 of...
§ 726. Retaliation prohibited. - It shall be an unlawful employment practice for any employer...
§ 727. Enforcement provisions and election remedies. - (a) Enforcement of this subchapter shall be in accordance with...
§ 728. Regulations. - The Secretary shall adopt such rules and regulations as may...
Subchapter IV. Right to Inspect Personnel Files
§ 730. Short title. - This subchapter may be cited as the “Right to Inspect...
§ 731. Definitions. - As used in this subchapter: (1) “Employee” means any person...
§ 732. Inspection of personnel files. - An employer shall, at a reasonable time, upon request of...
§ 733. Removal of file; note taking; protection of file; inspection time. - Nothing in this subchapter shall be construed as a requirement...
§ 734. Removal or correction of information; employee's explanatory statement. - If upon inspection of the employee's personnel file an employee...
§ 735. Refusing employee access; penalty; jurisdiction of violations. - (a) Any employer who refuses an employee access to personnel...
§ 736. Safe destruction of records containing personal identifying information. - (a) Definitions. — (1) “Personal identifying information” means an employee's...
Subchapter V. Employment First Act
§ 740. Short title. - This subchapter may be known and cited as the “Employment...
§ 741. Statement of purpose. - The General Assembly finds that the benefits of meaningful work...
§ 742. Definitions. - As used in this subchapter, unless the context otherwise requires:...
§ 743. Employment first policy. - It is hereby declared to be the policy of this...
§ 744. Implementation of policy by state agencies. - (a) All state agencies shall coordinate efforts and shall collaborate...
§ 745. Establishment of Employment First Oversight Commission. - (a) There is hereby established an Employment First Oversight Commission...
§ 746. Commission organization; meetings; officers; quorum. - (a) The Commission shall hold regularly scheduled business meetings at...
§ 747. Powers and duties of Commission. - (a) The Commission shall review measurable goals and objectives as...
Subchapter VI. Jamie Wolfe Employment Act
§ 750. Short title. - This subchapter may be known as the “Jamie Wolfe Employment...
§ 751. Statement of purpose. - The General Assembly finds as follows: In 1938, § 14(c)...
§ 752. Minimum wage for individuals with a disability. - Commencing January 31, 2024, an employer who is authorized to...
§ 753. Plan. - (a) The Employment First Oversight Commission established under §745 of...
§ 754. Regulations. - The Department may promulgate regulations necessary for implementation of the...
Chapter 8. Protection of Employees’ Rights
§ 801. Definitions. - As used in this chapter: (1) “Authority” means the State,...
§ 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...
§ 803. Required contract provisions. - The contract whereby any authority acquires any property of a...
§ 804. Determinations; by whom and how made. - The determinations as to be made by the Department of...
§ 805. Employee's right to certain inventions. - Any provision in an employment agreement which provides that the...
Chapter 9. MINIMUM WAGE
§ 901. Definition of terms. - As used in this chapter: (1) “Department” means the Department...
§ 902. Minimum wage rate [For current federal minimum wage, see 29 U.S.C. § 206(a)(1)(A)]. - (a) Except as may otherwise be provided under this chapter,...
§ 903. Powers of the Department. - (a) The Department shall administer and enforce this chapter. (b)...
§ 904. Regulations. - (a) The Department, for any occupation, shall have the power...
§ 906. Wage rate for learners and apprentices. - For any occupation, the Department may provide by regulations, after...
§ 907. Records of employers. - Every employer shall make, keep and preserve for a period...
§ 908. Posting of laws and regulations. - Every employer shall keep a summary of this chapter, approved...
§ 909. Judicial review. - (a) Any interested person in any occupation for which any...
§ 910. Penalties. - (a) Any employer who hinders or delays the Department in...
§ 911. Remedies of employees. - (a) Any employer who pays any employee less than the...
§ 912. Relation to other laws. - Any standards relating to minimum wages, maximum hours, overtime compensation...
§ 913. Right of collective bargaining. - Nothing in this chapter shall be deemed to interfere with,...
§ 914. Short title. - This chapter shall be known as the “Minimum Wage Act...
Chapter 11. WAGE PAYMENT AND COLLECTION
§ 1101. Definition of terms. - (a) For purposes of this chapter: (1) “Check” means a...
§ 1102. Payment of wages on regular paydays. - (a) Every employer shall pay all wages due to the...
§ 1102A. Wage theft. - (a) An employer may not do any of the following:...
§ 1103. Employees separated from the payroll before regular payday; damages for failure to pay wages. - (a) (1) Whenever an employee quits, resigns, is discharged, suspended,...
§ 1104. Unconditional payment of wages conceded to be due. - (a) In case of a dispute over the amount of...
§ 1105. Prime contractor's responsibility for wage payments. - Whenever any person shall contract with another for the performance...
§ 1106. Deceased employees. - (a) In the event of the death of an employee...
§ 1107. Withholding of wages. - No employer may withhold or divert any portion of an...
§ 1107A. Differential rate of pay based on gender prohibited. - (a) No employees shall be paid a wage at a...
§ 1108. Duty of employer regarding notification, posting and records. - It shall be the duty of every employer of over...
§ 1109. Benefits and wage supplements. - (a) Any employer who is party to an agreement to...
§ 1110. Provisions of law may not be waived by agreement. - Except as provided in this chapter, no provision of this...
§ 1111. Powers of the Department. - (a) The Department shall administer and enforce this chapter. (b)...
§ 1112. Penalties. - (a) Any employer who violates or fails to comply with...
§ 1113. Remedies of employees. - (a) A civil action to recover unpaid wages and liquidated...
§ 1114. Regulations. - The Department shall have the power to make and revise...
§ 1115. Short title. - This chapter shall be known as the “Wage Payment and...
Chapter 13. PUBLIC EMPLOYMENT RELATIONS ACT
§ 1301. Statement of policy. - It is the declared policy of the State and the...
§ 1302. Definitions. - (a) “Appropriate bargaining unit” or “bargaining unit” means a group...
§ 1303. Public employee rights. - Public employees shall have the right to: (1) Organize, form,...
§ 1304. Employee organization as exclusive representative. - (a) The employee organization designated or selected for the purpose...
§ 1305. Public employer rights. - A public employer is not required to engage in collective...
§ 1306. Public Employment Relations Board. - The Board, established by § 4006 of Title 14, known...
§ 1307. Unfair labor practices. - (a) It is an unfair labor practice for a public...
§ 1308. Disposition of complaints. - (a) The Board is empowered and directed to prevent any...
§ 1309. Appeals; petitions for enforcement. - (a) Any party adversely affected by a decision of the...
§ 1310. Bargaining unit determination. - (a) An employee organization desiring to be certified as the...
§ 1311. Determination and certification of exclusive representative. - (a) Any employee organization seeking certification as exclusive representative in...
§ 1311A. Collective bargaining in the state service. - (a) Notwithstanding any other provision in this Code, exclusive representatives...
§ 1312. Employee organizations required to register and submit annual reports. - Every employee organization which has or seeks recognition as a...
§ 1313. Collective bargaining agreements. - (a) Collective bargaining shall commence at least 90 days prior...
§ 1314. Mediation. - (a) If, after a reasonable period of negotiations over the...
§ 1315. Binding interest arbitration. - (a) Within 7 working days of receipt of a petition...
§ 1316. Strikes prohibited. - (a) No public employee shall strike while in the performance...
§ 1317. Injunctions. - (a) Chancery Court is vested with the authority to hear...
§ 1318. Status of existing exclusive representative. - An employee organization that has been certified as the exclusive...
§ 1319. Fair share fees. - (a) Where the provisions of a collective bargaining agreement so...
Chapter 15. AGRICULTURAL LABOR
§ 1501. Registered contractors. - (a) If an employer of migratory or seasonal agricultural labor...
Chapter 16. Police Officers’ and Firefighters’ Employment Relations Act
§ 1601. Statement of policy. - It is the declared policy of the State and the...
§ 1602. Definitions [For application of this section, see 83 Del. Laws, c.146, §§ 2, 3]. - As used in this chapter: (1) “Appropriate bargaining unit” or...
§ 1603. Employee rights. - Employees shall have the right to: (1) Organize, form, join...
§ 1604. Employee organization as exclusive representative. - (a) The employee organization designated or selected for the purpose...
§ 1605. Employer rights. - A public employer is not required to engage in collective...
§ 1606. Public Employment Relations Board. - The Board, established by § 4006 of Title 14, known...
§ 1607. Unfair labor practices — Enumerated. - (a) It is an unfair labor practice for a public...
§ 1608. Unfair labor practices — Disposition of complaints. - (a) The Public Employment Relations Board is empowered and directed...
§ 1609. Unfair labor practices — Appeals; petitions for enforcement. - (a) Any person or party adversely affected by a decision...
§ 1610. Bargaining unit determination. - (a) An employee organization desiring to be certified as the...
§ 1611. Determination and certification of exclusive representative. - (a) Any employee organization seeking certification as exclusive representative in...
§ 1612. Employee organizations required to register and submit annual reports. - Every employee organization which has or seeks recognition as a...
§ 1613. Collective bargaining agreements. - (a) Collective bargaining shall commence at least 90 days prior...
§ 1614. Mediation. - (a) If, after a reasonable period of negotiations over the...
§ 1615. Binding interest arbitration. - (a) Within 7 working days of receipt of a petition...
§ 1616. Strikes prohibited. - (a) No public employee shall strike while in the performance...
§ 1617. Injunctions. - (a) Chancery Court is vested with the authority to hear...
§ 1618. Status of existing exclusive representative. - An employee organization that has been certified as the exclusive...
Subchapter II. Volunteer Firefighter and Rescue Squad Worker Protection Act [Effective upon enactment of comparable federal law]
§ 1621. Definitions [Effective upon enactment of comparable federal law]. - As used in this subchapter the term “employee” shall not...
§ 1622. Waiver of overtime compensation [Effective upon enactment of comparable federal law]. - The employer of a firefighter or member of a rescue...
§ 1623. Coercion [Effective upon enactment of comparable federal law]. - No employer may require directly or indirectly an employee who...
Chapter 17. Whistleblowers’ Protection
§ 1701. Short title. - This chapter may be cited as the “Delaware Whistleblowers' Protection...
§ 1702. Definitions. - As used in this chapter: (1) “Employee” means a person...
§ 1703. Protection. - An employer shall not discharge, threaten, or otherwise discriminate against...
§ 1704. Relief and damages. - (a) A person who alleges a violation of this chapter...
§ 1705. Collective bargaining. - This chapter shall not be construed to diminish or impair...
§ 1706. Exemption. - This chapter shall not be construed to require an employer...
§ 1707. Notices requirement. - An employer shall post notices and use other appropriate means...
§ 1708. Burden of proof. - The burden of proof in any action brought under this...
Chapter 18. VOLUNTEER EMERGENCY RESPONDERS JOB PROTECTION ACT
§ 1801. Short title. - This chapter may be known and cited as the “Volunteer...
§ 1802. Definitions. - As used in this chapter, unless the context otherwise requires:...
§ 1803. Employer; prohibited acts. - (a) No employer shall terminate, demote or take any other...
§ 1804. Employer; adjustments to wages authorized. - An employer may subtract from an employee's earned wages any...
§ 1805. Employee; duty to notify employer. - An employee shall notify his or her employer, in accordance...
§ 1806. Employee; provide written statement; contents. - (a) At an employer's request, an employee, acting as a...
§ 1807. Wrongful termination of employment or disciplinary action; reinstatement; action to enforce act. - An employee who is terminated or against whom any disciplinary...
§ 1808. Substantially similar employment policies. - The provisions of this chapter shall not apply to an...
Chapter 19. Delaware Workplace Adjustment and Retraining
§ 1901. Short title - This chapter shall be known and may be cited as...
§ 1902. Statement of purpose - This chapter is intended to direct employers that meet the...
§ 1903. Definitions - (a) For purposes of this chapter: (1) “Affected employees” means...
§ 1904. Notice - (a) An employer may not order a mass layoff, plant...
§ 1905. Exceptions - (a) In the case of a mass layoff, plant closing...
§ 1906. Extension of mass layoff period - A mass layoff of more than 6 months which, at...
§ 1907. Determinations with respect to employment loss - An employer must also give notice if the number of...
§ 1908. Powers of the Secretary - (a) The Secretary shall prescribe such rules and regulations as...
§ 1909. Violation; liability - (a) An employer who fails to give notice as required...
§ 1910. Civil penalty - (a) An employer who fails to give notice as required...
§ 1911. Other rights - The rights and remedies provided to employees by this chapter...
Chapter 21. Industrial Accident Board [Repealed]. -
Chapter 23. Workers’ Compensation
§ 2301. Definitions. - As used in this chapter: (1) “Board” means the Industrial...
§ 2301A. Industrial Accident Board. - (a) The Industrial Accident Board is continued. It shall consist...
§ 2301B. Hearing officers. - (a) There is hereby created within the Department of Labor...
§ 2301C. Workers' compensation specialist. - There is hereby created within the Department of Labor the...
§ 2301D. Annual review of Industrial Accident Board Case management. - (a) The General Assembly intends for the Industrial Accident Board...
§ 2302. Wages; definition and computation; valuation of board and lodging. - (a) “Average weekly wage” means the weekly wage earned by...
§ 2303. Territorial application of chapter. - (a) If an employee, while working outside the territorial limits...
§ 2304. Compensation as exclusive remedy. - Except as expressly excluded in this chapter and except as...
§ 2305. Exemption from liability prohibited; exception. - No agreement, rule, regulation or other device shall in any...
§ 2306. Applicability — Employers. - (a) Except as otherwise indicated, this chapter shall apply to...
§ 2307. Applicability — Domestic servants and farm laborers. - (a) This chapter shall not apply to any person employed...
§ 2308. Applicability — Executive officers; sole proprietors and partners. - (a) Executive officers of covered employers are included within this...
§ 2309. Applicability — State, counties and political subdivisions. - This chapter shall not apply to the State, any governmental...
§ 2310. Applicability to persons engaged in interstate or foreign commerce. - This chapter shall not apply to employees injured or killed...
§ 2311. Contractors, subcontractors, independent contractors and lessees of motor vehicles transporting passengers for hire as employers. - (a) Notwithstanding any other provisions in this chapter, including but...
§ 2312. Volunteer firefighters treated as State employees; election by volunteer fire companies; revocation; wage as basis for compensation. - (a) For the purposes of this chapter, volunteer firefighters shall...
§ 2313. Record and report of injuries by employers; penalty; admissibility as evidence. - (a) Every employer to whom this chapter applies shall keep...
§ 2314. Defenses unavailable in action for compensation. - In any action instituted by any person to recover damages...
§ 2315. Compensation to illegally employed minors. - The right to receive compensation under this chapter shall not...
§ 2316. Licensed real estate salespersons and licensed associate real estate brokers who are independent contractors. - (a) This chapter shall not apply to licensed real estate...
§ 2317. HAZMAT team members treated as State employees; wage as basis for compensation. - (a) For purposes of this chapter, HAZMAT team members shall...
§ 2320. Subpoena of witnesses; oaths; service of process; medical examination and testimony; various fees. - At the request of any party, subpoenas shall be issued...
Subchapter II. Payments for Injuries or Death and Incidental Benefits
§ 2321. Minimum duration of incapacity. - Permanent injury relating to hearing or vision loss, surgical, medical...
§ 2322. Medical and other services, and supplies as furnished by employer. - (a) During the period of disability the employer shall furnish...
§ 2322A. Workers' Compensation Oversight Panel. - (a) Membership; terms. — The Workers' Compensation Oversight Panel shall...
§ 2322B. Procedures and requirements for promulgation of health-care payment system. - The health-care payment system developed pursuant to this section shall...
§ 2322C. Development of health-care practice guidelines. - Health care practice guidelines shall be developed in accordance with...
§ 2322D. Certification of health-care providers. - (a) (1) Certification shall be required for a health-care provider...
§ 2322E. Development of consistent forms for health-care providers. - (a) The Workers' Compensation Oversight Panel is authorized and directed...
§ 2322F. Billing and payment for health-care services. - (a) Charges for medical evaluation, treatment and therapy, including all...
§ 2323. Selection of physician, surgeon, dentist, optometrist or chiropractor by employee. - Any employee who alleges an industrial injury shall have the...
§ 2324. Compensation for total disability. - For injuries resulting in total disability occurring after July 1,...
§ 2325. Compensation during partial disability. - For injuries resulting in partial disability for work, except the...
§ 2326. Compensation for certain permanent injuries. - (a) For all permanent injuries of the following classes, the...
§ 2327. Compensation for subsequent permanent injury; special fund for payment. - (a) Whenever a subsequent permanent injury occurs to an employee...
§ 2328. Compensation for death or disability from an occupational disease. - The compensation payable for death or disability total in character...
§ 2329. Compensation for disability resulting from occupational and other preexisting disease. - Whenever any disability from which any employee is suffering following...
§ 2330. Compensation for death. - (a) In case of death, compensation shall be computed on...
§ 2331. Burial expenses where death results from injury. - If death results from the injury, the employer shall pay...
§ 2332. Death of employee as affecting compensation and other benefits. - Should the employee die as a result of the injury,...
§ 2333. Compensation of nonresident alien dependents; representation by consular officers. - (a) Compensation under this chapter to alien dependent surviving spouses...
§ 2334. Benefit adjustment. - (a) Any person with a total disability on or after...
Subchapter III. Determination and Payment of Benefits; Procedure
§ 2341. Notice of injury; time of; and failure to give. - Unless the employer has actual knowledge of the occurrence of...
§ 2342. Notice of occupational disease; time of; failure to give. - Unless the employer during the continuance of the employment has...
§ 2343. Physical examination of employee; refusal to submit; communications not privileged. - (a) After an injury, and during the period of resulting...
§ 2344. Agreements on compensation or benefits; filing and approval; conclusiveness. - (a) If the employer and the injured employee, or the...
§ 2345. Hearing upon disagreement on amount of compensation or benefits. - If the employer and employee, or the employee's dependents in...
§ 2346. Hearing upon disagreement on charges for medical and other services and benefits - If any person charged with the payment of medical and...
§ 2347. Review by Board of agreements or awards; grounds; modification of award. - (a) On the application of any party in interest on...
§ 2348. Hearings; notice of awards; evidence. - (a) In all hearings before the Board, the Board shall...
§ 2348A. Mediation. - (a) At any time prior to 30 days after the...
§ 2349. Exceptions. - An award of the Board, in the absence of fraud,...
§ 2350. Jurisdiction, procedure and decision on appeal; review by Board; costs and security. - (a) The Superior Court shall have jurisdiction to hear and...
§ 2351. Physical examination of claimant on appeal; other additional evidence. - (a) Upon the hearing of any appeal, the Court may...
§ 2352. Persons entitled to institute proceedings for minors; notice to. - Proceedings for compensation may be instituted by the surviving parent,...
§ 2353. Forfeiture or suspension of right to compensation. - (a) If the employee refuses reasonable surgical, medical and hospital...
§ 2354. Contribution by 2 or more employers. - (a) Whenever any employee, for whose injury or death compensation...
§ 2355. Assignment of compensation prohibited; exemption from creditors' claims; child support exception. - Except for attachments pursuant to child support orders entered under...
§ 2356. Priority of compensation claims. - The right of compensation granted by this chapter shall have...
§ 2357. Collection of payments in default. - If default is made by the employer for 30 days...
§ 2358. Commutation of compensation. - (a) Upon application of either party, and on due notice...
§ 2359. Payment of award to bank in trust for employee or dependents. - (a) At any time after the entry of the award...
§ 2360. Installment payments of compensation. - Except as otherwise provided in this chapter, all compensation, except...
§ 2361. Limitation periods for claims. - (a) In case of personal injury, all claims for compensation...
§ 2362. Notice of denial of liability; penalty for delay in payment of compensation. - (a) An employer or its insurance carrier shall within 15...
§ 2363. Third person liable for injury; right of employee to sue and seek compensation; right of employer and insurer to enforce liability; notice of action; settlement and release of claim and effect thereof; amount of recovery; reimbursement of emp... - (a) Where the injury for which compensation is payable under...
§ 2365. Employee entitled to exercise rights; relief to be granted. - It shall be unlawful for any employer or the duly...
Subchapter IV. Compulsory Insurance, Self-Insurance and Substitute Compensation Systems
§ 2371. Insurance of employer's compensation liability. - (a) Every employer to whom this chapter applies shall insure...
§ 2372. Duty of employer to carry compensation liability insurance or to qualify as a self-insurer; deposit of security; premiums for certain summer employees. - (a) Every employer to whom this chapter applies shall insure...
§ 2373. Payment of compensation by self-insurer. - Whenever an employer who is a self-insurer under this chapter...
§ 2374. Proof of compliance with insurance requirements; liability on failure of compliance; defenses unavailable; injunction. - (a) Every employer to whom this chapter applies shall file...
§ 2375. Certificate of self-insurance; revocation. - Whenever an employer has complied with § 2372 of this...
§ 2376. Evidence of compliance with self-insurance requirements. - For the purpose of complying with § 2372 of this...
§ 2377. Substitute compensation systems; approval and termination. - (a) Subject to the approval of the Department, any employer...
§ 2378. Standard provisions of compensation insurance policies. - (a) All policies insuring the payment of compensation under this...
§ 2379. Workplace safety program. - (a) Purpose. — (1) The safety of Delaware workers is...
§ 2386. Violations by insurers or self-insurers; penalties. - (a) If any insurance corporation, mutual association or company, interinsurance...
Subchapter V. Taxes and Charges Upon Insurance Carriers and Self-Insurers; Workers’ Compensation Fund
§ 2391. Taxes on premiums of insurance carriers and payrolls of self-insurers. - (a) For the privilege of carrying on the business of...
§ 2392. Assessments for administrative expenses on insurance carriers. - (a) For the purpose of securing to the State the...
§ 2393. Notice to insurance carrier. - Whenever any officer of the State is required to give...
§ 2394. Exemption from other taxes upon premiums. - Any insurance carrier liable to pay a tax upon premiums...
§ 2395. Workers' Compensation Fund; payments by insurance carriers. - (a) Every insurance carrier insuring employers who are or may...
§ 2396. Workers' Compensation Fund; reimbursement of carriers. - (a) The Workers' Compensation Fund is created for the purpose...
Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD
§ 3101. Composition; appointment; term; qualifications; vacancy. - (a) The Employment Security Commission of Delaware, renamed the Unemployment...
§ 3102. Removal of members. - The Governor may at any time, after notice and hearing,...
§ 3103. Quorum. - Any 3 Board members shall constitute a quorum. No vacancy...
§ 3104. Chairperson; selection and duties. - The Board shall have a Chairperson who shall be designated...
§ 3105. Compensation of Chairperson and other Board members. - The Chairperson of the Board shall be paid $ $235...
§ 3106. Secretary. - The Board may designate a suitable employee to act as...
§ 3107. Unemployment Compensation Advisory Council. - (a) There is hereby established the Unemployment Compensation Advisory Council....
Subchapter II. Powers and Duties; Administrative Provisions
§ 3121. Employment stabilization. - The Department of Labor, hereinafter referred to in this chapter...
§ 3122. General and special rules; regulations. - General and special rules may be adopted, amended or rescinded...
§ 3123. Recommendations for legislation. - Whenever the Department believes that a change in assessment or...
§ 3124. Publication and distribution of regulations and rules. - The Department shall cause to be printed for distribution to...
§ 3125. Records and reports from employing units; disclosure of information; use of information at hearings or on appeal; penalty. - (a) (1) Each employing unit shall keep true and accurate...
§ 3126. Administering oaths and affirmations, taking depositions, certifying official acts and issuing subpoenas. - In the discharge of the duties imposed by this part,...
§ 3127. Refusal to obey subpoena; penalty. - (a) In case of contumacy by, or refusal to obey...
§ 3128. Self-incrimination. - No person shall be excused from attending and testifying or...
§ 3129. Representation of Department and State in civil and criminal actions. - (a) In any civil action to enforce this part, the...
§ 3130. Cooperation with federal agencies. - In the administration of this part, the Department shall cooperate...
§ 3131. Reciprocal arrangements with state or federal agencies. - (a) The Department may enter into reciprocal arrangements with appropriate...
§ 3132. Authority to use federal grants; limitations. - If § 303(a)(5) of Title III of the federal Social...
§ 3133. Authority to borrow federal funds. - The Department is authorized to enter into such agreement as...
Subchapter III. Delaware State Employment Service
§ 3151. Establishment and purpose; acceptance of Wagner-Peyser Act. - The Delaware State Employment Service is continued under the jurisdiction...
§ 3152. Administration of funds received under Wagner-Peyser Act; power of Department to enter into agreements and to accept contributions or reimbursement. - All moneys received by this State under the Wagner-Peyser Act...
§ 3153. General functions and purposes. - The Department, in conducting the employment service, shall promote and...
§ 3154. Cooperation with local authorities. - The Department shall cooperate with the counties, cities and towns...
Subchapter IV. Special Funds
§ 3161. Unemployment Compensation Fund. - There shall be a special fund, separate and apart from...
§ 3162. Administration of Unemployment Compensation Fund by State Treasurer. - (a) The State Treasurer shall be ex officio the treasurer...
§ 3163. Requisitions for payment of benefits; disposition of unclaimed or unpaid money. - Moneys shall be requisitioned from this State's account in the...
§ 3164. Unemployment Compensation Administration Fund. - (a) There shall be in the State Treasury a special...
§ 3165. Reimbursement of Administration Fund by State. - If any moneys received after June 30, 1941, from the...
§ 3166. Special Administration Fund. - (a) Creation. — There is created in the State Treasury...
Chapter 33. UNEMPLOYMENT COMPENSATION
§ 3301. Declaration of public policy. - As a guide to the interpretation and application of this...
§ 3302. Definitions. - As used in this chapter, unless the context clearly requires...
§ 3303. Fraternal benefit societies subject to assessment payments. - Section 6140 of Title 18 [repealed] shall not relieve the...
§ 3304. Day of filing; computation of time. - When any notice, report or other document is required to...
§ 3305. Termination of chapter upon amendment, repeal or declaration of unconstitutionality of federal Social Security Act; disposition of moneys. - This chapter is enacted as part of a national plan...
§ 3306. Reservation of power to amend or repeal chapter. - The General Assembly reserves the right to amend or repeal...
§ 3307. Required employee background checks. - (a) All prospective employees, contractors, and any subcontractors thereof, of...
Subchapter II. Compensation Benefits; Determination and Payment
§ 3311. Extent of benefits; liability of State or Department. - Benefits shall be due and payable under this chapter only...
§ 3312. Benefit payments under regulations of Department. - All benefits shall be paid through employment offices, in accordance...
§ 3313. Wages defined; weekly benefit amount; total annual amount of benefits; child support obligations. - (a) As used in this section “wages” means wages for...
§ 3314. Disqualification for benefits. - An individual shall be disqualified for benefits: (1) For the...
§ 3315. Eligibility for benefits. - An unemployed individual shall be eligible to receive benefits with...
§ 3316. Seasonal employment; benefit requirements. - (a) In the case of a claimant whose base period...
§ 3317. Filing of claim for benefit; regulations of Department; posting [For application of this section, see 79 Del. Laws, c. 82, § 2]. - (a) Claims for benefits shall be made in accordance with...
§ 3318. Decision on claim by deputy; notice; appeal. - (a) If the last employer timely files a completed separation...
§ 3319. Appointment, organization, disqualification and compensation of appeal tribunals. - To hear and decide disputed claims, protests under § 3368(e)...
§ 3320. Review. - (a) The Unemployment Insurance Appeal Board [UIAB] may on its...
§ 3321. Procedure on review; record of proceedings. - (a) The manner in which disputed claims shall be presented...
§ 3322. Finality of Board's decision; duty to exhaust administrative remedies; position of Department in judicial review. - (a) Any decision of the Unemployment Insurance Appeal Board shall...
§ 3323. Judicial review; procedure. - (a) Within 10 days after the decision of the Unemployment...
§ 3324. Witness fees. - Witnesses subpoenaed pursuant to this subchapter shall be allowed fees...
§ 3325. Recoupment of overpayments of benefits. - (a) If it is finally determined that an individual received...
§ 3326. Extended benefits. - (a) As used in this section, unless the context clearly...
§ 3327. Employment by a temporary help firm. - (a) For the purposes of this section, “temporary help firm”...
§ 3328. Self-Employment Assistance Program. - (a) As used in this section: (1) “Self-employment assistance activities”...
§ 3329. Voluntary withholding of federal income tax from benefits. - (a) An individual filing a new claim for unemployment insurance...
Subchapter III. Employer’s Coverage and Assessments
§ 3341. Period of employer's coverage. - Any employing unit which is or becomes an employer subject...
§ 3342. Termination of employer's coverage. - Except as otherwise provided in § 3343 of this title,...
§ 3343. Election of employer to be covered by this chapter. - (a) An employing unit, not otherwise subject to this chapter,...
§ 3344. Determination of liability of employer for assessments; administrative and judicial review; time limits. - (a) The Department may delegate to a suitable employee of...
§ 3345. Payment of employer's assessments. - (a) Assessments shall accrue and become payable by each employer...
§ 3346. Deductibility of employer's assessments from employee's wages. - Assessments payable by the employer under this chapter shall not...
§ 3347. Fractions of a cent. - In the payment of any assessments, a fractional part of...
§ 3348. Average employer assessment rate; average industry assessment rate; average construction industry assessment rate; new employer rate; standard rate of assessment. - (a) On or before December 31 of each year, the...
§ 3349. General limitations on reduction of new employer rate. - (a) For the purpose of this section: (1) “Computation date”...
§ 3350. Variations from new employer rate. - Prior to the calendar year 1954, each employer's rate for...
§ 3351. Assessment rates after termination of employer's military service. - If the Department finds that an employer's business is closed...
§ 3352. Joint accounts of employers. - The Department may prescribe regulations for the establishment, maintenance and...
§ 3353. Transfers of experience and assignment of rates. - Notwithstanding any other provision of law, the following shall apply...
§ 3354. Notice of determination of rate of assessments; administrative and judicial review; time limits. - (a) The Department shall promptly notify each employer of the...
§ 3355. Notice to employers of benefits paid and status of accounts; employer applications for review and redetermination of benefit wages charged to their experience merit rating accounts (relief from charges). - (a) The Department shall provide quarterly notification to base period...
§ 3356. Effect of amendment of Federal Unemployment Tax Act. - If the Federal Unemployment Tax Act [26 U.S.C. § 3301...
§ 3357. Interest on past-due assessments and reimbursement payments in lieu of assessments. - Assessments and reimbursement payments in lieu of assessments which remain...
§ 3358. Civil actions for collection of assessments and interest. - If, after due notice, any employer defaults in any payment...
§ 3359. Assessment of employer's liability upon neglect or refusal to make assessment report; protest and hearing. - If any employing unit neglects or refuses to make any...
§ 3360. Assessments, penalties and interest as debt to Fund; reduction to judgment; other means of collection. - (a) The assessments, penalties and interest due from the employer...
§ 3361. Special procedure to obtain judgment; notice and lien of judgment; judicial review. - (a) As an additional or alternative remedy the Department may...
§ 3362. Acquisition of business or assets of another employing unit; liability for debt of predecessor. - Whenever any employing unit acquires the organization, trade or business...
§ 3363. Priority of claim for employer's assessments upon insolvency or other distribution of employer's assets. - In the event of any distribution of an employer's assets...
§ 3364. Compromise of claims. - The Director of Unemployment Insurance may authorize the compromise of...
§ 3365. Adjustments and refunds. - (a) If not later than 4 years after the date...
§ 3366. Order of crediting payments on account. - Any payment on account by an employer on assessments, interest...
§ 3367. Jeopardy assessments. - If the Secretary of Labor of the State has reason...
§ 3368. Execution of judgments. - (a) In general. — If an employer liable to pay...
§ 3369. Professional and occupational licenses; denial or suspension. - (a) Definitions. — As used in this section: (1) “Debt”...
Subchapter IV. Protection of Employees’ Rights and Benefits
§ 3371. Waiver or release of benefits; agreement by employee to pay assessments; penalties. - (a) Any agreement by an individual to waive, release or...
§ 3372. Limitation of fees charged by Department or court; penalties. - (a) No employer or individual claiming benefits shall be charged...
§ 3373. Right to representation; limitation on fee; penalties. - (a) Any individual claiming benefits in any proceeding before the...
§ 3374. Assignment, pledge or encumbrance of benefits. - Any assignment, pledge or encumbrance of any rights to benefits...
Subchapter V. Penalties
§ 3381. False statements of employees; jurisdiction; penalty. - (a) Whoever makes a false statement or representation knowing it...
§ 3382. Violations by employing units; penalties. - Any employing unit or any officer or agent of an...
§ 3383. Violations of orders, rules or regulations; penalties. - Whoever wilfully violates this chapter or any order, rule or...
§ 3384. Receipt of benefits by misrepresentation. - Whoever, by reason of the nondisclosure or misrepresentation by that...
Subchapter VI. Temporary Emergency Employer Assessment
§ 3391. Payment of interest on federal loans. - (a) In addition to all other assessments due under this...
Subchapter VII. Repayment of State Funds
§ 3392. Repayment of state funds loaned to repay loans from the federal government to the Unemployment Insurance Trust Fund. - The Department shall be permitted to borrow funds from the...
Chapter 34. COUNSELING, TRAINING AND PLACEMENT ACTIVITIES
§ 3401. Determination and collection of special assessment. - (a) In addition to all other payments to the State...
§ 3402. Disbursement of special assessment funds. - (a) All moneys collected under this chapter shall be deposited...
§ 3403. Summer Youth Employment Program. - (a) There is hereby established within the Division of Employment...
§ 3404. Focus on Alternative Skills Training Program [Effective until Sept. 30, 2023]. - (a) This section establishes the Focus on Alternative Skills Training...
§ 3405. Elevate Delaware. - (a) For purposes of this section: (1) “Auxiliary expenses” means...
Chapter 35. WORKPLACE FRAUD ACT
§ 3501. Definitions. - (a) As used in this chapter: (1) “Construction services” includes,...
§ 3502. Application. - This chapter applies only to the construction services industry.
§ 3503. Acts prohibited. - (a) An employer must not act as a labor broker...
§ 3504. Duties of the Department. - (a) The Department shall administer and enforce this chapter. (b)...
§ 3505. Penalties. - (a) Any employer who violates or fails to comply with...
§ 3506. Provisions of law may not be waived by agreement. - Except as provided in this chapter, no provision of this...
§ 3507. Department collaboration with other state agencies. - As authorized by state and federal law, divisions within the...
§ 3508. Cause of action by employees or other individuals for violations of certain provisions of this chapter. - (a) An employee or other individual who alleges a violation...
§ 3509. Retaliation prohibited. - (a) An employer may not discriminate in any manner or...
§ 3510. Provisions relating to contracts with public bodies. - (a) Where, after investigation, the Department determines that an employer...
§ 3511. Employer record-keeping requirements. - (a) An employer shall keep, for at least 3 years,...
§ 3512. Regulations. - The Department shall have the power to make and revise...
§ 3513. Distribution of proceeds from civil penalties obtained pursuant to this chapter. - All civil penalties and other revenue collected pursuant to this...
§ 3514. Public posting of violators. - The Department shall post, on its website, a list of...
§ 3515. Short title. - This chapter shall be known as the “Workplace Fraud Act.
Chapter 36. Delaware Contractor Registration Act
§ 3601. Short title. - This chapter may be known and cited as the “Delaware...
§ 3602. . . Definitions. - For purposes of this chapter: (1) “Contractor” means a person,...
§ 3603. Administration and enforcement. - The Office of Contractor Registration in the Department shall administer...
§ 3604. Registration required. - A contractor must register under this chapter before performing construction...
§ 3605. Registration requirements. - (a) To register under this chapter, a contractor shall submit...
§ 3606. Issuance and term of a certificate of registration. - (a) Except as provided under § 3607 of this title,...
§ 3607. Denial, suspension, or revocation of certificate of registration. - (a) The Department may deny, suspend, or revoke a certificate...
§ 3608. Appeals. - (a) Following an investigation in which the Department makes an...
§ 3609. Penalties. - (a) A knowing violation of this chapter is subject to...
§ 3610. Enforcement. - (a) The Department may bring a civil action to enforce...
§ 3611. Distribution of proceeds from fees and civil penalties. - (a) The Department shall retain all application fees collected under...
Chapter 37. Family and Medical Leave Insurance Program
§ 3701. Definitions. - For purposes of this chapter: (1) “Application year” means the...
§ 3702. Eligibility for benefits; serious health condition; certification or documentation of leave. - (a) Beginning 1 year after the start of contributions under...
§ 3703. Duration of benefits. - (a) A covered individual is eligible for a maximum of...
§ 3704. Amount of benefits. - (a) The amount of family and medical leave benefits is...
§ 3705. Contributions. - (a) Payroll contributions are authorized to finance the payment of...
§ 3706. Reduced leave schedule. - (a) A covered individual may take covered leave on an...
§ 3707. Leave and employment protection. - (a) A covered individual who exercises the covered individual's right...
§ 3708. Retaliatory personnel actions prohibited. - (a) It is unlawful for an employer or any other...
§ 3709. Coordination of benefits. - (a) (1) Covered leave that also qualifies as leave under...
§ 3710. Notice. - (a) An employer shall provide written notice to each employee...
§ 3711. Appeal. - (a) The process for review of a denial of family...
§ 3712. Erroneous payments; disqualification for benefits. - (a) A covered individual is disqualified from family and medical...
§ 3713. Family and Medical Leave Insurance Program. - (a) (1) By January 1, 2025, the Department shall establish...
§ 3714. Federal and state income tax. - The employer or an approved private plan under § 3716...
§ 3715. Family and Medical Leave Insurance Account Fund; establishment and investment. - (a) A special fund designated as the Family and Medical...
§ 3716. Private plans. - (a) (1) Except as provided under subsection (e) of this...
§ 3717. Small business opt-in. - (a) A small business may opt-in to provide parental leave...
§ 3718. Powers of the Department. - (a) The Department shall administer and enforce this chapter. (b)...
§ 3719. Penalties. - (a) An employer who violates or fails to comply with...
§ 3720. Regulations. - (a) The Department may adopt regulations as the Department deems...
§ 3721. Reports. - Beginning in 2027, the Department shall report to the General...
§ 3722. Public education. - (a) The Department shall conduct a public education campaign to...
§ 3723. Sharing technology. - The Department is encouraged to use Delaware data collection and...
§ 3724. Departmental report. - The Department shall, before July 1, 2029, submit a report...
Chapter 38. Delaware Expanding Access for Retirement and Necessary Saving Program [Effective upon fulfillment of 83 Del. Laws, c. 405, § 3]
§ 3801. Establishment; purposes [Effective upon fulfillment of 83 Del. Laws, c. 405, § 3]. - There is hereby established the Expanding Access for Retirement and...
§ 3802. Definitions [Effective upon fulfillment of 83 Del. Laws, c. 405, § 3]. - For purposes of this chapter: (1) “Board” means the Delaware...
§ 3804. The Program [Effective upon fulfillment of 83 Del. Laws, c. 405, § 3]. - The Program shall have such features as the Board in...
§ 3805. Compliance [Effective upon fulfillment of 83 Del. Laws, c. 405, § 3]. - (a) The Board shall have exclusive authority to ensure compliance...