The Department shall keep such suitable office as shall best meet the convenience of the Department and the public. The Department or its authorized representative may hold hearings at any place...
The Secretary of Labor may visit and inspect at any time any establishment in this State to ascertain whether any children are employed therein contrary to Chapter 5 of this title, and the...
The Department shall formulate and have printed certificates and papers required in the issuing of employment certificates and the abstracts of the law relating to the hours of child labor and...
(a) In addition to such other duties and powers which may be conferred upon it by law, the Department may: (1) Administer all labor laws in this State; (2) Direct to the attention of the...
(a) The Department may make, modify and repeal rules for the prevention of accidents or of industrial or occupational diseases in every employment or place of employment or such rules for the...
(a) The members of the Department and its authorized representatives may enter at reasonable times, so as not to unduly hinder the conduct of the business, any place of employment for the purpose...
The Department, and any officer of the Department designated by the Department, in the performance of any duty or the execution of any power prescribed by law, may administer oaths, certify to...
Any person whose interest is affected thereby may commence an action in the Superior Court of this State, in any of the 3 counties against the Department as defendant to determine the...
It is declared as the public policy of this State that the best interests of the people of the State are served by the prevention or prompt settlement of labor disputes; that strikes and lockouts...
(a) Upon the Secretary's own motion, in an existing, imminent or threatened labor dispute, the Secretary may, and, upon the request of the parties or either party to the dispute, the Secretary...
Nothing in this chapter shall be construed to interfere with, impede or diminish in any way the right of employees to strike or engage in other lawful concerted activities. ...
The Secretary may adopt, alter, amend or repeal such rules in connection with the voluntary mediation of labor disputes as may be necessary for the proper administration and enforcement of this...
Nothing contained in this chapter shall be construed as interfering with, impeding or diminishing in any way any right guaranteed by law or by the Constitution of the State or of the United...
It shall be the duty of the Attorney General of this State upon request of the Department of Labor, or any of its authorized representatives, to prosecute any violation of the law or of any rule...
Any person who violates or fails or refuses to comply with §§ 101-115, inclusive, of this title, or any lawful order of the Department or any judgment or decree made by any court in connection...
The Department may assist and cooperate with the Wage-Hour and Public Contracts Divisions and the United States Department of Labor, in the enforcement within this State of the Fair Labor...
It is declared to be the policy of this State to: (1) Encourage the development of an apprenticeship and training system through the voluntary cooperation of management and labor and interested...
(a) The Department shall carry out the purposes of this chapter and its duties and powers shall include, but shall not be limited to: (1) Establishing standards for apprenticeship in conformity...
This chapter shall apply only to persons, copartnerships, associations, corporations, political subdivisions, employer associations and organizations or associations of employees as voluntarily...
(a) The State Department of Labor shall develop and conduct employee training and registered apprenticeship programs, in cooperation with participating appointing authorities and the State...
This chapter shall apply to any place, establishment or occupation within this State where work is done for compensation of any kind, to whomever payable, except as otherwise specified in this...
As used in this chapter, the following words have the meanings indicated: (1) Minor means a person under the age of 18 years; (2) Employ, employed, or employment means to suffer or...
(a) The Secretary or the Secretary's authorized representative shall enforce the provisions of this chapter. (b) The Secretary or the Secretary's authorized representative may enter and inspect,...
(a) A minor shall not engage in employment unless the employer has in the employer's possession a verified and validated employment certificate for the minor. The employer shall keep the...
A minor under the age of 14 years shall not be employed or permitted to work. ...
(a) A minor under 16 years of age shall not be employed or permitted to work in, about or in connection with: (1) Any employment during the prescribed school day; (2) Any occupation...
(a) Except as provided in subsection (b) of this section, no child under 16 years of age shall be employed, permitted or suffered to work for compensation of any kind as a model, performer or...
(a) It is unlawful to interfere with or hinder the Department of Labor in the performance of its duties under this chapter, or knowingly to give false information to the Department of Labor. Any...
Repealed by 70 Del. Laws, c. 100, § 3, eff. June 26, 1995. ...
...
(a) No employer in this State shall knowingly pay any warrant or order due any person for borrowed money where more than the lawful rate of interest has been received or charged for the money...
(a) It shall be unlawful for any person, firm or corporation, not directly involved in a labor strike or lockout, to recruit any person or persons for employment or to secure or offer to secure...
(a) As used in this section, person includes any individual, corporation, partnership, firm, association and the State or any agency or political subdivision thereof, except as noted in...
(a) As used in this section, employer includes any individual, corporation, partnership, firm or association with a place of business in Delaware and the State of Delaware or any agency or...
(a) Notwithstanding any other provisions of this Code, no merger, consolidation, sale of assets or business combination shall result in the termination or impairment of the provisions of any labor...
(a) An employer must allow an employee an unpaid meal break of at least 30 consecutive minutes, if the employee works 7 1/2 or more consecutive hours. The meal break must be given some time after...
(a) An employer or any person employed by the employer who discloses information about a current or former employee's job performance to a prospective employer is presumed to be acting in good...
For the purposes of this subchapter: (1) Age as used in this subchapter includes only persons between the ages of 40 and 70. (2) Employee means an individual employed by an employer, but...
(a) It shall be an unlawful employment practice for an employer to: (1) Fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to...
(a) The Department of Labor is empowered, as hereinafter provided, to prevent any person from engaging in any unlawful employment practice as set forth in §§ 711, 723 and 724 of this title. (b)...
(a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights...
(a) For the purposes of any investigation of a charge filed under the authority contained in § 712 of this title, the Department shall have authority to subpoena and examine witnesses under oath...
(a) Every employer, employment agency and labor organization, as the case may be, shall post and keep posted in conspicuous places upon its premises where notices to employees, applicants for...
Nothing contained in this subchapter or subchapter III of this chapter shall be construed to repeal or modify any state or local law creating special rights or preference for veterans. ...
(a) Any employer who shall violate the provisions of this subchapter or subchapter III shall be fined not less than $ 1,000 nor more than $ 5,000 for each violation, in addition to any liability...
(a) This subchapter is intended to encourage and enable qualified handicapped persons to engage in remunerative employment which is sought by them in good faith. The General Assembly finds that...
As used in this subchapter, unless the context otherwise requires: (1) The terms person, employee, employment agency, labor organizations, Secretary and review board are defined in...
(a) A qualified handicapped person requesting a reasonable accommodation in a good-faith effort to seek an employment opportunity must apprise the employer, employment agency or labor organization...
(a) Employer prohibitions. -- It shall be an unlawful employment practice for an employer because of handicap to: (1) Fail or refuse to hire, recruit or promote a qualified...
In defense of any action to enforce § 724 of this title a respondent may assert affirmative defenses, including, but not limited to, the following: (1) Despite reasonable accommodation, a...
(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...
The Secretary shall adopt such rules and regulations as may be necessary and proper to implement the policies of this subchapter. ...
This subchapter may be cited as the Right to Inspect Personnel Files Act. ...
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...
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...
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...
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...
(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...
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...
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...
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...
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...
As used in this chapter: (1) Department means the Department of Labor or its authorized representatives. (2) Wage means compensation due to an employee by reason of the employee's...
(a) Every employer shall pay wages of a rate of not less than $ 5.65 per our effective May 1, 1999 and $ 6.15 per hour effective October 1, 2000 to every employee in any occupation, except as may...
(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...
(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...
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 individuals whose earning...
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...
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) 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...
(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...
(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...
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...
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...
This chapter shall be known as the Minimum Wage Act of the State. ...
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1)...
(a) The sheltered workshop shall certify the eligibility of individuals for participation in an extended employment program under this chapter immediately upon cessation of third party...
(a) The Department shall have the authority to enter into a contract with sheltered workshops for the purpose of providing an extended employment program. (b) The Department shall approve a method...
The Department is authorized to apply for whatever federal grants may become available from time to time in order to carry out the purposes of this chapter. ...
The Department shall have the power to make and revise and rescind such regulations as it may deem necessary or appropriate to administer and implement this chapter. Such regulations shall, except...
(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...
(a) Whenever an employee quits, resigns, is discharged, suspended or laid off, the wages earned by the employee shall become due and payable by the employer on the next regularly scheduled...
(a) In case of a dispute over the amount of wages, the employer shall pay without condition and within the time set by this chapter all wages or parts thereof conceded by the employer to be due,...
Whenever any person shall contract with another for the performance of any work which the contracting person has undertaken to perform, the person shall become civilly liable to employees engaged...
(a) In the event of the death of an employee the wages due the employee by an employer not in excess of $ 300 may, upon proper demand, be paid in the absence of actual notice of the pendency of...
No employer may withhold or divert any portion of an employee's wages unless: (1) The employer is required or empowered to do so by state or federal law; or (2) The deductions are for...
(a) No employees shall be paid a wage at a rate less than the rate at which an employee of the opposite sex in the same establishment is paid for equal work on a job the performance of which...
It shall be the duty of every employer of over 3 employees to: (1) Notify each employee in writing, at the time of hiring, of the rate of pay and of the day, hour and place of payment; (2)...
(a) Any employer who is party to an agreement to pay or provide benefits or wage supplements to any employee shall pay the amount or amounts necessary to provide such benefits or furnish such...
Except as provided in this chapter, no provision of this chapter may in any way be contravened or set aside by private agreement. ...
(a) Any employer who violates or fails to comply with any requirement of this chapter or any regulation published thereunder shall be deemed in violation of this chapter and shall be subject to a...
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...
This chapter shall be known as the Wage Payment and Collection Act of the State. ...
It is the declared policy of the State and the purpose of this chapter to promote harmonious and cooperative relationships between public employers and their employees and to protect the public by...
(a) Appropriate bargaining unit or bargaining unit means a group of public employees designated by the Public Employment Relations Board as appropriate for representation by an employee...
Public employees shall have the right to: (1) Organize, form, join or assist any employee organization except to the extent that such right may be affected by a collectively bargained agreement...
(a) The employee organization designated or selected for the purpose of collective bargaining by the majority of the employees in an appropriate collective bargaining unit shall be the exclusive...
A public employer is not required to engage in collective bargaining on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the...
The Board, established by § 4006 of Title 14, known as the Public Employment Relations Board, shall be empowered to administer this chapter under the rules and regulations which it shall adopt...
(a) It is an unfair labor practice for a public employer or its designated representative to do any of the following: (1) Interfere with, restrain or coerce any employee in or because of the...
(a) The Board is empowered and directed to prevent any unfair labor practice described in § 1307 (a) and (b) of this title and to issue appropriate remedial orders. Whenever it is charged that...
(a) Any party adversely affected by a decision of the Board under § 1308 or § 1315 of this title may appeal that decision to the Chancery Court of this State. Such an appeal must be filed within...
(a) An employee organization desiring to be certified as the exclusive representative shall file a petition with the Board, accompanied by the uncoerced signatures of at least 30 percent of the...
Every employee organization which has or seeks recognition as a representative of public employees under this chapter shall file with the Board a registration report, signed by its president or...
(a) Collective bargaining shall commence at least 90 days prior to the expiration date of any current collective bargaining agreement or in the case of a newly certified exclusive representative...
(a) If, after a reasonable period of negotiations over the terms of an agreement or after a reasonable time following certification of an exclusive representative, no agreement has been signed,...
(a) Within 7 working days of receipt of a petition or recommendation to initiate binding interest arbitration, the Board shall make a determination, with or without a formal hearing, as to whether...
(a) No public employee shall strike while in the performance of official duties. (b) No public employee shall be entitled to any daily pay, wages, reimbursement of expenses, benefits or any...
(a) Chancery Court is vested with the authority to hear and determine all actions alleging violations of § 1316 of this title. Suits to enjoin violations of § 1316 of this title will have priority...
(a) Where the provisions of a collective bargaining agreement so provide, a public employer shall deduct a fair share fee from each nonmember's salary or wages and promptly transmit this amount to...
(a) If an employer of migratory or seasonal agricultural labor enters into a contract or agreement with an independent farm labor contractor engaging in interstate recruitment of farm labor as...
It is the declared policy of the State and the purpose of this chapter to promote harmonious and cooperative relationships between public employers and their employees, employed as police officers...
(a) Appropriate bargaining unit or bargaining unit means a group of police officers or firefighters designated by the Public Employment Relations Board as appropriate for representation by an...
Employees shall have the right to: (1) Organize, form, join or assist any employee organization, provided that membership in, or an obligation to pay any dues, fees, assessments or other...
(a) The employee organization designated or selected for the purpose of collective bargaining by the majority of the employees in an appropriate collective bargaining unit shall be the exclusive...
The Board, established by § 4006 of Title 14, known as the Public Employment Relations Board, shall be empowered to administer this chapter under rules and regulations which it shall adopt and...
(a) It is an unfair labor practice for a public employer or its designated representative to do any of the following: (1) Interfere with, restrain or coerce any employee in or because of the...
(a) The Public Employment Relations Board is empowered and directed to prevent any unfair labor practice described in § 1607(a) and (b) of this title and to issue appropriate remedial orders....
(a) Any person or party adversely affected by a decision of the Board under § 1608 or § 1615 of this title may appeal that decision to the Chancery Court of this State. Such an appeal must be...
(a) An employee organization desiring to be certified as the exclusive representative shall file a petition with the Board, accompanied by the uncoerced signatures of at least 30 percent of the...
(a) Any employee organization seeking certification as exclusive representative in a designated appropriate bargaining unit shall file a petition with the Board. The petition must contain the...
(a) Collective bargaining shall commence at least 90 days prior to the expiration date of any current collective bargaining agreement or, in the case of a newly-certified exclusive representative,...
(a) If, after a reasonable period of negotiations over the terms of an agreement or after a reasonable time following certification of an exclusive representative, no agreement has been signed,...
(a) Within 7 working days of receipt of a petition or recommendation to initiate binding interest arbitration, the Board shall make a determination, with or without a formal hearing, as to whether...
(a) No public employee shall strike while in the performance of the public employee's official duties. (b) No public employee shall be entitled to any daily pay, wages, reimbursement of expenses,...
(a) Chancery Court is vested with the authority to hear and determine all actions alleging violation of § 1616 of this title. Suits to enjoin violations of § 1616 of this title will have priority...
An employee organization that has been certified as the exclusive representative of a bargaining unit deemed to be appropriate prior to the effective date of this chapter shall so continue without...
The employer of a firefighter or member of a rescue squad shall not be required to pay a firefighter or member overtime compensation: (1) When the firefighter or member volunteered their...
No employer may require directly or indirectly an employee who is a firefighter or member of a rescue squad to volunteer the employee's firefighting or rescue squad services during any period in...
Repealed by 71 Del. Laws, c. 84, § 1, eff. Dec. 24, 1997. ...
Repealed by 71 Del. Laws, c. 84, § 1, eff. Dec. 24, 1997. ...
As used in this chapter: (1) Board means the Industrial Accident Board. (2) Child includes stepchildren and adopted children and children to whom the deceased stood in loco parentis if...
(a) There is hereby created within the Department of Labor the full-time position of hearing officer. With respect to cases arising under Part II of this title, the hearing officers shall have:...
There is hereby created within the Department of Labor the classified full-time position of workers' compensation specialist. The specialist shall assist unrepresented injured employees by...
(a) The General Assembly intends for the Industrial Accident Board and the hearing officers thereof to manage its caseload in a manner which recognizes the importance of determining matters before...
(a) The term wages means the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the accident. It does not include gratuities received...
(a) If an employee, while working outside the territorial limits of this State, suffers an injury on account of which the employee, or in the event of the employee's death the employee's...
Every employer and employee, adult and minor, except as expressly excluded in this chapter, shall be bound by this chapter respectively to pay and to accept compensation for personal injury or...
(a) Except as otherwise indicated, this chapter shall apply to the employer and employee in any employment in which 1 or more employees are engaged. (b) In all cases where an employer not subject...
(a) This chapter shall not apply to any person employed as a household worker in a private home or household who earns less than $ 750 in cash in any 3-month period from a single private home or...
(a) Executive officers of covered employers are included within this chapter; provided, however, that as many as 8 officers who are stockholders of a corporation may be exempted from this chapter...
This chapter shall not apply to the State, any governmental agency created by it, each county, city, town, township, incorporated village, school district, sewer district, drainage district,...
This chapter shall not apply to employees injured or killed while engaged in interstate or foreign commerce or to their employers whenever the laws of the United States provide for compensation or...
(a) No contractor or subcontractor shall receive compensation under this chapter, but shall be deemed to be an employer and all rights of compensation of the employees of any such contractor or...
(a) Every employer to whom this chapter applies shall keep a record of all injuries, fatal or otherwise, received by employees in the course of their employment. Within 10 days after knowledge of...
In any action instituted by any person to recover damages for personal injury sustained by an employee by accident arising out of and in the course of employment within this State or for death...
The right to receive compensation under this chapter shall not be affected by the fact that a minor is employed or is permitted to be employed in violation of the laws of the State relating to...
(a) This chapter shall not apply to licensed real estate salespersons or licensed associate real estate brokers who are affiliated with a licensed real estate broker under a written contract...
(a) For purposes of this chapter, HAZMAT team members shall be treated as State employees so long as the State elects to be covered by application of this chapter. (b) The wage of HAZMAT team...
At the request of any party, subpoenas shall be issued under authority of the Department of Labor. The party requesting the subpoena shall obtain a blank subpoena from the Department and shall...
Permanent injury relating to hearing or vision loss, surgical, medical and hospital services, medicines and supplies, and funeral benefits shall be paid from the 1st day of injury. Beginning with...
(a) During the period of disability the employer shall furnish reasonable surgical, medical, dental, optometric, chiropractic and hospital services, medicine and supplies, including repairing...
Any employee who alleges an industrial injury shall have the right to employ a physician, surgeon, dentist, optometrist or chiropractor of the employee's own choosing. Notice of the employee's...
For injuries resulting in total disability occurring after July 1, 1975, the compensation to be paid during the continuance of total disability shall be 662/3% of the wages of the injured...
For injuries resulting in partial disability for work, except the particular cases mentioned in subsections (a)-(g) of § 2326 of this title, the compensation to be paid shall be 662/3 percent of...
(a) For all permanent injuries of the following classes, the compensation to be paid regardless of the earning power of the injured employee after the injury shall be as follows: For...
The compensation payable for death or disability total in character and permanent in quality resulting from an occupational disease shall be the same in amount and duration and shall be payable in...
Whenever any disability from which any employee is suffering following the contraction of a compensable occupational disease is due in part to such occupational disease and in part to a...
(a) In case of death, compensation shall be computed on the following basis and distributed to the following persons: (1) To the child or children if there is no surviving spouse entitled to...
If death results from the injury, the employer shall pay the reasonable burial expenses of an injured employee, not exceeding $ 3,500, but without deduction of any amount theretofore paid for...
Should the employee die as a result of the injury, no reduction shall be made for the amount paid for medical, surgical, dental, optometric, chiropractic or hospital services and medicines nor for...
(a) Compensation under this chapter to alien dependent surviving spouses and children not residents of the United States shall be one half of the amount provided in each case for residents, and...
Unless the employer has actual knowledge of the occurrence of the injury or unless the employee, or someone on the employee's behalf, or some of the dependents, or someone on their behalf, gives...
Unless the employer during the continuance of the employment has actual knowledge that the employee has contracted a compensable occupational disease or unless the employee, or someone in the...
(a) After an injury, and during the period of resulting disability, the employee, if so requested by the employee's employer or ordered by the Board, shall submit the employee's own self for...
(a) If the employer and the injured employee, or the employee's dependents in case of the employee's death, reach an agreement in regard to compensation or other benefits in accordance with this...
If the employer and employee, or the employee's dependents in the case of the employee's death, fail to reach agreement in regard to compensation under this chapter, or if after they reach such an...
If any person charged with the payment of medical and other services and the provider to whom said payment is due fail to reach an agreement in regard to such charges, any interested party may...
(a) In all hearings before the Board, the Board shall make such inquiries and investigations as it deems necessary. Unless otherwise stipulated by counsel and approved by the Department, the...
An award of the Board, in the absence of fraud, shall be final and conclusive between the parties, except as provided in § 2347 of this title, unless within 30 days of the day the notice of the...
(a) The Superior Court shall have jurisdiction to hear and determine all appeals taken pursuant to this chapter. The Court may by proper rules prescribe the procedure to be followed in the case of...
(a) Upon the hearing of any appeal, the Court may appoint 1 or more impartial physicians or surgeons to examine the injuries of the claimant and to report thereon to the Court. The Court may fix...
Proceedings for compensation may be instituted by the surviving parent, guardian or next friend in the case of minors claiming to be entitled to compensation, and all notices thereafter shall be...
(a) If the employee refuses reasonable surgical, medical and hospital services, medicines and supplies tendered to the employee by the claimant's employer, the claimant shall forfeit all right to...
Except for attachments pursuant to child support orders entered under Chapters 4, 5 or 6 of Title 13, claims or payment for compensation due or to become due under this chapter shall not be...
The right of compensation granted by this chapter shall have the same preference or priority for the whole amount thereof against the assets of the employer allowed by law for unpaid wages for...
If default is made by the employer for 30 days after demand in the payment of any amount due under this chapter, the amount may be recovered in the same manner as claims for wages are collectible. ...
Upon application of either party, and on due notice to the other, the compensation contemplated by this chapter may be commuted by the Board at its present value when discounted at 5% interest,...
(a) At any time after the entry of the award or after the filing of the agreement for compensation, a sum equal to all future installments of compensation may by leave of the Board where death or...
(a) In case of personal injury, all claims for compensation shall be forever barred unless, within 2 years after the accident, the parties have agreed upon the compensation as provided in § 2344...
(a) An employer or its insurance carrier shall within 15 days after receipt of knowledge of a work-related injury notify the Department and the claimant in writing of: the date the notice of the...
(a) Where the injury for which compensation is payable under this chapter was caused under circumstances creating a legal liability in some person other than a natural person in the same employ or...
It shall be unlawful for any employer or the duly authorized agent of any employer to discharge or to retaliate or discriminate in any manner against an employee as to the employee's employment...
Every employer to whom this chapter applies shall insure the payment of compensation to the employees, or their dependents, in the manner provided in § 2372 of this title. While such insurance...
(a) Every employer to whom this chapter applies shall insure and keep insured the employer's liability for compensation in some corporation, association or organization approved by the Department...
(a) Every employer to whom this chapter applies shall file with the Department in form prescribed by it, annually or as often as may be required by the Department, evidence of the employer's...
Whenever an employer has complied with § 2372 of this title relating to self-insurance, the Department shall issue to such employer a certificate which shall remain in force for a period fixed by...
For the purpose of complying with § 2372 of this title, groups of employers may form mutual insurance associations under the laws of this State, subject to such reasonable conditions and...
(a) Subject to the approval of the Department, any employer may enter into or continue any agreement with employees to provide a system of compensation, benefit or insurance in lieu of the...
(a) All policies insuring the payment of compensation under this chapter shall contain a clause to the effect that as between the employee and the insured the notice to or knowledge of the...
Repealed by 71 Del. Laws, c. 84, § 31, eff. Dec. 24, 1997. ...
(a) If any insurance corporation, mutual association or company, interinsurance exchange or self-insurer: (1) Violates this chapter; or (2) Neglects or refuses to comply with this chapter;...
(a) For the privilege of carrying on the business of workers' compensation insurance in this State, every insurance carrier shall pay the taxes imposed under the Insurance Code, and every employer...
(a) For the purpose of securing to the State the moneys necessary for paying the salaries and necessary expenses of the State in administering and carrying out Part II of this title relating to...
Whenever any officer of the State is required to give any notice to an insurance carrier subject to Part II of this title, it may be given by personal delivery or by mailed certified letter...
(a) The Workers' Compensation Fund is created for the purpose of making payments under § 2327, § 2334, or § 2347 of this title by any insurance carrier. (b) The Department shall perform the...
Repealed by 71 Del. Laws, c. 84, § 24, eff. Dec. 24, 1997. ...
(a) The Employment Security Commission of Delaware, renamed the Unemployment Insurance Appeal Board (hereinafter referred to as the Board), is continued. It shall consist of 5 members to be...
The Governor may at any time, after notice and hearing, remove any Board member for gross inefficiency, neglect of duty, malfeasance, misfeasance or nonfeasance in office. ...
The Board shall have a Chairperson who shall be designated by the Governor from among its members. Whenever the term of the Chairperson expires or whenever there is a vacancy in such office for...
The Chairperson of the Board shall be paid a salary of $ 13,000 per year. Each of the other members of the Board shall be paid a salary of $ 10,000 per year and shall devote to the duties of their...
The Board may designate a suitable employee to act as Secretary of the Board. ...
(a) There is hereby established the Unemployment Compensation Advisory Council. (b) The Unemployment Compensation Advisory Council shall serve in an advisory capacity to the Director of...
The Department of Labor, hereinafter referred to in this chapter as the Department, shall take all appropriate steps to: (1) Reduce and prevent unemployment; (2) Encourage and assist in the...
Whenever the Department believes that a change in assessment or benefit rates will become necessary to protect the solvency of the Fund, it shall promptly so inform the Governor and the General...
The Department shall cause to be printed for distribution to the public the text of this part, its regulations and general and special rules, its annual reports to the Governor and any other...
In the discharge of the duties imposed by this part, the members of the Department, the chairperson of an appeal tribunal and any duly authorized representative of either of them may administer...
(a) In case of contumacy by, or refusal to obey a subpoena issued to, any person, any court of this State within the jurisdiction of which the inquiry is carried on or within the jurisdiction of...
No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda and other records before the Department, the chairperson of an appeal tribunal...
(a) The Department may enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the federal government or both whereby: (1) Services performed by...
All moneys received by this State under the Wagner-Peyser Act [
The Department, in conducting the employment service, shall promote and develop an employment office or system of employment offices, in order: (1) That employers seeking workers and the...
The Department shall cooperate with the counties, cities and towns of the State and shall require such local cooperation as it deems necessary to carry out this subchapter. Any local funds granted...
(a) The State Treasurer shall be ex officio the treasurer and custodian of the Unemployment Compensation Fund. The Treasurer shall administer such Fund in accordance with the directions of the...
Moneys shall be requisitioned from this State's account in the Unemployment Trust Fund solely for the payment of benefits and/or self-employment assistance allowances and in accordance with...
(a) There shall be in the State Treasury a special fund to be known as the Unemployment Compensation Administration Fund. All moneys which are deposited or paid into this Fund shall be...
If any moneys received after June 30, 1941, from the Secretary of Labor of the United States under Title III of the Social Security Act [
(a) Creation. -- There is created in the State Treasury a special fund to be known as The Special Administration Fund of the Department of Labor. This Fund shall consist of: (1) All...
As a guide to the interpretation and application of this chapter, the public policy of this State is declared to be as follows: economic insecurity due to unemployment is a serious menace to the...
As used in this chapter, unless the context clearly requires otherwise, the following terms shall have the meanings designated in this section: (1) Assessments means the money payments to the...
Section 6140 of Title 18 shall not relieve the fraternal benefit societies mentioned in such § 6140 from the payment of the assessments required by this chapter. ...
When any notice, report or other document is required to be filed under this chapter and the same is forwarded by mail to the Department, the day of mailing shall be deemed to be the day of...
This chapter is enacted as part of a national plan of social security in conformity to the federal Social Security Act [
The General Assembly reserves the right to amend or repeal all or any part of this chapter at any time, and there shall be no vested private right of any kind against such amendment or repeal. All...
Benefits shall be due and payable under this chapter only to the extent provided in this chapter and to the extent that moneys are available therefor to the credit of the Unemployment Compensation...
(a) As used in this section wages means wages for employment by employers for benefit purposes with respect to any benefit year only if such benefit year begins subsequent to the date on which...
An unemployed individual shall be eligible to receive benefits with respect to any week only if the Department finds that the individual: (1) Has registered for work at and thereafter continued...
An individual shall be disqualified for benefits: (1) For the week in which the individual left work voluntarily without good cause attributable to such work and for each week thereafter until...
(a) In the case of a claimant whose base period earnings represent 75 percent or more earnings received for seasonal employment, benefits shall be payable in any benefit year in any given calendar...
(a) Claims for benefits shall be made in accordance with such regulations as the Department prescribes. Each employer shall post and maintain printed statements of such regulations in places...
(a) If the last employer timely files a completed separation notice in accordance with § 3317 of this title and the employer's statement on the separation notice does raise a potentially...
To hear and decide disputed claims the Department shall appoint 1 or more impartial appeal tribunals consisting in each case of either a salaried examiner, to be known as a referee, or a body...
The Unemployment Insurance Appeal Board may on its own motion affirm, modify or set aside any decision of an appeal tribunal on the basis of the evidence previously submitted in such case or...
(a) The manner in which disputed claims shall be presented and the conduct of hearings and appeals shall be in accordance with regulations prescribed by the Unemployment Insurance Appeal Board for...
(a) Any decision of the Unemployment Insurance Appeal Board shall become final 10 days after the date of notification or mailing thereof, and judicial review thereof as provided in this subchapter...
(a) Within 10 days after the decision of the Unemployment Insurance Appeal Board has become final, any party aggrieved thereby may secure judicial review thereof by commencing an action in the...
Witnesses subpoenaed pursuant to this subchapter shall be allowed fees at a rate fixed by the Unemployment Insurance Appeal Board. Such fees shall be a part of the expense of administering this...
(a) As used in this section, unless the context clearly requires otherwise: (1) Extended benefit period means a period which: a. Begins with the third week after the first week for...
(a) For the purposes of this section, temporary help firm means a firm that hires its own employees and assigns them to clients to support or supplement the client's work force in work...
(a) As used in this section: (1) Self-employment assistance activities means activities (including entrepreneurial training, business counseling and technical assistance) approved by the...
(a) An individual filing a new claim for unemployment insurance benefits shall, at the time of filing such claim, be advised that: (1) Unemployment insurance benefits are subject to federal,...
Except as otherwise provided in § 3343 of this title, an employing unit shall cease to be an employer subject to this chapter only as of the 1st day of January of any calendar year if it files...
(a) The Department may delegate to a suitable employee of the Department the power to make preliminary determinations on all questions relating to the liability of employing units for the...
(a) Assessments shall accrue and become payable by each employer for each calendar year in which the employer is subject to this chapter, with respect to wages for employment. Such assessments...
Assessments payable by the employer under this chapter shall not be deducted by the employer, in whole or in part, from the wages of individuals in such employer's employ. ...
In the payment of any assessments, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to 1 cent. ...
(a) For the purpose of this section: (1) Computation date means the 1st of October of any year. (2) Experience year means the 4 consecutive calendar quarter periods beginning on the 1st...
Prior to the calendar year 1954, each employer's rate for any calendar year shall be determined on the basis of the employer's record as of December 31 of the preceding calendar year. For the year...
If the Department finds that an employer's business is closed solely because of the entrance of 1 or more of the owners, officers, partners or the majority stockholder into the armed forces of the...
The Department may prescribe regulations for the establishment, maintenance and dissolution of joint accounts by 2 or more employers subject to assessments required by § 3345(a) of this title, and...
(a) The Department shall promptly notify each employer of the employer's rate of assessments as determined for any calendar year pursuant to this subchapter. (b) Such determination shall become...
If the Federal Unemployment Tax Act [
Assessments and reimbursement payments in lieu of assessments which remain unpaid on the date they are due and payable, as prescribed by the Department, shall bear interest, at a rate determined...
If any employing unit neglects or refuses to make any assessment report required by the rules and regulations of the Department for a period of 30 days after the date on which the assessment...
The assessments, penalties and interest due from the employer under this chapter, from the time they become due, shall be a debt of the employer to the Unemployment Compensation Fund and may be...
(a) As an additional or alternative remedy the Department may issue, under its seal and the hand of the Secretary of Labor of the State, to the Prothonotary of the Superior Court in and for any...
Whenever any employing unit acquires the organization, trade or business or substantially all the assets thereof of another employing unit which was an employer subject to this chapter, the...
In the event of any distribution of an employer's assets pursuant to an order of any court under the laws of this State, including any receivership, assignment for benefit of creditors,...
The Director of Unemployment Insurance may authorize the compromise of a claim for assessments, interest, and penalties due when the Department has determined that (1) the employer is unable to...
If the Secretary of Labor of the State has reason to believe that the collection of any assessments imposed under this title will be jeopardized in any case in which an employer is delinquent in...
(a) Any agreement by an individual to waive, release or commute the individual's rights to benefits or any other rights under this chapter shall be void. (b) Any agreement by any individual in the...
(a) No employer or individual claiming benefits shall be charged fees of any kind in any proceeding under this chapter by the Department or its representatives. No individual claiming benefits...
(a) Any individual claiming benefits in any proceeding before the Department or its representatives or a court may be represented by counsel or other duly authorized agent, but no such counsel or...
Whoever wilfully violates this chapter or any order, rule or regulation thereunder, the violation of which is made unlawful or the observance of which is required under the terms of this chapter,...
(a) In addition to all other assessments due under this chapter if, in any calendar year, the Department has an outstanding balance of interest accrued on advances from the federal government for...
(a) All moneys collected under this chapter shall be deposited in the Special Administration Fund of the Department of Labor and shall be dedicated to the establishment and implementation of...
(a) There is hereby established within the Division of Employment and Training a State Summer Youth Employment Program. Youths chosen for work under the Delaware State Summer Youth Employment...
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