Title 19 — Labor
26 chapters · 194 sections in this title.
19 Del. C. § 1901. Short title.
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§ 1901. Short title. This chapter shall be known and may be cited as the “Delaware Worker Adjustment and Retraining Notification Act.” 81 Del. Laws, c. 312, § 1;
19 Del. C. § 1902. Statement of purpose.
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§ 1902. Statement of purpose. This chapter is intended to direct employers that meet the qualifications of this chapter to provide at least 60 days’ advance notice to the Department of Labor Division of Employment and Training of mass layoffs, plant closings, or relocations. The …
19 Del. C. § 1903. Definitions.
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§ 1903. Definitions. (a) For purposes of this chapter: (1) “Affected employees” means employees who may reasonably be expected to experience an employment loss as a consequence of a proposed mass layoff, plant closing or relocation by their employer. (2) “Days” means calendar day…
19 Del. C. § 1904. Notice.
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§ 1904. Notice. (a) An employer may not order a mass layoff, plant closing, or relocation if the mass layoff, plant closing, or relocation will cause an employment loss unless, at least 60 days before the order takes effect, the employer gives written notice of the order to all o…
19 Del. C. § 1905. Exceptions.
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§ 1905. Exceptions. (a) In the case of a mass layoff, plant closing or relocation, an employer is not required to comply with the notice requirements of this chapter under any of the following circumstances: (1) a. At the time the notice would have been required, the employer was…
19 Del. C. § 1906. Extension of mass layoff period.
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§ 1906. Extension of mass layoff period. A mass layoff of more than 6 months which, at its outset, was announced to be a mass layoff of 6 months or less shall be treated as an employment loss under this chapter unless the following: (1) The extension beyond 6 months is caused by …
19 Del. C. § 1907. Determinations with respect to employment loss.
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§ 1907. Determinations with respect to employment loss. An employer must also give notice if the number of employment losses which occur during a 30-day period fails to meet the threshold requirement of a mass layoff or plant closing, but the number of employment losses of 2 or m…
19 Del. C. § 1908. Powers of the Secretary.
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§ 1908. Powers of the Secretary. (a) The Secretary shall prescribe such rules and regulations as may be necessary to carry out this chapter. The regulations shall, at a minimum, include provisions that allow the parties access to administrative hearings for any actions of the Dep…
19 Del. C. § 1909. Violation; liability.
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§ 1909. Violation; liability. (a) An employer who fails to give notice as required by this chapter before ordering a mass layoff, plant closing, or relocation if any of the above will cause an employment loss is liable to each employee entitled to notice who lost employment for t…
19 Del. C. § 1910. Civil penalty.
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§ 1910. Civil penalty. (a) An employer who fails to give notice as required by this chapter is subject to a civil penalty of $1,000 per day of violation or $100 per day of violation per dislocated worker, whichever is greater. The employer is not subject to a civil penalty under …
19 Del. C. § 1911. Other rights.
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§ 1911. Other rights. The rights and remedies provided to employees by this chapter are in addition to, and not in lieu of, any other contractual or statutory rights and remedies of the employees, and are not intended to alter or affect such rights and remedies, except that the p…