Title 19 — Labor
26 chapters · 194 sections in this title.
19 Del. C. § 3501. Definitions.
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§ 3501. Definitions. (a) As used in this chapter: (1) “Construction services” includes, without limitation, all building or work on buildings, structures, and improvements of all types such as bridges, dams, plants, highways, parkways, streets, tunnels, sewers, mains, power lines…
19 Del. C. § 3502. Application.
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§ 3502. Application. This chapter applies only to the construction services industry.77 Del. Laws, c. 192, § 1;
19 Del. C. § 3503. Requirements; acts prohibited.
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§ 3503. Requirements; acts prohibited. (a) An employer must not act as a labor broker by improperly classifying an individual who performs work for remuneration provided by an employer as an independent contractor. (b) An employer has improperly classified an individual when an e…
19 Del. C. § 3504. Duties of the Department.
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§ 3504. Duties of the Department. (a) The Department shall administer and enforce this chapter. (b) The Department shall investigate, as necessary, to determine compliance with this chapter. (c) As part of the Department’s investigation, the Department is permitted to: (1) Enter …
19 Del. C. § 3505. Penalties.
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§ 3505. Penalties. (a) Any employer who violates or fails to comply with § 3503 of this title or any regulation published thereunder is in violation of § 3503 of this title, and is subject to a civil penalty of not less than $5,000, and not more than $20,000, for each violation. …
19 Del. C. § 3506. Provisions of law may not be waived by agreement.
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§ 3506. Provisions of law may not be waived by agreement. Except as provided in this chapter, no provision of this chapter may in any way be contravened or set aside by private agreement.77 Del. Laws, c. 192, § 1;
19 Del. C. § 3507. Department collaboration with other state agencies.
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§ 3507. Department collaboration with other state agencies. As authorized by state and federal law, divisions within the Department, the Division of Unemployment Insurance, the Office of Workers’ Compensation, the Department of Insurance, the Office of the Attorney General, the D…
19 Del. C. § 3508. Cause of action by employees or other individuals for violations of certain provisions of this chapter.
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§ 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 of § 3503 or § 3509 of this title must first notify the Department in writing and request an investigation b…
19 Del. C. § 3509. Retaliation prohibited.
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§ 3509. Retaliation prohibited. (a) An employer may not discriminate in any manner or take adverse action against any person because the person: (1) Files a complaint with the employer or the Department alleging that the employer violated any provision of this chapter or any regu…
19 Del. C. § 3510. Provisions relating to contracts with public bodies.
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§ 3510. Provisions relating to contracts with public bodies. (a) Where, after investigation, the Department determines that an employer engaged in work on a public works project is in violation of this chapter or regulations adopted pursuant to this chapter, the Department shall …
19 Del. C. § 3511. Employer record-keeping requirements.
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§ 3511. Employer record-keeping requirements. (a) An employer shall keep, for at least 3 years, in or about its place of business, records of the employer containing the following information: (1) The name, address, occupation, and classification of each employee or independent c…
19 Del. C. § 3512. Regulations.
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§ 3512. Regulations. 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 the provisions of this chapter and any such regulations shall, except as may be otherwise provided by the Depar…
19 Del. C. § 3513. Distribution of proceeds from civil penalties obtained pursuant to this chapter.
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§ 3513. Distribution of proceeds from civil penalties obtained pursuant to this chapter. All civil penalties and other revenue collected pursuant to this chapter shall be paid to the General Fund of the State.77 Del. Laws, c. 192, § 1;
19 Del. C. § 3514. Public posting of violators.
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§ 3514. Public posting of violators. The Department shall post, on its website, a list of employers who are the subject of a final determination or decision, including all appeals, that such employer has violated this chapter. The name of an employer who violates this chapter sha…
19 Del. C. § 3515. Short title.
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§ 3515. Short title. This chapter shall be known as the “Workplace Fraud Act.”77 Del. Laws, c. 192, § 1; 78 Del. Laws, c. 320, § 1;