Title 19, Labor

§ 911. Remedies of employees. (a) Any employer who pays any employee less than the full amount of the wages to which the employee is entitled under this chapter shall be liable to such employee in a civil action for the full amount of such wages less any amount actually paid to s…

§ 912. Relation to other laws. Any standards relating to minimum wages, maximum hours, overtime compensation or other working conditions in effect under any other law of this State on the effective date of this chapter which are more favorable to employees than those applicable t…

§ 913. Right of collective bargaining. Nothing in this chapter shall be deemed to interfere with, impede or in any way diminish the right of employees to bargain collectively with their employers through representatives of their own choosing in order to establish wages or other c…

§ 914. Short title. This chapter shall be known as the “Minimum Wage Act of the State.”19 Del. C. 1953, § 914; 55 Del. Laws, c. 18, § 1;

§ 1001. Definitions [Repealed].65 Del. Laws, c. 74, § 1; repealed by 83 Del. Laws, c. 254, § 3, effective Oct. 21, 2024.;

§ 1002. Eligibility of individuals for participation; client progress standards [Repealed].65 Del. Laws, c. 74, § 1; repealed by 83 Del. Laws, c. 254, § 3, effective Oct. 21, 2024.;

§ 1003. Financial assistance in extended employment [Repealed].65 Del. Laws, c. 74, § 1; repealed by 83 Del. Laws, c. 254, § 3, effective Oct. 21, 2024.;

§ 1004. Federal grants [Repealed].65 Del. Laws, c. 74, § 1; repealed by 83 Del. Laws, c. 254, § 3, effective Oct. 21, 2024.;

§ 1005. Regulations [Repealed].65 Del. Laws, c. 74, § 1; repealed by 83 Del. Laws, c. 254, § 3, effective Oct. 21, 2024.;

§ 1101. Definitions. (a) For purposes of this chapter: (1) “Check” means a draft drawn on a bank and payable on demand. (2) “Department” means the Department of Labor. (3) “Employ” means to suffer or permit to work. (4) “Employee” means a person suffered or permitted to work by a…

§ 1102. Payment of wages on regular paydays. (a) Every employer shall pay all wages due to the employer’s employees on regular paydays designated in advance by the employer, which shall be at least once during each calendar month, and in lawful money of the United States or check…

§ 1102A. Wage theft. (a) An employer may not do any of the following: (1) Employ an individual without reporting the individual’s employment to all appropriate government agencies and paying all applicable taxes and fees for the individual. (2) Fail to properly withhold state and…

§ 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, or laid off, the wages earned by the employee become due and payable by the employer on the later of the fo…

§ 1104. Unconditional payment of wages conceded to be due. (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, leaving to the employee al…

§ 1105. Prime contractor’s responsibility for wage payments. 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 in the performance of w…

§ 1106. Deceased employees. (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 probate proceedings without requiring letters testamentary …

§ 1107. Withholding of wages. 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 medical, surgical or hospital care or service, without financial b…

§ 1107A. Differential rate of pay based on gender prohibited. (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 requires equal skill, effor…

§ 1108. Duty of employer regarding notification, posting and records. 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) Notify each employee …

§ 1109. Benefits and wage supplements. (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 supplements within 30 days after such payments ar…

§ 1110. 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.19 Del. C. 1953, § 1110; 55 Del. Laws, c. 19, § 1; 56 Del. Laws, c. 442, § 1;

§ 1111. Powers of the Department. (a) The Department shall administer and enforce this chapter. (b) Upon ex parte application of the Department, showing reasonable ground to believe that any provision of this chapter or any regulation published thereunder has been or is being vio…

§ 1112. Penalties. (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 civil penalty of not less than $1,000 nor more than $5,000 for ea…

§ 1113. Remedies of employees. (a) A civil action to recover unpaid wages and liquidated damages may be maintained in any court of competent jurisdiction. (b) Whenever the Department determines that wages, as required under this chapter, have not been paid, the Department may bri…

§ 1114. 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 this chapter and such regulations shall, except as may be otherwise provided by the Department, take effect upo…

§ 1115. Short title. This chapter shall be known as the “Wage Payment and Collection Act of the State.”19 Del. C. 1953, § 1115; 55 Del. Laws, c. 19, § 1; 56 Del. Laws, c. 442, § 1;

§ 1301. Statement of policy. 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 assuring the orderly and uninterrupted operations and …

§ 1302. Definitions. (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 organization for purposes of collective bargaining. (b) “Binding inte…

§ 1303. Public employee rights. 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 requiring the payment of a service fee as a condition …

§ 1304. Employee organization as exclusive representative. (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 representative of all the …

§ 1305. Public employer rights. 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 functions and programs of the public employer, its stand…

§ 1306. Public Employment Relations Board. 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 and publish.69 Del. Laws, c. 466, § 1;

§ 1307. Unfair labor practices. (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 exercise of any right guaranteed under this chapter. (2) …

§ 1308. Disposition of complaints. (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 anyone has engaged or is engaging in any unfair pract…

§ 1309. Appeals; petitions for enforcement. (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 15 days of the date upon which the decisi…

§ 1310. Bargaining unit determination. (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% of the public employees in the unit claimed to be appropriate…

§ 1311. Determination and certification of exclusive representative. (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 uncoerced signature…

§ 1311A. Collective bargaining in the state service. (a) Notwithstanding any other provision in this Code, exclusive representatives of the state merit employees, who are in the classified service and not working in higher education, shall collectively bargain in the units as det…

§ 1311B. Majority verification procedure. (a) Notwithstanding any other provision of this section, an employee organization may file a petition with the Board requesting certification as the exclusive representative of an appropriate bargaining unit based on a verification that o…

§ 1312. Employee organizations required to register and submit annual reports. 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 other d…

§ 1313. Collective bargaining agreements. (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 within a reasonable time after certificatio…

§ 1314. Mediation. (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, the parties may voluntarily submit to mediation. If, however, no ag…

§ 1315. Binding interest arbitration. (a) Within 7 working days of receipt of a petition or recommendation to initiate binding arbitration, the Board shall make a determination, with or without a formal hearing, as to whether a good faith effort has been made by both parties to r…

§ 1316. Strikes prohibited. (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 consideration in lieu thereof, for the days on which the emplo…

§ 1317. Injunctions. (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 over all matters on the Court’s docket except other emergency …

§ 1318. Status of existing exclusive representative. An employee organization that has been certified as the exclusive representative of a bargaining unit deemed to be appropriate prior to September 23, 1994, shall so continue without the requirement of an election and certificat…