Title 19 — Labor

§ 1701. Short title. This chapter may be cited as the “Delaware Whistleblowers’ Protection Act.”74 Del. Laws, c. 361, § 1;

§ 1702. Definitions. As used in this chapter: (1) “Employee” means a person employed full or part-time by any employer, and shall include, but not be limited to, at-will employees, contract employees, independent contractors, and volunteer firefighters as defined in § 6651(c) of …

§ 1703. Protection. An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee’s compensation, terms, conditions, location, or privileges of employment, including reporting or threatening to report an employee’s suspected or ac…

§ 1704. Relief and damages. (a) A person who alleges a violation of this chapter may bring a civil action for appropriate declaratory relief, or actual damages, or both within 3 years after the occurrence of the alleged violation of this chapter. (b) An action commenced pursuant …

§ 1705. Collective bargaining. This chapter shall not be construed to diminish or impair the rights of a person under any collective bargaining agreement.74 Del. Laws, c. 361, § 1;

§ 1706. Exemption. This chapter shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing or inquiry held by a public body in accordance with § 1703 of this title.74 Del. Laws, c. 361, § 1;

§ 1707. Notices requirement. An employer shall post notices and use other appropriate means to keep the employer’s employees informed of their protections and obligations under this chapter.74 Del. Laws, c. 361, § 1; 70 Del. Laws, c. 186, § 1;

§ 1708. Burden of proof. The burden of proof in any action brought under this chapter shall be upon the employee to show that the primary basis for the discharge, threats, or discrimination alleged to be in violation of this chapter was that the employee undertook an act protecte…

§ 1801. Short title. This chapter may be known and cited as the “Volunteer Emergency Responders Job Protection Act.”79 Del. Laws, c. 180, § 1;

§ 1802. Definitions. As used in this chapter, unless the context otherwise requires: (1) “Employer” means any person employing 10 or more employees; and (2) “Volunteer emergency responder” means a volunteer firefighter, a member of a ladies auxiliary of a volunteer fire company, …

§ 1803. Employer; prohibited acts. (a) No employer shall terminate, demote or take any other disciplinary action against any employee who is a volunteer emergency responder if: (1) Such employee, when acting as a volunteer emergency responder, is absent from the employee's place …

§ 1804. Employer; adjustments to wages authorized. An employer may subtract from an employee’s earned wages any time such employee is away from that employee's place of employment for reason described in § 1803 of this title.79 Del. Laws, c. 180, § 1; 70 Del. Laws, c. 186, § 1; 8…

§ 1805. Employee; duty to notify employer. An employee shall notify the employee's employer, in accordance with the existing policies of the employer if such policy exists, that the employee may be absent from the employee's place of employment upon the occurrence of an event des…

§ 1806. Employee; provide written statement; contents. (a) At an employer’s request, an employee, acting as a volunteer emergency responder, who is absent from that employee’s place of employment in order to respond to an emergency shall provide the employee’s employer, within 7 …

§ 1807. Wrongful termination of employment or disciplinary action; reinstatement; action to enforce act. An employee who is terminated or against whom any disciplinary action is taken in violation of this chapter shall be immediately reinstated to that employee’s former position,…

§ 1808. Substantially similar employment policies. The provisions of this chapter shall not apply to an employer if such employer has substantially similar policies or rules that provide the same or substantially similar protections as are afforded in this chapter to an employee …

§ 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;

§ 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 …

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 2001. Definitions [For application of this section, see 84 Del. Laws, c. 453, § 3]. For purposes of this chapter: (1) “Awarding authority” means a person that awards, enters into, or assumes a service contract or subcontract. (2) “Contractor” means a person, including a subcont…

§ 2002. Notice requirements; transition period [For application of this section, see 84 Del. Laws, c. 453, § 3]. (a) An awarding authority must comply with subsection (b) of this section before doing any of the following: (1) Terminating a service contract. (2) Contracting out se…

§ 2003. Penalties [For application of this section, see 84 Del. Laws, c. 453, § 3]. (a) A service employee who has been discharged or otherwise not retained in violation of this chapter may bring an action as follows: (1) Against the awarding authority, for any violation of § 200…

§ 2004. Offer of employment form letter [For application of this section, see 84 Del. Laws, c. 453, § 3]. The offer of employment to a service employee under § 2002(e) of this title must use the following form or be substantially similar to the following form: DATE: TO: [Name of …

§ 3401. Determination and collection of special assessment. (a) In addition to all other payments to the State due under this title, each employer liable for assessments under Chapter 33 of this title shall also be liable for a special assessment on all taxable wages as defined i…

§ 3402. Disbursement of special assessment funds. (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 programs to provide for the counseling,…

§ 3403. Summer Youth Employment Program. (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 Program shall not be less than 14 years of age …

§ 3404. Focus on Alternative Skills Training Program. (a) This section establishes the Focus on Alternative Skills Training Program (“FAST”) within the Division of Employment and Training. FAST provides tuition for an eligible individual for an approved nondegree credit certifica…

§ 3405. Elevate Delaware. (a) For purposes of this section: (1) “Auxiliary expenses” means basic living expenses or supplies necessary for the eligible program or employment upon completion of the eligible program. (2) “Eligible employer” means a person who has under 51 employees…

§ 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…

§ 3502. Application. This chapter applies only to the construction services industry.77 Del. Laws, c. 192, § 1;

§ 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…

§ 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 …

§ 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. …

§ 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;

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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…

§ 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;

§ 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…