Title 19, Labor

§ 3127. Refusal to obey subpoena; penalty. (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 which the person guilty of contumacy or re…

§ 3128. Self-incrimination. 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 or any duly authorized representative of either of them o…

§ 3129. Representation of Department and State in civil and criminal actions. (a) In any civil action to enforce this part, the Department and the State may be represented by any qualified attorney who is employed by the Department and is designated for this purpose or at the Dep…

§ 3130. Cooperation with federal agencies. In the administration of this part, the Department shall cooperate with the United States Department of Labor to the fullest extent consistent with this part and shall take such action, through the adoption of appropriate rules, regulati…

§ 3131. Reciprocal arrangements with state or federal agencies. (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 an individual for a sing…

§ 3132. Authority to use federal grants; limitations. If § 303(a)(5) of Title III of the federal Social Security Act [42 U.S.C. § 503(a)(5)] and § 3304(a)(4) of the Internal Revenue Code [26 U.S.C. § 3304(a)(4)] are amended by the Congress of the United States to permit the Depar…

§ 3133. Authority to borrow federal funds. The Department is authorized to enter into such agreement as may be necessary to secure any advance or grant of funds by the Secretary of the Treasury of the United States in accordance with the authority extended under § 1201 of the fed…

§ 3151. Establishment and purpose; acceptance of Wagner-Peyser Act. The Delaware State Employment Service is continued under the jurisdiction and as a part of the Department of Labor. The Department, in the conduct of such Service, shall establish and maintain free public employm…

§ 3152. Administration of funds received under Wagner-Peyser Act; power of Department to enter into agreements and to accept contributions or reimbursement. All moneys received by this State under the Wagner-Peyser Act [29 U.S.C. § 49 et seq.] shall be paid into the Unemployment …

§ 3153. General functions and purposes. 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 unemployed without cost to either may be referred to …

§ 3154. Cooperation with local authorities. 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 for the cooperative maintenance of a lo…

§ 3161. Unemployment Compensation Fund. There shall be a special fund, separate and apart from all public moneys or funds of this State, to be known as the Unemployment Compensation Fund which shall be administered by the Department exclusively for the purposes of this part. This…

§ 3162. Administration of Unemployment Compensation Fund by State Treasurer. (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 Department…

§ 3163. Requisitions for payment of benefits; disposition of unclaimed or unpaid money. 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 re…

§ 3164. Unemployment Compensation Administration Fund. (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 continuously available to the Department…

§ 3165. Reimbursement of Administration Fund by State. 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 [42 U.S.C. § 501 et seq.] or any unencumbered balances in the Unemployment Compensation A…

§ 3166. Special Administration Fund. (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 interest and penalties collected under this part subsequent to…

§ 3301. Declaration of public policy. 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 health, morals and welfare of the people of thi…

§ 3302. Definitions. 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 State Unemployment Compensation Fund required by this chapter. (2…

§ 3303. Fraternal benefit societies subject to assessment payments. Section 6140 of Title 18 [repealed] shall not relieve the fraternal benefit societies mentioned in such § 6140 of Title 18 [repealed] from the payment of the assessments required by this chapter.41 Del. Laws, c. …

§ 3304. Day of filing; computation of time. 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 filing. When the day, or the last day, for doi…

§ 3305. Termination of chapter upon amendment, repeal or declaration of unconstitutionality of federal Social Security Act; disposition of moneys. This chapter is enacted as part of a national plan of social security in conformity to the federal Social Security Act [42 U.S.C. § 3…

§ 3306. Reservation of power to amend or repeal chapter. 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 the rights, privileges or …

§ 3307. Required employee background checks [Repealed].81 Del. Laws, c. 311, § 1; 84 Del. Laws, c. 63, § 1; repealed by 85 Del. Laws, c. 33, § 2, effective June 24, 2025.;

§ 3311. Extent of benefits; liability of State or Department. 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 Fund and neither the …

§ 3312. Benefit payments under regulations of Department. All benefits shall be paid through employment offices, in accordance with such regulations as the Department prescribes.41 Del. Laws, c. 258, § 3; 45 Del. Laws, c. 267, § 5; 19 Del. C. 1953, § 3312; 57 Del. Laws, c. 669, §…

§ 3313. Wages defined; weekly benefit amount; total annual amount of benefits; child support obligations. (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 …

§ 3314. Disqualification for benefits. 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 the individual has been employed in each of 4 su…

§ 3315. Eligibility for benefits. 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 to report at an employment office in accordance with…

§ 3316. Seasonal employment; benefit requirements. (a) In the case of a claimant whose base period earnings represent 75% or more earnings received for seasonal employment, benefits shall be payable in any benefit year in any given calendar month only if the claimant had been emp…

§ 3317. Filing of claim for benefit; regulations of Department; posting [For application of this section, see 79 Del. Laws, c. 82, § 2]. (a) Claims for benefits shall be made in accordance with such regulations as the Department prescribes. Each employer shall post and maintain p…

§ 3318. Decision on claim by deputy; notice; appeal. (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 disqualifying issue as to the reason for…

§ 3319. Appointment, organization, disqualification and compensation of appeal tribunals. To hear and decide disputed claims, protests under § 3368(e) of this title, disputed overpayments and overpayment waivers under § 3325 of this title, and hearings under § 3369 of this title,…

§ 3320. Review. (a) The Unemployment Insurance Appeal Board [UIAB] may on its own motion, affirm, modify, or reverse any decision of an appeal tribunal on the basis of the evidence previously submitted to the appeal tribunal or it may permit any of the parties to such decision to…

§ 3321. Procedure on review; record of proceedings. (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 determining the rights of the p…

§ 3322. Finality of Board’s decision; duty to exhaust administrative remedies; position of Department in judicial review. (a) Any decision of the Unemployment Insurance Appeal Board shall become final 15 days after the date of mailing or other delivery thereof, and judicial revie…

§ 3323. Judicial review; procedure. (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 Superior Court in the county in which the claimant …

§ 3324. Witness fees. 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 chapter.41 Del. Laws, c. 258, § 6; 19 Del. C. 1953, § 3324; 57 D…

§ 3325. Recoupment of overpayments of benefits [For application of this section, see 84 Del. Laws, c. 212, § 4]. (a) If it is finally determined that an individual received benefits under this chapter for which the individual was not entitled, the individual shall repay, in cash,…

§ 3326. Extended benefits. (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 which there is a state “on” indicator, and b. Ends with either of the …

§ 3327. Employment by a temporary help firm. (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 situations such as employee absences, temporary …

§ 3328. Self-Employment Assistance Program. (a) As used in this section: (1) “Self-employment assistance activities” means activities (including entrepreneurial training, business counseling and technical assistance) approved by the Secretary of Labor or the Secretary’s designee …

§ 3329. Voluntary withholding of federal income tax from benefits. (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, state and local income…

§ 3341. Period of employer’s coverage. Any employing unit which is or becomes an employer subject to this chapter within any calendar year shall be subject to this chapter during the whole of such calendar year.41 Del. Laws, c. 258, § 8; 19 Del. C. 1953, § 3341;

§ 3342. Termination of employer’s coverage. 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 January 1 of any calendar year if it files with the Department, prior to January 5 of such year, a …

§ 3343. Election of employer to be covered by this chapter. (a) An employing unit, not otherwise subject to this chapter, which files with the Department its written election to become an employer subject to this chapter for not less than 2 calendar years, shall, with the written…