Title 19, Labor

§ 715. Judicial remedies; civil penalties. (a) Superior Court shall have jurisdiction over all proceedings brought by the charging party under § 714 of this title. Superior Court may excuse a charging party who has complied with the compulsory conciliation provisions of this chap…

§ 716. Posting of notices; penalties. (a) Every employer, employment agency and labor organization, as the case may be, shall post and keep posted in conspicuous places upon its premises where notices to employees, and applicants for employment are customarily posted, a notice to…

§ 717. Veterans’ special rights or preference. Nothing contained in this subchapter or subchapter III of this chapter shall be construed to repeal or modify any state or local law creating special rights or preferences for veterans.19 Del. C. 1953, § 717; 58 Del. Laws, c. 285; 66…

§ 718. Short title, effective date, savings clause. (a) This subchapter may be cited as the “Discrimination in Employment Act.” (b) This subchapter shall become effective September 10, 2004. (c) This subchapter does not affect any cause of action or the remedy provided therefor i…

§ 719. Criminal jurisdiction. The Superior Court shall have exclusive original jurisdiction over all criminal violations of this subchapter.77 Del. Laws, c. 90, § 28;

§ 719A. Volunteer firefighters, ambulance personnel and ladies auxiliary. It shall be an unlawful employment practice for an employer to discriminate in the hiring or discharging of an individual because of such individual’s membership in a volunteer emergency responder organizer…

§ 720. Short title. This subchapter may be cited as the “Persons With Disabilities Employment Protections Act.”66 Del. Laws, c. 337, § 2; 78 Del. Laws, c. 179, § 250;

§ 721. Statement of purpose and interpretation. (a) This subchapter is intended to encourage and enable qualified persons with disabilities to engage in remunerative employment which is sought by them in good faith. The General Assembly finds that the practice of employment discr…

§ 722. Definitions. As used in this subchapter, unless the context otherwise requires: (1) The terms “person,” “employee,” “employment agency,” “labor organizations,” “Secretary” and “review board” are defined in § 710 of this title. (2) “Disability” means any condition or charac…

§ 723. Reasonable accommodation duties. (a) A qualified person with a disability requesting a reasonable accommodation in a good-faith effort to seek an employment opportunity must apprise the employer, employment agency or labor organization of the person’s disability, submit an…

§ 724. Unlawful employment practices. (a) Employer prohibitions. — It shall be an unlawful employment practice for an employer because of disability to: (1) Fail or refuse to hire, recruit or promote a qualified person with a disability who seeks such an employment opportunity in…

§ 725. Affirmative defenses. In defense of any action to enforce § 724 of this title a respondent may assert affirmative defenses, including, but not limited to, the following: (1) Despite reasonable accommodation, a person with a disability cannot satisfactorily perform the esse…

§ 726. Retaliation prohibited. It shall be an unlawful employment practice for any employer to discharge, refuse to hire or otherwise discriminate against any person or applicant for employment, or any employment agency to discriminate against any person or any labor organization…

§ 727. Enforcement provisions and election remedies. (a) Enforcement of this subchapter shall be in accordance with the procedures for enforcement of rights secured by subchapter II of this chapter. (b) Enforcement of this subchapter as authorized by § 712 of this title shall be …

§ 728. Regulations. The Secretary shall adopt such rules and regulations as may be necessary and proper to implement the policies of this subchapter.66 Del. Laws, c. 337, § 2;

§ 730. Short title. This subchapter may be cited as the “Right to Inspect Personnel Files Act.”64 Del. Laws, c. 473, § 1; 66 Del. Laws, c. 337, § 1;

§ 731. Definitions. As used in this subchapter: (1) “Employee” means any person currently employed, laid off with reemployment rights or on leave of absence. The term “employee” shall not include applicants for employment or designated agents. (2) “Employer” shall mean any indivi…

§ 732. Inspection of personnel files. An employer shall, at a reasonable time, upon request of an employee, permit that employee to inspect that employee’s own personnel files used to determine that employee’s own qualifications for employment, promotion, additional compensation,…

§ 733. Removal of file; note taking; protection of file; inspection time. Nothing in this subchapter shall be construed as a requirement that an employee be permitted to remove the employee’s own personnel file, any part thereof or a copy of the contents of such file from the pla…

§ 734. Removal or correction of information; employee’s explanatory statement. If upon inspection of the employee’s personnel file an employee disagrees with any of the information contained in such file or records, removal or correction of such information may be agreed upon by …

§ 735. Refusing employee access; penalty; jurisdiction of violations. (a) Any employer who refuses an employee access to personnel files as provided in this subchapter shall be deemed in violation of this subchapter and shall be subject to a civil penalty of not less than $1,000 …

§ 736. Safe destruction of records containing personal identifying information. (a) Definitions. — (1) “Personal identifying information” means an employee’s first name or first initial and last name in combination with any 1 of the following data elements that relate to the empl…

§ 740. Short title. This subchapter may be known and cited as the “Employment First Act.”78 Del. Laws, c. 331, § 1;

§ 741. Statement of purpose. The General Assembly finds that the benefits of meaningful work have significance and importance to all working-age individuals, including persons with disabilities, which shall include, but not be limited to, veterans with service-connected disabilit…

§ 742. Definitions. As used in this subchapter, unless the context otherwise requires: (1) “Competitive employment” means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which a person with a disability is …

§ 743. Employment first policy. It is hereby declared to be the policy of this State that competitive employment in an integrated setting shall be considered its first and priority option when offering or providing services to persons with disabilities who are of working age. All…

§ 744. Implementation of policy by state agencies. (a) All state agencies shall coordinate efforts and shall collaborate within and among such agencies to ensure that state programs, policies, procedures and funding support competitive employment in integrated settings for person…

§ 745. Establishment of Employment First Oversight Commission. (a) There is hereby established an Employment First Oversight Commission under the purview of the State Council for Persons with Disabilities, which shall facilitate the full, effective and timely implementation of th…

§ 746. Commission organization; meetings; officers; quorum. (a) The Commission shall hold regularly scheduled business meetings at least once in each quarter, and at such times as the chairperson deems necessary, or at the request of a majority of the members of the Commission. (…

§ 747. Powers and duties of Commission. (a) The Commission shall review measurable goals and objectives as submitted to it by each relevant state agency to ensure implementation of this subchapter. The Commission shall track the measurable progress of state agencies in implementi…

§ 750. Short title. This subchapter may be known as the “Jamie Wolfe Employment Act.” 83 Del. Laws, c. 254, § 1;

§ 751. Statement of purpose. The General Assembly finds as follows: In 1938, § 14(c) of the federal Fair Labor Standards Act (29 U.S.C. § 214(c)) authorized the United States Secretary of Labor to grant special wage certificates to certain entities, allowing those entities to pay…

§ 752. Minimum wage for individuals with a disability. Commencing January 31, 2024, an employer who is authorized to employ an individual with a disability at a subminimum wage pursuant to a special certificate issued under 29 U.S.C. § 214(c) or under regulations promulgated unde…

§ 753. Plan. (a) The Employment First Oversight Commission established under § 745 of this title shall oversee the development and implementation of a plan to phase out on or before January 31, 2024, authorizations under § 905 of this title to pay an individual with a disability …

§ 754. Regulations. The Department may promulgate regulations necessary for implementation of the Jamie Wolfe Employment Act.83 Del. Laws, c. 254, § 1;

§ 801. Definitions. As used in this chapter: (1) “Authority” means the State, any political subdivision thereof, or any board, commission, public agency or instrumentality thereof, which operates or takes over the operation of any mass transportation system within this State. (2)…

§ 802. Requirements before any public authority may take over and operate privately owned mass transportation systems. Before any authority may acquire and operate any property of a privately owned mass transportation system, fair and equitable protective arrangements shall be ma…

§ 803. Required contract provisions. The contract whereby any authority acquires any property of a privately owned mass transportation system shall specify, with particularity, the terms and conditions of all the protective arrangements as set out in § 802 of this title, includin…

§ 804. Determinations; by whom and how made. The determinations as to be made by the Department of Labor of this State shall be performed by the Secretary of Labor, in accordance with such rules and regulations as said Department may from time to time establish.19 Del. C. 1953, §…

§ 805. Employee’s right to certain inventions. Any provision in an employment agreement which provides that the employee shall assign or offer to assign any of the employee’s rights in an invention to the employee’s employer shall not apply to an invention that the employee devel…

§ 901. Definition of terms. As used in this chapter: (1) “Department” means the Department of Labor or its authorized representatives. (2) “Employ” means to suffer or permit to work. (3) “Employee” includes any individual employed by an employer but shall not include: a. Any indi…

§ 902. Minimum wage rate [For current federal minimum wage, see 29 U.S.C. § 206(a)(1)(C)]. (a) Except as may otherwise be provided under this chapter, every employer shall pay to every employee in any occupation wages of a rate: (1) Not less than $9.25 per hour until January 1, 2…

§ 903. 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 this chapter or any regulation published thereunder has been or is being violated, the Superior…

§ 904. Regulations. (a) The Department, for any occupation, shall have the power to make and revise or rescind such regulations, including the definition of terms, as it may deem necessary or appropriate to preserve or safeguard the minimum wage rate under this chapter, except th…

§ 905. Wage rate for handicapped workers [Repealed].19 Del. C. 1953, § 905; 55 Del. Laws, c. 18, § 1; repealed by 83 Del. Laws, c. 254, § 2, effective Oct. 21, 2024.;

§ 906. Wage rate for learners and apprentices. For any occupation, the Department may provide by regulations, after public hearing, upon reasonable notice, at which any person may be heard, for the employment of learners and apprentices at such wages lower than the minimum rate u…