Title 19 — Labor

§ 101. Definitions; exclusions. (a) As used in this chapter: (1) “Board” means the Industrial Accident Board. (2) “Department” means the Department of Labor. (3) “Employer” includes any person, excepting those provided for in subsection (b) of this section, acting directly or ind…

§ 102. Office; hearings. The Department shall keep such suitable office as shall best meet the convenience of the Department and the public. The Department or its authorized representative may hold hearings at any place within the State that the convenience of the Department and …

§ 103. Regulation of child labor. The Secretary of Labor may visit and inspect at any time any establishment in this State to ascertain whether any children are employed therein contrary to Chapter 5 of this title, and the Secretary shall make complaint against and shall prosecut…

§ 104. Preparation of certificates, papers and abstracts. The Department shall formulate and have printed certificates and papers required in the issuing of employment certificates and the abstracts of the law relating to the hours of child labor in this State.19 Del. C. 1953, § …

§ 105. Duties and powers of the Department; fees; Department of Labor Research Fund. (a) In addition to such other duties and powers which may be conferred upon it by law, the Department may: (1) Administer all labor laws in this State; (2) Direct to the attention of the Attorney…

§ 106. Rules relating to accidents and industrial diseases. (a) The Department may make, modify and repeal rules for the prevention of accidents or of industrial or occupational diseases in every employment or place of employment or such rules for the construction, repair and mai…

§ 107. Inspection of records; duty to furnish information. (a) The members of the Department and its authorized representatives may enter at reasonable times, so as not to unduly hinder the conduct of the business, any place of employment for the purpose of inspecting records and…

§ 108. Power as to witnesses; seal; evidence; procedure. The Department, and any officer of the Department designated by the Department, in the performance of any duty or the execution of any power prescribed by law, may administer oaths, certify to official acts, take and cause …

§ 109. Review of rules by Superior Court. Any person whose interest is affected thereby may commence an action in the Superior Court of this State, in any of the 3 counties against the Department as defendant to determine the reasonableness and validity of any rule made pursuant …

§ 110. Declaration of policy as to labor disputes. It is declared as the public policy of this State that the best interests of the people of the State are served by the prevention or prompt settlement of labor disputes; that strikes and lockouts and other forms of industrial str…

§ 111. Labor disputes; powers and duties of Secretary. (a) Upon the Secretary’s own motion, in an existing, imminent or threatened labor dispute, the Secretary may, and, upon the request of the parties or either party to the dispute, the Secretary must take such steps as the Secr…

§ 112. Strike rights not to be impeded. Nothing in this chapter shall be construed to interfere with, impede or diminish in any way the right of employees to strike or engage in other lawful concerted activities.19 Del. C. 1953, § 122; 53 Del. Laws, c. 259.;

§ 113. Rules for mediation of labor disputes. The Secretary may adopt, alter, amend or repeal such rules in connection with the voluntary mediation of labor disputes as may be necessary for the proper administration and enforcement of this chapter.19 Del. C. 1953, § 123; 53 Del. …

§ 114. Chapter does not diminish constitutional rights. Nothing contained in this chapter shall be construed as interfering with, impeding or diminishing in any way any right guaranteed by law or by the Constitution of the State or of the United States.19 Del. C. 1953, § 124; 53 …

§ 115. Enforcement by Attorney General. It shall be the duty of the Attorney General of this State upon request of the Department of Labor, or any of its authorized representatives, to prosecute any violation of the law or of any rule which it is made the duty of the Department t…

§ 116. Penalties. Any person who violates or fails or refuses to comply with §§ 101-115, inclusive, of this title, or any lawful order of the Department or any judgment or decree made by any court in connection with this chapter for which no penalty has been otherwise provided, s…

§ 117. State and federal cooperation. The Department may assist and cooperate with the Wage-Hour and Public Contracts Divisions and the United States Department of Labor, in the enforcement within this State of the Fair Labor Standards Act of 1938 [29 U.S.C. § 201 et seq.], appro…

§ 118. Required criminal background checks and fingerprinting. (a) The purpose of this section is as follows: (1) To comply with 26 U.S.C. § 6103(p)(4) of the Internal Revenue Code of 1986 and Internal Revenue Service Publication 1075, including amendments and any successor statu…

§ 201. Declaration of policy. It is declared to be the policy of this State to: (1) Encourage the development of an apprenticeship and training system through the voluntary cooperation of management and labor and interested state agencies and in cooperation with other states and …

§ 202. Powers and duties of Department. (a) The Department shall carry out the purposes of this chapter and its duties and powers shall include, but shall not be limited to: (1) Establishing standards for apprenticeship in conformity with this chapter and applicable statutes and …

§ 203. Limitations. This chapter shall apply only to persons, copartnerships, associations, corporations, political subdivisions, employer associations and organizations or associations of employees as voluntarily elect to conform with its provisions.19 Del. C. 1953, § 207; 54 De…

§ 204. Training and apprenticeship programs. (a) The State Department of Labor shall develop and conduct employee training and registered apprenticeship programs, in cooperation with participating appointing authorities and the Department of Human Resources. The Department of Hum…

§ 205. Apprenticeship and Training Fund. (a) A special fund known as the Apprenticeship and Training Fund (“Fund”) is established and the State Treasurer shall invest the Fund consistent with the investment policies established by the Cash Management Policy Board. The State Treas…

§ 401. Statement of policy. It is the declared policy of the State and the purpose of this chapter to encourage a harmonious and cooperative relationship between employers and their employees by allowing private sector labor organizations and employers to enter into union securit…

§ 402. Definitions. For the purposes of this chapter: (1) “Employer” means any person employing employees within the State, but does not include the United States or the State or any political subdivision of the State. (2) “Labor organization” means as defined in § 710 of this ti…

§ 403. Requirement of membership in labor organization as condition of employment. An employer or labor organization may execute and apply an agreement requiring membership in a labor organization as a condition of employment, to the full extent allowed by federal law.81 Del. Law…

§ 501. Applicability of chapter. This chapter shall apply to any place, establishment or occupation within this State where work is done for compensation of any kind, to whomever payable, except as otherwise specified in this chapter. Nothing in this chapter shall prevent childre…

§ 502. Definitions. As used in this chapter, the following words have the meanings indicated: (1) “Department” or “Department of Labor” means the Department of Labor of the State. (2) “Employ,” “employed,” or “employment” means to suffer or permit to work, but does not include: a…

§ 503. Powers and duties of Secretary. (a) The Secretary or the Secretary’s authorized representative shall enforce the provisions of this chapter. (b) The Secretary or the Secretary’s authorized representative may enter and inspect, during reasonable business hours, any place of…

§ 504. Employment certificates. (a) A minor shall not engage in employment unless the employer has in the employer’s possession a verified and validated employment certificate for the minor. The employer shall keep the certificate on file at all times and make it accessible to th…

§ 505. Minors under 14 years of age. A minor under the age of 14 years shall not be employed or permitted to work.68 Del. Laws, c. 173, § 1;

§ 506. Minors under 16 years of age. (a) A minor under 16 years of age shall not be employed or permitted to work in, about or in connection with: (1) Any employment during the prescribed school day; (2) Any occupation prohibited by the United States Secretary of Labor pursuant t…

§ 507. Minors under 18 years of age. (a) A minor under 18 years of age shall not be employed or permitted to work in, about or in connection with: (1) Any occupation prohibited by the United States Secretary of Labor pursuant to the provisions of the Fair Labor Standards Act [29 …

§ 508. Special permit for model, performer or entertainer. (a) Except as provided in subsection (b) of this section, no child under 16 years of age shall be employed, permitted or suffered to work for compensation of any kind as a model, performer or entertainer upon the stage of…

§ 509. Interference with Department of Labor; employment of minor in violation of this chapter. (a) It is unlawful to interfere with or hinder the Department of Labor in the performance of its duties under this chapter, or knowingly to give false information to the Department of …

§§ 510-548. [Reserved.]

§ 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…

§ 907. Records of employers. Every employer shall make, keep and preserve for a period of not less than 3 years, in or about the premises or place of business or employment, a record of the name, address and occupation of each employee, the rate of pay and the amount paid each pa…

§ 908. Posting of laws and regulations. Every employer shall keep a summary of this chapter, approved by the Department, and of any applicable regulations published thereunder or a summary thereof, approved by the Department, posted in a conspicuous and accessible location in or …

§ 909. Judicial review. (a) Any interested person in any occupation for which any regulation has been published under this chapter, who has been or may be aggrieved thereby, may obtain a review thereof in the Superior Court by filing in such Court, within 20 days after notice tha…