Title 19, Labor

§ 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 …

§ 701. Order on employer to pay employee’s loan carrying excessive interest rate; penalty for payment. (a) No employer in this State shall knowingly pay any warrant or order due any person for borrowed money where more than the lawful rate of interest has been received or charged…

§ 702. Payment of wages for railroad employees every 2 weeks. (a) Every corporation or joint stock association operating a steam, electric or diesel surface railroad or engaged in the sleeping car business and every person carrying on such a business, by lease or otherwise, shall…

§ 703. Employment of strike breakers. (a) It shall be unlawful for any person, firm or corporation, not directly involved in a labor strike or lockout, to recruit any person or persons for employment or to secure or offer to secure for any person or persons any employment, when t…

§ 704. Polygraph, lie detector or similar test or examination prohibited as condition of employment or continuation of employment; definitions; jurisdiction; penalty; exclusion. (a) As used in this section, “person” includes any individual, corporation, partnership, firm, associa…

§ 705. Notice of monitoring of telephone transmissions, electronic mail and Internet usage. (a) As used in this section, “employer” includes any individual, corporation, partnership, firm or association with a place of business in Delaware and the State of Delaware or any agency …

§ 706. Continuation of labor contracts despite merger or other business combination. (a) Notwithstanding any other provisions of this Code, no merger, consolidation, sale of assets or business combination shall result in the termination or impairment of the provisions of any labo…

§ 707. Meal breaks. (a) An employer must allow an employee an unpaid meal break of at least 30 consecutive minutes, if the employee works 71/2 or more consecutive hours. The meal break must be given some time after the first 2 hours of work and before the last 2 hours. However, t…

§ 708. Special employment practices relating to health-care and child-care facilities. (a) Definitions. — (1) “Child care facility” means any child care facility which is required to be licensed by the Department of Education, Office of Child Care Licensing. (2) “Child-serving en…

§ 709. Employment information. (a) An employer or any person employed by the employer who discloses information about a current or former employee’s job performance to a prospective employer is presumed to be acting in good faith; and unless lack of good faith is shown, is immune…

§ 709A. Employer use of social media. (a) For purposes of this section, the following definitions shall apply: (1) “Applicant” means a prospective employee applying for employment. (2) “Electronic communication device” means a cellular telephone, personal digital assistant, elect…

§ 709B. Unlawful employment practices; compensation history (a) Definitions. — For the purposes of this section: (1) “Applicant” means a prospective employee applying for employment. (2) “Compensation” includes monetary wages as well as benefits and other forms of compensation. (…

§ 709C. Transparency in pay rates, employment, and advancement opportunities [Effective Sept. 26, 2027]. (a) As used in this section: (1) “Employer” means as defined in § 709A of this title. (2) “Hourly or salary compensation range” means the minimum to maximum pay range for the …

§ 710. Definitions. For the purposes of this subchapter: (1) “Age” means the age of 40 or more years of age. (2) “Charging party” means any individual or the Department who initiates proceedings by the filing of a verified charge of discrimination, and who preserves a cause of ac…

§ 711. Unlawful employment practices; employer practices. (a) Definitions. — As used in this section: (1) “Certifying body or organization” means an independent body or entity duly accredited to issue a formal certification that an applicant meets specific local, state, or nation…

§ 711A. Unlawful employment practices; sexual harassment. (a) Purpose. — The State of Delaware is committed to ensuring that all Delawareans experience a safe and respectful workplace free of sexual harassment. Complaints of sexual harassment will be taken seriously and employers…