Title 21, Title 21: Labor

§ 1357. Notices; form and service Notices required under the provisions of this chapter, unless otherwise provided by the provisions of this chapter or by rules adopted by the Supreme Court, shall be deemed sufficient if given in writing and delivered to the person entitled to it…

§ 1358. Unemployment Compensation Trust Fund; establishment and control (a) The Unemployment Compensation Trust Fund is established. The Fund shall be kept separate and apart from all other public monies or funds of this State and shall be administered by the Commissioner exclusi…

§ 1359. Administration of Unemployment Compensation Trust Fund (a) The Fund shall be administered in trust and used solely to pay benefits and refunds upon vouchers drawn on the Fund by the Commissioner pursuant to this chapter and to such rules as the Board is authorized to adop…

§ 1360. Treasurer The Commissioner shall designate a treasurer of the Fund, who shall pay all vouchers duly drawn upon the Fund, in such manner as the Commissioner may prescribe. He or she shall have custody of all monies belonging to the Fund and not otherwise held or deposited …

§ 1361. Management of funds upon discontinuance of Unemployment Trust Fund The provisions of sections 1358–1360 of this subchapter to the extent that they relate to the federal Unemployment Trust Fund, shall be operative only if the federal Unemployment Trust Fund continues to ex…

§ 1362. Unemployment Compensation Administration Fund The Unemployment Compensation Administration Fund is created to consist of all monies received by the State or by the Commissioner for the administration of this chapter. The Unemployment Compensation Administration Fund shall…

§ 1363. Expenditures All monies made available by or received by the State for the State employment service, as provided in chapter 15 of this title, shall be paid to and expended from the Unemployment Compensation Administration Fund, and a special employment service account sha…

§ 1364. Replacement This State shall replace any monies received from the Secretary of Labor under Title III of the Social Security Act, any monies granted to this State pursuant to the provisions of the Wagner-Peyser Act, and any monies made available by the State or its politic…

§ 1365. Contingent Fund (a) There is created a special fund to be known as the Contingent Fund. All interest, fines, and penalties collected under the provisions of this chapter, together with any voluntary contributions tendered as a contribution to the Contingent Fund, shall be…

§ 1366. Protection of rights and benefits; waiver of rights void No agreement by an employee to waive his or her right to benefit or any other right under this chapter shall be valid.

§ 1367. Benefits not subject to assignment or trustee process Benefits that are due or may become due under this chapter shall not be assignable before payment, but this provision shall not affect the survival thereof; and when awarded, adjudged, or paid, shall be exempt from all…

§ 1367a. Child support intercept of unemployment benefits (a) An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, disclose whether or not the individual owes child support obligations as defined under subsection (f) of this secti…

§ 1367b. Supplemental Nutrition Assistance Program intercept of unemployment benefits (a) An individual filing a new claim for unemployment compensation shall, at the time of filing such claim, disclose whether he or she owes an uncollected overissuance of Supplemental Nutrition …

§ 1368. False statements to increase payments A person shall not intentionally make a false statement or representation to obtain or increase any benefit or other payment under this chapter, either for the employee or any other person. (Amended 2023, No. 85 (Adj. Sess.), § 210, e…

§ 1369. False statements to avoid unemployment program obligations A person who intentionally makes a material false statement or representation to avoid becoming or remaining subject to this chapter, or to avoid or reduce a contribution or other payment required of an employer u…

§ 1370. Furnishing reports A person shall not intentionally fail or refuse to furnish any reports required under this chapter or to submit the person’s records to inspection when required under this chapter, or to make or require any deduction from wages to pay all or any portion…

§ 1371. Each statement separate offense Each such false statement or representation, and each day of such failure or refusal and each such deduction from wages as provided in this section and sections 1369 and 1370 of this title shall constitute a separate and distinct offense.

§ 1372. Violation by corporate agent If the employer in question is a corporation, any official or agent of the corporation responsible for a falsehood, failure, or refusal mentioned in sections 1369–1371 of this subchapter shall be subject to the penalties provided in section 13…

§ 1373. General penalty; administrative A person who violates a provision of this chapter or any lawful rule of the Board, for which no other penalty is provided, shall be assessed an administrative penalty of not more than $5,000.00. (Amended 1959, No. 329 (Adj. Sess.), § 22, ef…

§ 1374. Representation in court The Attorney General shall represent the Commissioner and State in any court action relating to this chapter or to its administration and enforcement, except as other counsel may be designated by the Commissioner with the approval of the Attorney G…

§ 1375. Jurisdiction Concurrent jurisdiction of offenses under this chapter is vested in the Superior Court. (Amended 1965, No. 194, § 10; 1973, No. 193 (Adj. Sess.), § 3.)

§ 1376. Limitation of liability of State Benefits shall be deemed to be due and payable under this chapter only to the extent provided in this chapter and to the extent that monies are available for the payment of benefits to the credit of the Unemployment Compensation Trust Fund…

§ 1377. Rights subject to legislative control All the rights, privileges, or immunities conferred by this chapter or by acts done pursuant to this chapter shall exist subject to the power of the General Assembly to amend or repeal this chapter at any time; and there shall be no v…

§ 1378. Requirements for obtaining license or governmental contract (a) As used in this section, “agency” means any unit of State government, including agencies, departments, boards, commissions, authorities, and public corporations. (b) [Repealed.] (c) Every agency shall, upon r…

§ 1379. Complaint of misclassification; enforcement by Attorney General [Repealed effective July 1, 2026] (a) Following the referral of a complaint by the Commissioner of Labor pursuant to the provisions of section 3 of this title, the Attorney General may investigate a complaint…

§ 1383. Severability of provisions It is the purpose and intention of the General Assembly that the provisions of this chapter are severable and that the invalidity or ineffectiveness of any provision or provisions of this chapter shall not affect the validity or operative force …

§ 1384. Construction (a) This chapter is enacted in correlation with Titles III and IX of the Social Security Act, 42 U.S.C. chapter 7, and with the Federal Unemployment Tax Act, 26 U.S.C. chapter 23, and the expediency of certain provisions of this chapter depend upon the scope …

§ 1385. Contingent provisions If the Federal Unemployment Tax Act is amended, interpreted, or extended so that employing units not previously included under the definition of “employer,” as that term is used in this chapter, are included under the definition after the Act is amen…

§ 1386. Operation dependent upon federal act (a) The General Assembly finds that the expediency and beneficial operation of this chapter are dependent upon the effective operation within this State of certain sections of the Federal Unemployment Tax Act: (1) 26 U.S.C. § 3301 impo…

§ 1387. Suspension of contributions If the Governor determines that the conditions for the suspension of the contributions required by this chapter pursuant to section 1386 of this subchapter exist because of any repeal, amendment, suspension, or declared invalidity of the Social…

§ 1388. Invalidity of acts If the Social Security Act, 42 U.S.C. chapter 7, or the Federal Unemployment Tax Act, 26 U.S.C. chapter 23, shall be finally held and determined to be wholly invalid or shall be repealed, then this chapter shall become wholly inoperative and ineffective…

§ 1421. Definitions As used in this subchapter, (1) “Extended benefit period” means a period that: (A) begins with the third week after a week for which there is a State “on” indicator; and (B) ends with either of the following weeks, whichever occurs later: (i) the third week af…

§ 1422. Regular and extended benefits Except when the result would be inconsistent with the other provisions of this subchapter the provisions of this chapter that apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended ben…

§ 1423. Eligibility requirements for extended benefits (a) An individual shall be eligible to receive extended benefits with respect to any week of unemployment in the individual’s eligibility period only if the Commissioner finds that with respect to the week: (1) the individual…

§ 1423a. Disqualifications (a) Notwithstanding any other provision of this subchapter, if so found by the Commissioner, payment of extended compensation shall not be made to any individual for any week of unemployment in the individual’s eligibility period during which the indivi…

§ 1424. Weekly extended benefit amount The weekly extended benefit amount payable to an individual for a week of total unemployment in his or her eligibility period shall be an amount equal to the weekly benefit amount payable to him or her during his or her applicable benefit ye…

§ 1425. Total extended benefit amount (a) The total extended benefit amount payable to any eligible individual with respect to his or her applicable benefit year shall be the least of the following amounts: (1) 50 percent of the total amount of regular benefits that were payable …

§ 1426. Beginning and termination of extended benefit period (a) Whenever an extended benefit period is to become effective in this State, as a result of a State “on” indicator, or an extended benefit period is to be terminated in this State as a result of a State “off” indicator…

§ 1427. Amendments to the Federal-State Extended Unemployment Compensation Act of 1970 To the extent that the Federal-State Extended Unemployment Compensation Act of 1970, Pub. L. No. 91-373, is amended to authorize this State to pay benefits for an extended benefit period in a m…

§ 1451. Definitions As used in this subchapter: (1) “Affected unit” means a specific plan, department, shift, or other definable unit consisting of not less than five employees to which an approved short-time compensation plan applies. (2) “Defined benefit plan” means a plan desc…

§ 1452. Criteria for approval (a) An employer wishing to participate in an STC program shall submit a Department of Labor electronic application or a signed written short-time compensation plan to the Commissioner for approval. The Commissioner may approve an STC plan only if the…

§ 1453. Approval or rejection; resubmission The Commissioner shall approve or reject a plan in writing within 30 days after receiving it, and in the case of rejection shall state the reasons for the rejection. The reasons for rejection shall be final and nonappealable, but the em…

§ 1454. Effective date; duration A plan shall be effective on the date specified in the plan or on a date mutually agreed upon by the employer and the Commissioner. It shall expire at the end of the sixth full calendar month after its effective date or on the date specified in th…

§ 1455. Revocation (a) The Commissioner may revoke approval of a plan for good cause. The revocation order shall be in writing and shall specify the date the revocation is effective and the reasons for revocation. (b) Good cause shall include violation of any criteria on which ap…

§ 1456. Modification An approved STC plan may be modified by the employer with the approval of the Commissioner. If the hours of work are increased or decreased substantially beyond the level in the original plan, or any other conditions are changed substantially, the Commissione…

§ 1457. Eligibility (a) An individual is eligible to receive STC benefits with respect to any week only if, in addition to eligibility for monetary entitlement, the Commissioner finds that: (1) the individual is employed during that week as a member of an affected unit under an a…