§ 3503. Acts prohibited.
§ 3503. Acts prohibited. (a) An employer must not act as a labor broker by improperly classifying an individual who performs work for remuneration provided by an employer as an independent contractor. (b) An employer has improperly classified an individual when an employer-employee relationship exists, as determined under subsection (c) of this section, but the […]
§ 3604. Registration required.
§ 3604. Registration required. A contractor must register under this chapter before performing construction services or maintenance. 82 Del. Laws, c. 168, § 4; 82 Del. Laws, c. 291, § 2;
§ 3504. Duties of the Department.
§ 3504. Duties of the Department. (a) The Department shall administer and enforce this chapter. (b) The Department shall investigate, as necessary, to determine compliance with this chapter. (c) As part of the Department’s investigation, the Department is permitted to: (1) Enter and inspect the premises or place of business, employment, or work site, and […]
§ 3605. Registration requirements.
§ 3605. Registration requirements. (a) To register under this chapter, a contractor shall submit all required forms, information, and fees to the Department. (b) A contractor must apply for a registration certificate by submitting a complete application on the form provided by the Department, which must include all of the following information regarding the contractor, […]
§ 3505. Penalties.
§ 3505. Penalties. (a) Any employer who violates or fails to comply with § 3503 of this title or any regulation published thereunder is in violation of § 3503 of this title, and is subject to a civil penalty of not less than $5,000, and not more than $20,000, for each violation. Each employee who […]
§ 3606. Issuance and term of a certificate of registration.
§ 3606. Issuance and term of a certificate of registration. (a) Except as provided under § 3607 of this title, upon receipt of a completed, accurate, application and fee under § 3605 of this title, the Department shall issue a certificate of registration to the contractor. A certificate of registration is valid as follows: (1) […]
§ 3506. Provisions of law may not be waived by agreement.
§ 3506. Provisions of law may not be waived by agreement. Except as provided in this chapter, no provision of this chapter may in any way be contravened or set aside by private agreement. 77 Del. Laws, c. 192, § 1;
§ 3507. Department collaboration with other state agencies.
§ 3507. Department collaboration with other state agencies. As authorized by state and federal law, divisions within the Department, the Division of Unemployment Insurance, the Office of Workers’ Compensation, the Department of Insurance, the Office of the Attorney General, the Division of Revenue and other departments, agencies, or divisions of the State shall cooperate and […]
§ 3508. Cause of action by employees or other individuals for violations of certain provisions of this chapter.
§ 3508. Cause of action by employees or other individuals for violations of certain provisions of this chapter. (a) An employee or other individual who alleges a violation of § 3503 or § 3509 of this title must first notify the Department in writing and request an investigation by the Department, pursuant to § 3504 […]
§ 3509. Retaliation prohibited.
§ 3509. Retaliation prohibited. (a) An employer may not discriminate in any manner or take adverse action against any person because the person: (1) Files a complaint with the employer or the Department alleging that the employer violated any provision of this chapter or any regulation adopted under this chapter; (2) Brings an action under […]