§ 3513. Distribution of proceeds from civil penalties obtained pursuant to this chapter.
§ 3513. Distribution of proceeds from civil penalties obtained pursuant to this chapter. All civil penalties and other revenue collected pursuant to this chapter shall be paid to the General Fund of the State. 77 Del. Laws, c. 192, § 1;
§ 3514. Public posting of violators.
§ 3514. Public posting of violators. The Department shall post, on its website, a list of employers who are the subject of a final determination or decision, including all appeals, that such employer has violated this chapter. The name of an employer who violates this chapter shall remain on the Department’s website for a period […]
§ 3515. Short title.
§ 3515. Short title. This chapter shall be known as the “Workplace Fraud Act.” 77 Del. Laws, c. 192, § 1; 78 Del. Laws, c. 320, § 1;
§ 3502. Application.
§ 3502. Application. This chapter applies only to the construction services industry. 77 Del. Laws, c. 192, § 1;
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]