Delaware Employment and Labor Law Updates 2022


December

There were no employment and/or labor bills that were enacted that were identified.


November

There were no employment and/or labor bills that were enacted that were identified.


October

Employee Background Checks

Bill

House Bill 206 (2021)

Summary

Protects the safety and well being of children who receive services from the Department of Health and Social Services by requiring individuals who visit children in their homes and in the community or have regular, direct access to children or adolescents under the age of 18 to submit to a criminal background check; specifies individuals who must submit to a criminal background check.

Enacted

10/21/2022

Effective Date

10/21/2022

Topics

Employer_Obligations: Background_checks, Criminal_history; Industry: Child_care, Govt_contractor


Delawarean’s Whistleblowers Protection Act

Bill

House Bill 354 (2021)

Summary

Provides that an employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee’s compensation, terms, conditions, location, or privileges of employment, including reporting or threatening to report an employee’s suspected citizenship or immigration status or the suspected or actual citizenship or immigration status of a family member of the employee to a federal, state, or local agency.

Enacted

10/21/2022

Effective Date

10/21/2022

Topics

Prohibited_Practices: Citizenship, Family, Immigration_status, Whistleblower


Labor Peace Agreements And Medical Marijuana

Bill

Senate Bill 280 (2021)

Summary

Requires medical marijuana compassion centers and safety compliance facilities that have 20 or more employees to have a labor peace agreement with 1 more bona fide labor organizations; defines labor peace agreement as an agreement between an employer and a labor organization that, at a minimum, includes all of the specified items.

Enacted

10/07/2022

Effective Date

10/07/2022

Topics

Agreements: Labor_peace; Industry: Compassion_centers, Safety_compliance; Labor_Law: Labor_law


Employers Failure to Pay Wages

Bill

Senate Bill 208 (2021)

Summary

Relates to an employer’s failure to pay wages; provides that whenever an employee quits, resigns, is discharged, suspended, or laid off, the wages earned by the employee become due and payable by the employer on the later of the following: the next date the wages would be paid through the last day worked under the employer’s regular pay cycle as if the employment had not stopped or three business days after the last day worked.

Enacted

10/07/2022

Effective Date

10/07/2022

Topics

Claims_and_Penalties: Liquidated_damages, Wage_claims; Wage_Payment: Final_payment


Wage Theft

Bill

Senate Bill 35 (2021)

Summary

Provides that an employer may not do any of the specified actions, including but not limited to employing an individual without reporting the individual’s employment to all appropriate government agencies and paying all applicable taxes and fees for the individual, failing to properly withhold state and federal taxes from an employee, and failing to forward money withheld from an employee’s wages to the appropriate state or federal agency within 7 days of the applicable pay period.

Enacted

10/07/2022

Effective Date

10/07/2022

Topics

Claims_and_Penalties: Misclassification, Wage_claims, Wage_theft; Employment_relations: Employee, Independent_contract; Wage_and_Hour: Wage_and_hour


Organ and Bone Marrow Transplantation Tax Credit

Bill

Senate Bill 301 (2021)

Summary

Provides that a donor is allowed as a credit in an amount not to exceed $10,000 of specified unreimbursed expenses if, while living, the taxpayer or a dependent of the taxpayer donates one or more human organs, or a part thereof, or bone marrow, to another human for human organ transplantation.

Enacted

10/03/2022

Effective Date

10/03/2022

Topics

Industry: Public_employer


September

There were no employment and/or labor bills that were enacted that were identified.


August

There were no employment and/or labor bills that were enacted that were identified.


July

There were no employment and/or labor bills that were enacted that were identified.


June

Influenza Immunizations

Bill

Senate Bill 253 (2021)

Summary

Provides flexibility for nursing and assisted living facilities to make hiring decisions contingent on staff influenza vaccination status.

Enacted

06/14/2022

Effective Date

06/14/2022

Topics

Employer_Obligations: Immunization; Industry: Assisted_living, Nursing_homes


May

There were no employment and/or labor bills that were enacted that were identified.


April

There were no employment and/or labor bills that were enacted that were identified.


March

There were no employment and/or labor bills that were enacted that were identified.


February

There were no employment and/or labor bills that were enacted that were identified.


January

There were no employment and/or labor bills that were enacted that were identified.

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