Delaware Employment and Labor Law Updates 2023


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

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


September

Background Checks for Child Serving Entities

Bill

House Bill 181 (2023-2024)

Summary

Relates to background checks for child-serving entities; provides that the State Bureau of Identification shall provide the criminal background information, and the Department of Services for Children, Youth and their Families shall provide the Child Protection Registry, background check information to the individual and the employer; provides that in the case of an employee or contractor of the Department of Education, SBI may release all subsequent criminal history to the Department.

Enacted

09/11/2023

Effective Date

09/11/2023

Topics

Employer_Obligations: Background_checks, Criminal_history; Industry: Govt_contractor


Damages For Employment Discrimination

Bill

Senate Bill 145 (2023-2024)

Summary

Relates to damages for employment discrimination; provides that the Superior Court may order, among other things, the payment of compensatory damages, punitive damages, special damages, including back pay and interest on back pay, and/or front pay.

Enacted

09/11/2023

Effective Date

09/11/2023

Topics

Claims_and_Penalties: Backpay, Compensatory_damages, Front_pay, Interest, Punitive_damages; Prohibited_Practices: Discrimination


Discrimination in Employment

Bill

Senate Bill 146 (2023-2024)

Summary

Relates to discrimination in employment; provides that the Department of Labor is empowered to prevent any person from engaging in any unlawful employment practice; provides that in connection with the performance of its duties, the Department may take specified actions, including but not limited to investigating employment practices and inspecting and copying records or documents in the possession of the employer, the employment agency, or labor organization.

Enacted

09/11/2023

Effective Date

09/11/2023

Topics

Claims_and_Penalties: Complaints, Statute_limitations; Prohibited_Practices: Discrimination


August

Medical and Family Leave Program

Bill

House Bill 130 (2023-2024)

Summary

Relates to comparable private plans under the Family and Medical Leave Program; provides that an employer may appeal the denial of an employer’s application to the Department of Labor within a specified number of days of the issuance of the determination; provides for hearings of appeals; provides that these hearings are exempt from specified public meeting requirements to protect confidential health and privacy information.

Enacted

08/31/2023

Effective Date

08/31/2023

Topics

Claims_and_Penalties: Administrative; Leave_laws: Family, Leave_laws: Medical


Deferred Compensation for Public Officers and Employees

Bill

House Bill 130 (2023-2024)

Summary

Relates to hard-working individuals make up a critical part of the state government workforce and play a significant role in keeping our state running and delivering services to the people of Delaware; allows casual or seasonal employees the opportunity to participate in the retirement savings plan.

Enacted

08/09/2023

Effective Date

08/09/2023

Topics

Industry: Public_employer


July

State Employee Paid Leave

Bill

House Bill 26 (2023-2024)

Summary

Relates to State Employee leave; provides that a State employee who is a member of the military reserves of the United States or the Delaware National Guard shall be excused from work with pay to attend training camp or serve special duty as ordered by the United States military or the Delaware National Guard; provides that paid leave must not exceed a specified number of hours for employees working a 37.5 hour work week or a specified number of hours for employees working a 40 hour work week in any year.

Enacted

07/17/2023

Effective Date

To be determined.

Topics

Industry: Public_employer


June

Compassionate Leave

Bill

House Bill 177 (2023-2024)

Summary

Increases the amount of compassionate leave for eligible employees of the State upon the death of an immediate family member.

Enacted

06/30/2023

Effective Date

06/30/2023

Topics

Industry: Public_employer


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

May

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


April

Delaware Marijuana Control Act

Bill

House Bill 2 (2023-2024)

Summary

Regulates and taxes marijuana for recreational use in much the same manner as alcohol; creates a framework for production, manufacture, and sale in a legal recreational marijuana industry; provides that the offenses and penalties under Uniform Controlled Substances Act do not apply to marijuana-related conduct allowed under the Delaware Medical Marijuana Control Act or the Delaware Marijuana Control Act.

Enacted

04/27/2023

Effective Date

04/27/2023

Topics

Workplace_Behavior: Cannabis, Marijuana


Fair Labor Standards Act

Bill

Senate Bill 27 (2023-2024)

Summary

Relates to limitation of actions for work, labor, or personal services; increases the statute of limitations for filing an action for recovery upon a claim for unpaid wages, making it consistent with the statute of limitations under the federal Fair Labor Standards Act.

Enacted

04/26/2023

Effective Date

 04/26/2023

Topics

Claims_and_Penalties: Statute_limitations; Wage_claims


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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