Q&A

What are the labor laws in the state of Delaware?

What are the labor laws in the state of Delaware?

Delaware Code 19-507 Delaware labor laws require employers with four (4) or more employees to provide employees who are nursing mothers with break to express breast milk. Employers must also provide employees who are nursing mothers with appropriate facilities for expressing breast milk.

Who is an employee in the state of Delaware?

The employee is a professional employee certified by Delaware’s State Board of Education and employed by a local school board to work directly with children. There is a collective bargaining agreement or other employer-employee written agreement, which provides otherwise. The Secretary of Labor has issued rules granting exemptions when:

What kind of tax return do employers have to file in Delaware?

All employers are required to submit an Annual Reconciliation/Transmittal of Income Tax Withheld by filing Form W-3 along with a duplicate copy of Federal Form W-2 indicating the amount of Delaware tax withheld from each employee.

What are the laws on overtime in Delaware?

Federal overtime laws apply. See FLSA: Overtime for more information regarding overtime requirements. Delaware labor laws require employers to grant a meal break of at least 30 consecutive minutes to employees 18 years of age or older scheduled to work 7.5 or more hours per day. The meal break may be unpaid, except under rare circumstances.

Delaware Code 19-507 Delaware labor laws require employers with four (4) or more employees to provide employees who are nursing mothers with break to express breast milk. Employers must also provide employees who are nursing mothers with appropriate facilities for expressing breast milk.

Who are the employees of the state of Delaware?

(3) “Employee” means any person suffered or permitted to work by an employer under a contract of employment either made in Delaware or to be performed wholly or partly therein. This chapter does not apply to employees of the United States government, the State of Delaware or any political subdivision thereof.

All employers are required to submit an Annual Reconciliation/Transmittal of Income Tax Withheld by filing Form W-3 along with a duplicate copy of Federal Form W-2 indicating the amount of Delaware tax withheld from each employee.

What is the tax base for unemployment in Delaware?

Since the balance in the Delaware UI Trust Fund as of September 2018 was in excess of $125 million, the taxable wage base will remain at $16,500 for CY2019. For more information on Unemployment Insurance please refer to the Employer’s Handbook. To access the Online Employer Services Portal, click here.

Is it illegal to retaliate against an employee in Delaware?

In Delaware, employers with at least four employees must comply with these laws. These laws also make it illegal for an employer to retaliate against you for asserting your rights.

What are the laws on discrimination in Delaware?

Delaware law prohibits discrimination based on race, color, national origin, sex, religion, disability (physical or mental), age (40 and older), genetic information, sexual orientation, gender identity and expression, and marital status. In Delaware, employers with at least four employees must comply with these laws.

(3) “Employee” means any person suffered or permitted to work by an employer under a contract of employment either made in Delaware or to be performed wholly or partly therein. This chapter does not apply to employees of the United States government, the State of Delaware or any political subdivision thereof.

What are state labor laws?

State labor laws regulate labor-related issues within the jurisdiction of a state. Generally, state labor laws must either comply with federal or national labor laws or exceed them in order to be legal.

What are the labor relations laws?

Federal labor relations laws are governed by the National Labor Relations Act, which came into force in 1935 to encourage collective bargaining, protect the rights of employers and employees and to curtail certain unfair private sector work practices. The NLRA also recognizes the detriment caused by strikes in terms of work productivity and morale.

Do state labor laws SuperCede federal labor laws?

In general, state laws don’t supersede federal labor laws. Article 6, Paragraph 2 of the U.S. Constitution states that the laws of the United States — federal laws — are the supreme law of the land and judges in every state are bound by them regardless of conflicting state laws.

How do you complain to the Department of Labor?

Filing a Complaint With the U.S. Department of Labor Talk to your employer. Make sure your employer is required to comply with federal law. Gather the required information. File your complaint. Follow through with your complaint.