http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Delaware/index.html LawInfo - Legal Resource Center offers free legal forms and free legal documents that is designed to help consumers and businesses resolve their legal issues http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Delaware/how-do-i-know-whether-an-employer-has-illegal.html <p>You may have been discriminated against if you were treated differently from other employees because of your race, color, age (40&shy;70), sex, religion, national origin, marital status, genetic information, or disability. Employers of 4 or more employees, labor organizations, employment agencies, and joint labor&shy;management committees for apprenticeship or training are covered by this law.<p>Employers are prohibited by State Law from discriminating against any employee because of disability and requires the employment and advancement of qualified individuals with a disability who, with or without reasonable accommodation, can perform the essential functions of a job. This law applies to any employer with 15 or more employees. Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Delaware/am-i-entitled-to-meal-and-rest-brakes.html <p>All employees must receive a meal break of at least 30 consecutive minutes if the employee is scheduled to work 7.5 or more hours per day. Meal breaks must be given sometime after the first two hours of work and before the last two hours of work. This rule does not apply when the employee is a professional employee certified by the State Board of Education and employed by a local school board to work directly with children or when there is a collective bargaining agreement or other employer&shy;employee written agreement, which provides otherwise.<p>Exemptions can be granted when compliance would adversely affect public safety; only one employee may perform the duties of a position; an employer has fewer than five employees on a shift at one location (the exception would only apply to that shift); continuous nature of an employer's operations such as chemical production or research experiments, requires employees to respond to urgent or unusual conditions at all times and the employees are compensated for their meal breaks.<p>Minors must be given at least a thirty&shy;minute break after working more than five consecutive hours.<p>Where exemptions are allowed, employees must be allowed to eat meals at their workstations or other authorized locations and use rest room facilities as reasonably necessary. Delaware Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Delaware/are-there-restrictions-on-the-hours-a-minor-c.html <p>Minors 14&shy;15 years of age are not permitted to work as follows:<ul><li>Before 7:00 a.m. or after 7:00 p.m.&shy; except from June 1st through Labor Day when the evening hour shall be extended to 9:00 p.m.<li>More than four hours per day on school days.<li>More than eight hours per day on non&shy;school days.<li>More than eighteen hours in any week when school is in session for 5 days.<li>More than six days in any week.<li>More than forty hours per week when school is not in session and<li>More than five hours continuously without a non&shy;work period of at least 30 consecutive minutes.</ul><p>Minors 16 and 17 years of age are not permitted to work as follows:<ul><li>May not work more than twelve hours in a combination of school and work hours per day.<li>Must have at least eight consecutive hours of non&shy;work, non&shy;school time in each 24&shy;hour period.<li>May not work more than five hours continuously without a non&shy;work period of at least 30 consecutive minutes.</ul> Delaware Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Delaware/can-my-employer-fire-me-without-reason-or-not.html <p>Delaware is an employment&shy;at&shy;will state, which means that, absent an employment contract (or collective bargaining agreement), which provides otherwise, an employer can discharge an employee for any reason, or no reason, with or without notice, as long as the discharge does not violate a law (such as the employment discrimination laws). Delaware Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Delaware/does-my-employer-have-to-pay-me-time-and-a-ha.html <p>Delaware has no law that determines whether, in a particular circumstance, premium pay is required for overtime hours worked. The federal Fair Labor Standards Act sets the basic overtime pay regulations for employers covered by its provisions, but the law does contain exemptions. Delaware Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Delaware/for-the-purpose-of-paying-unemployment-taxes.html <p>An employer is an individual or employing unit that 1) employs one or more individuals for some portion of the day in each of 20 different weeks, or 2) pays total wages greater than or equal to $1,500 in any calendar quarter in either the current or preceding calendar year. Different criteria do apply when an individual or employing unit is a crew leader or employs individuals in agricultural labor or domestic labor. Delaware Labor and Employment FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Delaware/how-are-tax-rates-determined.html <p>The tax an employer pays depends on the size of the employer's taxable payroll, the employer's unemployment insurance tax rate and the taxable wage base. The taxable wage base is $8,500 and, for calendar year 2002, the minimum and maximum tax rates are .3% and 8.2%.<p>The Department assigns Delaware employers one of four tax rates. These rates include, 1) the new employer rate &shy; non&shy;construction, 2) the new employer rate &shy; construction, 3) an experience (merit) rate, or 4) the delinquency rate. Delaware Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Delaware/how-do-earnings-affect-my-benefits.html <p>You are allowed to earn 50% of your weekly benefit amount without any deduction. Any earnings over 50% are deducted. If your benefit amount is $100.00, you are allowed to earn $50 gross (wages before deductions) with no deduction of your unemployment insurance benefit; anything over $50 is deducted dollar for dollar. Delaware Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Delaware/how-does-my-business-file-quarterly-reports.html <p>You are required to report your payroll and pay unemployment insurance taxes four times a year. Forms UC&shy;8 and UC&shy;8A will be sent to you at the end of each quarter. If you do not receive a form, call the Employer Contribution Operations at (302) 761&shy;8484. You have one month following each quarter to file reports and pay the tax.<p>Delaware employers may submit quarterly wage information on magnetic tape. For more information, call the Employer Contribution Operations at the number above. Delaware Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Delaware/how-does-my-business-register-as-a-new-empl.html <p>You can open an unemployment insurance employer account by filing a Form UC&shy;1, Report to Determine Liability and if Liable Application for Employer Account Number. <a href="http://www.delawareworks.com/forms/uc1.pdf">Click here</a> for the UC&shy;1 form or you may request form UC&shy;1 by phone on (302) 761&shy;8484 or by writing to the Employer Contribution Operations, P.O. Box 9953, Wilmington, DE 19809. Delaware Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Delaware/how-is-the-hearing-conducted.html <p>Prior to the hearing, you may wish to prepare notes of the facts involved in your case, such as the dates events took place, to refer to during the hearing. You should ask people who have personal knowledge of your case to appear as your witnesses. Subpoenas may be issued if required. Make sure you have copies of any documents for yourself, the employer and the Referee adjudicating the case.<p>Although the hearing is not a trial, it is a formal proceeding. Its purpose is to find facts and resolve eligibility issues between an employer and a former employee. Witnesses are sworn in, questioned and cross&shy;examined by the Appeals Referee. Each side presents its version of the facts. The hearing is tape&shy;recorded and the recorded testimony is included with documents and other evidence as part of the formal record of your appeal.<p>After the hearing, a Referee's Decision will be mailed to all parties involved. Delaware Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Delaware/how-much-compensation-can-i-receive.html <p>The Schedule of Benefits that you will receive when you file your new claim provides the range of minimum to maximum benefits for which you may be eligible. The amount is known as the weekly benefit amount and the current range is $20 to $330. <p>Unemployment benefit amounts are dependent on the amount of wages you earned during your base period (the first four of last five completed calendar quarters). You would take the two quarters in your base period when you were paid the highest wages. Divide the wages you earned in those two quarters by 46 to calculate how much you will receive per week. To be eligible for benefits, a covered employer must have paid you at least 36 times your weekly benefit amount in your base period. <p>The number of weeks you may receive benefits depends upon your total wages during your entire base period. If you remain totally unemployed and otherwise remain eligible, you can normally receive 26 times your weekly benefit amount. Delaware Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Delaware/how-often-do-i-have-to-file-claims.html <p>You must file a Weekly Pay Authorization every week you are claiming benefits. For unemployment, the week runs from Sunday to Sunday. Failure to return your Weekly Pay Authorization timely causes a delay in benefits and may result in denial of benefits. If you do not get a new Weekly Pay Authorization covering the weekly claim period in the mail within one week of the Sunday date you mailed your last Weekly Pay Authorization, it is your responsibility to report to the local unemployment insurance office on the next working day in order for your Weekly Pay Authorization to be received on time.<p>If you are eligible to receive benefits, your first check will normally be mailed within three weeks after filing your claim, and a check should arrive every week after that if you continue to mail your Weekly Pay Authorizations weekly. Delaware Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Delaware/how-often-must-my-employer-pay-my-wages.html <p>Employers are required to pay all wages due to employees on the regularly scheduled payday, designated in advance by the employer, and occurring at least once during each calendar month. Delaware Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Delaware/if-i-am-fired-from-my-job-how-soon-must-my-em.html <p>Whenever an employee quits, resigns, is discharged, suspended or laid off, the wages earned shall be paid on the next regularly scheduled payday. Delaware Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Delaware/is-a-work-permit-required-for-employment-of-a.html <p>The minimum age for employment in Delaware is 14 years. Anyone under the age of 18 must have a work permit on file with their employer. A new permit is required when a minor changes employers. Work permits are available at all Delaware public high schools and middle schools; some school district offices; and Department of Labor offices in Wilmington, Dover, Milford, and Georgetown. Delaware Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Delaware/please-explain-the-prevailing-wage-law.html <p>The Department of Labor establishes and enforces the payment of wage rates for laborers and mechanics employed on state&shy;funded construction projects. <p>Prevailing rates must be paid on new construction projects costing more than $100,000 and on alteration, repair, renovation, rehabilitation, demolition or reconstruction projects costing more than $15,000. For a project to be covered by the law, the State or any subdivision thereof must be a party to the publics works contract; and, the State must have appropriated any part of the funds.<p>The Department of Labor determines the classification of workers and the type of construction on state&shy;funded construction projects. Wage rates are established by an annual survey conducted by the Department. Delaware Labor and Employment FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Delaware/what-can-i-do-if-i-am-denied-benefits.html <p>If you do not agree with your monetary determination, or if you disagree with a determination that you are ineligible/disqualified for benefits, you may request a hearing before a referee. You may submit a request for a hearing in person or by writing to your local office. Requests for Appeals must be filed in person or be postmarked within 10 days of the date of the Notice of Determination.<p>A hearing is usually scheduled within a few weeks after an appeal is filed. All parties will receive a Notice of Hearing, including the time, date, location and issues to be covered in the hearing. Delaware Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Delaware/what-can-i-do-if-i-still-disagree-with-the-re.html <p>If there is still a disagreement, any party may appeal to the Unemployment Insurance Appeal Board. The appeal must be filed to the Board within 10 days of the mailing date on the Referee's decision. You must be specific as to your reasons for the appeal. Filing procedures are the same as those for the Lower Authority Appeals Unit.<p>The Appeal Board makes the final administrative review of your appeal. The Board does not hold hearings on every appeal request. Most cases are settled based upon a review of the formal record of the Referee Hearing, the Referee's Decision and the pertinent law.<p>A decision made by the Appeal Board may be appealed to Superior Court The Appeal Board will advise you on how to file such an appeal at the time you receive its decision. Delaware Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Delaware/what-constitutes-sexual-harassment.html <p>Sexual harassment can be any unwelcome sexual advance, request for sexual favor, or other verbal or physical conduct of a sexual nature. If the harassment is by a supervisor, your employer is responsible even if you have not complained. If the harassment is by a fellow worker or non&shy;employee, employers are responsible if you have complained to the employer and the employer has taken no action to stop the harassment. Delaware Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Delaware/what-does-the-office-of-safety-&-health-consu.html <p>The Safety & Health Consultation office provides a comprehensive safety and health review for small businesses in Delaware in order to help employers comply with federal OSHA regulations. On site visits include identifying physical safety violations; evaluating health risks such as noise levels, air quality, etc.; and providing proactive solutions to your company's safety and health challenges. <p>This office is strictly a consultation office and there are no fines or penalties involved. Work with your company is confidential from federal OSHA. The federal OSHA office is responsible for all OSHA enforcement within the State of Delaware. Delaware Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Delaware/what-is-sharp.html <p>This program provides incentives and support to small, high&shy;hazard employers. The program recognizes employers who have demonstrated exemplary achievements in workplace safety and health. To be considered for SHARP an employer must receive a comprehensive safety and health consultation visit, correct all workplace safety and health hazards, adopt and implement effective safety and health management systems, and agree to request further consultative visits if major changes in working conditions occur. Employers meeting these specific program requirements may be exempt from general scheduled OSHA inspections for one year. Delaware Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Delaware/what-is-the-office-of-occupational-safety-and.html <p>The Office of OSH Statistics collects and publishes statistics on work&shy;related injuries, illnesses, and fatalities. Participation in the survey used to compile these statistics is mandatory. The Office of OSH Statistics can supply the logs by calling (302) 761&shy;8221.The OSHA Log is kept at your establishment for 5 years. It is used to respond to the BLS Annual Survey and is posted at the establishment during the month of February. Delaware Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Delaware/what-should-i-do-if-i-feel-i-have-been-discri.html <p>If you believe you have been discriminated against, contact the Delaware Department of Labor's Office of Labor Law Enforcement. Keep records of incidents and names of witnesses. A charge of discrimination must be filed within 90 days of the alleged unlawful employment practice under state law and 300 days under federal law. Delaware Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Delaware/what-is-the-minimum-wage-in-delaware-.html <p>The minimum wage in Delaware is $7.15. Exceptions to the minimum wage include employees in agriculture; employees in domestic service in or about private homes; employees of the United States Government; outside commission paid salespeople, bona fide executives, administrators, and professionals; employees engaged in fishing and fish processing at sea; volunteer workers (for educational, religious or non&shy;profit organizations); junior camp counselors employed by non&shy;profit summer camp programs; and inmates participating in Department of Correction programs. </p> <p>The minimum cash wage payable to employees who receive tips is $2.23 per hour. Tips may not be taken or retained by an employer except as required by law. Tip pooling is permitted (under certain circumstances) in an amount not to exceed 15% of the actual tips received by the employee.</p> Delaware Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Age-Discrimination-in-Employment-Act-ADEA/Delaware/index.html Free Age Discrimination in Employment Act (ADEA) FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 11:57:52 GMT http://resources.lawinfo.com/en/Legal-FAQs/Americans-with-Disabilities-Act-ADA/Delaware/index.html Free Americans with Disabilities Act (ADA) FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 11:57:52 GMT http://resources.lawinfo.com/en/Legal-FAQs/Background-Checks/Delaware/index.html Free Background Checks FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 11:57:52 GMT http://resources.lawinfo.com/en/Legal-FAQs/Civil-Rights-Act-of-1964-Title-VII/Delaware/index.html Free Civil Rights Act of 1964 (Title VII) FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 11:57:52 GMT http://resources.lawinfo.com/en/Legal-FAQs/Cobra/Delaware/index.html Free Cobra Insurance FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 11:57:52 GMT http://resources.lawinfo.com/en/Legal-FAQs/Disability-Law/Delaware/index.html Free Disability Law FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 11:57:52 GMT http://resources.lawinfo.com/en/Legal-FAQs/Drug-Tests/Delaware/index.html Free Drug Tests FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 11:57:52 GMT http://resources.lawinfo.com/en/Legal-FAQs/EEO-1-Report/Delaware/index.html Free EEO-1 Report FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 11:57:52 GMT http://resources.lawinfo.com/en/Legal-FAQs/EEOC-Violations-and-Investigation/Delaware/index.html Free EEOC Violations & Investigation FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 11:57:52 GMT http://resources.lawinfo.com/en/Legal-FAQs/Employee-Retirement-Income-Security-Act-ERISA/Delaware/index.html Free Employee Retirement Income Security Act (ERISA) FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 11:57:52 GMT http://resources.lawinfo.com/en/Legal-FAQs/Discrimination-Employment/Delaware/index.html Free Employment Discrimination FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 11:57:52 GMT http://resources.lawinfo.com/en/Legal-FAQs/Fair-Labor-Standards-Act-FLSA/Delaware/index.html Free Fair Labor Standards Act (FLSA) FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 11:57:52 GMT http://resources.lawinfo.com/en/Legal-FAQs/Family-Medical-Leave-Act-FMLA/Delaware/index.html Free Family Medical Leave Act (FMLA) FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 11:57:52 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Management-Relations-Act-LMRA/Delaware/index.html Free Labor Management Relations Act (LMRA) FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 11:57:52 GMT http://resources.lawinfo.com/en/Legal-FAQs/Occupational-Safety-and-Health-Act-OSHA/Delaware/index.html Free Occupational Safety & Health Act (OSHA) FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 11:57:52 GMT http://resources.lawinfo.com/en/Legal-FAQs/Rehabilitation-Act-of-1973/Delaware/index.html Free Rehabilitation Act of 1973 FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 11:57:52 GMT http://resources.lawinfo.com/en/Legal-FAQs/Sexual-Harassment-HR/Delaware/index.html Free Sexual Harassment FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 11:57:52 GMT http://resources.lawinfo.com/en/Legal-FAQs/Wages-and-Hours/Delaware/index.html Free Wages and Hours FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 11:57:52 GMT http://resources.lawinfo.com/en/Legal-FAQs/WrongfulTermination/Delaware/index.html Free Wrongful Termination FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 11:57:52 GMT