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DE SB324

Bill

Status

Introduced

6/11/2024

Primary Sponsor

Jack Walsh

Click for details

Origin

Senate

152nd General Assembly

AI Summary

Senate Bill 324 Summary

  • Modernizes Department of Labor inspection procedures under Title 19 Chapter 1, including allowing ex parte warrant applications for workplace inspections and clarifying the Department's authority to question employees and inspect records.

  • Increases civil penalties for wage and hour violations, prevailing wage violations, and retaliation: raises minimum penalty from $1,000 to $2,000 and maximum from $5,000 to $20,000 for general violations; establishes $20,000-$50,000 penalties for retaliation.

  • Creates new wage theft statute (§ 1102A) addressing six forms of wage theft including unreported employment, failure to withhold/forward taxes, below-minimum wage payments, worker misclassification, and conspiracy to violate wage laws.

  • Establishes administrative enforcement procedures requiring the Department to provide notice of penalties, allow 10-day request for hearing before the Director or Secretary, and permit Superior Court appeals within 30 days with limited review based on substantial evidence.

  • Closes retaliation loophole by protecting "individuals" rather than only current "employees," covering those terminated in retaliation for complaints, investigations, or testimony related to wage and hour violations.

Legislative Description

An Act To Amend Title 19 And Title 29 Of The Delaware Code Relating To Administrative Procedures And Wage And Hour Enforcement.

Last Action

Introduced and Assigned to Labor Committee in Senate

6/11/2024

Committee Referrals

Labor6/11/2024

Full Bill Text

No bill text available