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Welcome to the Department of Labor! Today is Wednesday, May 06, 2009.

Department of Labor

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Message from, John McMahon Secretary of Labor

The Labor Department's support to the residents and businesses of Delaware, along with this web site, is continually updated to meet the changing needs of all sectors of Delaware's workforce. Many challenges are met daily as the Department utilizes state-of-the-art technology and a well trained customer service oriented staff to better serve and support the needs of all of Delaware's employees and employers.

The Department of Labor and its partner, the Delaware Workforce Investment Board, strive to work together to help Delaware businesses build a strong and successful workforce. Visit the Workforce Investment Board to read about what role the board plays in job development in Delaware.

Information about how to locate a job, find and hire workers, and understand what the growing occupations, unemployment rates and the hot jobs in Delaware are in the Labor Market Information section.

News

Tier 2 EUC (Emergency Unemployment Compensation) Now Available
- Beginning with the week of March 29-April 4, 2009, unemployed Delaware workers will be eligible for up to thirteen additional weeks of unemployment insurance benefits under the provisions of the federal Emergency Unemployment Compensation (EUC) program.
These additional weeks of benefits have become available under the Unemployment Compensation Extension Act of 2008 that was enacted last November and provides for a Tier 2 level of EUC if certain economic conditions exist in a state. Specifically, Delaware now qualifies for a Tier 2 level of EUC because the state's three-month seasonally adjusted total unemployment rate (TUR) is now equal to or greater than 6.0%.
The Division of Unemployment Insurance will mail notices with information and instructions to individuals who have already exhausted the 20 weeks of EUC that were initially available to them and may now be entitled to these additional weeks of benefits if they are still unemployed. Notices will also be mailed to individuals who are currently collecting EUC when they exhaust their initial 20 weeks of these benefits.
These additional weeks of benefits increase the number of weeks of EUC now available to unemployed Delaware workers from a maximum of 20 weeks to a maximum of 33 weeks.

Discrimination in Employment Regulations to Take Effect January 1, 2009
- In accordance with 19 Del. C. § 712(a)(2), Secretary Sharp has approved the final regulations to govern the Discrimination in Employment Administrative Process. The new regulations include requirements for filing and answering discrimination complaints; timetables and deadlines; and procedures for mediation, investigation, and conciliation.
Read a user-friendly summary of the regulations in the Delaware Employment Law Blog!

Expansion of the Extension of Unemployment Insurance Benefits
- On Friday, November 21, 2008, President Bush signed the Unemployment Compensation Extension Act of 2008 that amends Title IV of the Supplemental Appropriations Act of 2008 that was enacted this past June. Title IV of that legislation created the Emergency Unemployment Compensation (EUC) program. Under the provisions of this latest legislation, unemployed Delaware workers are now eligible for up to seven additional weeks of extended unemployment insurance benefits through an expansion of the EUC program that will run through the end of August 2009. As a result, the number of weeks of EUC benefits now available to unemployed Delaware workers has been increased from a maximum of 13 weeks to a maximum of 20 weeks. The Division of Unemployment Insurance will mail notices about the expansion of the EUC program to individuals who may be entitled to these additional benefits.

Extension of Unemployment Insurance Benefits
- On June 30, 2008, President Bush signed Public Law 110-252, the Supplemental Appropriations Act, 2008. Title IV of this legislation created the Emergency Unemployment Compensation (EUC) program that will provide up to thirteen weeks of additional unemployment insurance benefits for unemployed workers who have exhausted their regular state unemployment insurance benefits on an initial claim filed with an effective date of May 7, 2006 or later. EUC benefits will be available from the week ending July 12, 2008 through the week ending July 4, 2009 under this legislation. The Division of Unemployment Insurance will mail notices about the EUC program to individuals who may be entitled to these additional benefits if they are currently unemployed.

Workers' Compensation Health Care Payment System
- In accordance with 19 Del. C. § 2322, and effective 5/23/08, the Governor appointed Health Care Advisory Panel (HCAP) established a Workers' Compensation Health Care Payment System (HCPS) for Delaware. This new system includes health care practice guidelines; certification of health care providers; a fee schedule; health care provider and employer forms; and utilization review.
Wage and Hour
- Delaware's Wage Payment and Collection Act (19 Del. C. Chapter 11), Minimum Wage Act (19 Del. C. Chapter 9) and Discrimination in Employment Act (19 Del. C. Chapter 7) all have posting requirements. - The Department of Labor can collect minimum wages on behalf of Delaware workers. The minimum wage is $7.15 as of January 1, 2008.



Workers' Compensation Requirement for Independent Contractors
- On May 23, 2007 Governor Minner signed Senate Substitute 1 for Senate Bill Number 68 that amended workers' compensation insurance requirements for contractors, independent contractors' partners and sole proprietors. Section 2308 of title 19 extends the election of an exemption to four members of a limited liability corporation. Section 2311 of title 19 clarifies the obligation that partners and sole proprietors must maintain workers' compensation insurance in the construction industry. Four executive officers who are stockholders of a corporate entity or four members of a limited liability corporation may elect to be exempt from coverage provided the election is in writing. This requirement also applies to the construction industry as defined in 30DelC25. The effective date of the mandatory insurance coverage is July 17, 2007. For additional information please contact the Office of Workers' Compensation, Department of Labor at 302-761-8200 in Wilmington or 302-422-1392 in Milford.

Unemployment Insurance
- Pursuant to HB 144 signed into law on June 18, 2007, the taxable wage base will be increased from $8,500 to $10,500 effective January 1, 2008. Accordingly, starting with unemployment insurance taxes due for the first quarter of calendar year 2008 and thereafter, employers will pay unemployment insurance tax on the first $10,500 of earnings of each employee instead of the first $8,500 of earnings of each employee. And for “benefit wages” charged to employer accounts based on unemployment insurance benefits claims filed effective January 1, 2008 and thereafter, the maximum “benefit wage” charge per claim also increases from $8,500 to $10,500. Any questions regarding the increase in taxable wage should be directed to the UI Tax Operations Unit at (302) 761-8482.

DOL Prevailing Wage
- Delaware's Prevailing Wage Law 29 Del. C. § 6960 requires the predetermination of wage rates which are prevailing on state-funded construction projects. The Office of Labor Law Enforcement identifies projects by end use and classifies them into three categories of construction. To request a certified prevailing wage rate category determination to be used in bid packets please click this link.
- Pursuant to 29 Del. C. § 6960(c), effective June 30, 2007, all contractors and subcontractors performing work on public work projects are required to furnish sworn payroll records on a weekly basis to the Department of Labor. The sworn payrolls are to be mailed to: Delaware Department of Labor, Office of Labor Law Enforcement 225 Corporate Boulevard, Suite 104 Newark, Delaware 19702. Click this link to obtain a sworn certified payroll report form.

Workers' Compensation Employer Insurance Information
- Delaware employer workers' compensation insurance information is now available online. To access this information click on www.delawareworks.com/compsearch. Type in the employer's name and click on search. Click on the employer's name and the insurance history screen for the employer will appear.
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Last Updated: Friday February 06 2009
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