CHAPTER 281 - UNEMPLOYMENT COMPENSATION COMMISSION LAW

AN ACT TO AMEND AN ACT KNOWN AND CITED AS THE "UNEMPLOYMENT COMPENSATION LAW," BEING CHAPTER 258 OF THE LAWS OF DELAWARE, 1937, AS AMENDED, BY CHANGING THE BASIS OF BENEFITS FROM "WAGES PAYABLE" TO "WAGES PAID" AND BY GIVING A NEW DEFINITION OF THE "DURATION OF BENEFITS."

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Section 2 (c) of Chapter 258 of the Laws of Delaware, 1937, as amended, (known and cited as the "Unemployment Compensation Law"), be and the same is hereby amended by striking out all of the said Section 2 (c) and inserting in lieu thereof the following:

Sec. 2 (c) "Benefit Year" with respect to any individual means the fifty-two consecutive-week period beginning with the first day of the first week with respect to which the individual first files a valid claim for benefits, and thereafter the fifty-two consecutive-week period beginning with the first day of the first week with respect to which the individual next files a valid claim for benefits after the terminaton of his last preceding benefit year. Any claim for benefits made in accordance with Section 6 (a) of this Act shall be deemed to be a "valid claim" for the purposes of this subsection if the individual has been paid the wages for employment required under Section 4 (e) of this Act.

Section 2. That Section 2(g) of Chapter 258 of the Laws of Delaware, 1937, as amended, (known and cited as the "Unemployment Compensation Law"), be and the same is hereby amended by striking out all of the said Section 2(g) and inserting in lieu thereof the following:

Sec. 2(g) "Employing unit" means any individual or type of organization, including any partnership, association, trust, estate, joint stock company, insurance company, or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, or the legal representative of a deceased person, which has or subsequent to January 1, 1936, had in its employ one or more individuals performing services for it within this State. All individuals performing services within this State for any employing unit which maintains two or more separate establishments within this State shall be deemed to be employed by a single employing unit for all other purposes of this Act. Whenever any employing unit contracts with or has under it any contractor or subcontractor for any work, which is part of its usual trade, occupation, profession, or business, unless the employing unit as well as each such contractor or subcontractor is an employer by reason of section 2 (h) or section 8 (c) of this Act, the employing unit shall for all the purposes of this Act be deemed to employ each individual in the employ of each such contractor or subcontractor for each day during which such individual is engaged in performing such work; except that each such contractor or subcontractor who is an employer by reason of section 2 (h) or section 8(c) of this Act shall alone be liable for the employers' contributions measured by wages paid to individuals in his employ, and except that any employing unit which shall become liable for and pay contributions with respect to individuals in the employ of any such contractor or subcontractor who is not an employer by reason of section 2 (h) or section 8 (c) of this Act, may recover the same from. such contractor of subcontractor. Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit shall be deemed to be employed by such employing unit for all the purposes of this Act, whether such individual was hired or paid directly by such employing unit or by such agent or employee, providing the employing unit had actual or constructive knowledge of the work.

Section 3. That Section 3 (b) of Chapter 258 of the Laws of Delaware, 1937, as amended, (known and cited as the "Unemployment Compensation Law"), be and the same is hereby amended by striking out all of the said Section 3 (b) and inserting in lieu thereof the following:

Sec. 3 (b) WEEKLY BENEFIT AMOUNT. An individual's "weekly benefit amount" shall be an amount equal to one-twenty-fifth of his total wages for employment by employers paid during that quarter of his base period in which such total wages were highest, except that if such amount is more than Fifteen Dollars, the weekly benefit amount shall be deemed to be Fifteen Dollars, or if less than Five Dollars, shall be deemed to be Five Dollars, and if not a multiple of Fifty Cents, shall be computed to the next higher multiple of Fifty Cents.

Section 4. That Section 3(e) of Chapter 258 of the Laws of Delaware, 1937, as amended, (known and cited as the "Unemployment Compensation Law"), be and the same is hereby amended by striking out all of the said Section 3 (e) and inserting in lieu thereof the following:

Sec. 3(e) DURATION OF BENEFITS. Any otherwise eligible individual shall be entitled during any benefit year to a total amount of benefits equal to whichever is the lesser of thirteen times his weekly benefit amount, and one-third of his wages for employment by employers paid during his base period; provided that such total amount of benefits, if not a multiple of Fifty Cents, shall be computed to the next higher multiple of Fifty Cents. For the purpose of this section, wages shall be counted as wages for employment by employers for benefit purposes with respect to any benefit year only if such benefit year begins subsequent to the date on which the employer by whom such wages were paid has satisfied the conditions of Section 2 (h) or Section 8(c) with respect to becoming an employer.

Section 5. That Section 4 (e) of Chapter 258 of the Laws of Delaware, 1937, as amended, (known and cited as the "Unemployment Compensation Law"), be and the same is hereby amended by striking out all of the said Section 4(e) and inserting in lieu thereof the following:

Sec. 4(e) He has during his base period been paid wages for employment equal to not less than one hundred twenty-five dollars ($125.00). For the purpose of this subsection wages shall be counted as wages for employment by employers for benefit purposes with respect to any benefit year only if such benefit year begins subsequent to the date on which the employing unit by which such wages were paid has satisfied the conditions of Section 2(h) or Section 8(c) with respect to becoming an employer.

Section 6. This Act shall become effective July 1, 1941.

Approved May 26, 1941.