CHAPTER 50

DELAWARE WORKMEN'S COMPENSATION LAW DEFINING CASUAL EMPLOYMENT

AN ACT TO AMEND CHAPTER 175 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED, "DELAWARE WORKMEN'S COMPENSATION LAW", BY DEFINING CASUAL EMPLOYMENT.

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

Section 1. That 6113. Sec. 43. of Chapter 175, of the Revised Code of Delaware, 1935, as amended, be further amended by striking out all of said 6113. Sec. 43. thereof and inserting in lieu thereof a new paragraph to be known as 6113. Sec. 43., as follows:

6113. Sec. 43. "Employee" Construed:--The term "employee" as used in this Chapter shall be construed to mean: Every person in service in the State of Delaware of the County of New Castle, or any corporation (private, public, municipal or public quasi), of any association, of any firm or of any person (excepting the employer mentioned in Sec. 48 and Sec. 49 hereof) under any contract of hire, expressed or implied, oral or written, or performing services for a valuable consideration, excluding executive officers of any corporation and executive officers for the purpose of this Act shall be construed to mean the President, any Vice-President, Secretary, Treasurer, or any other executive officer elected and empowered by the Board of Directors in accordance with the Charter and the regularly adopted By-laws of the Corporation, unless such officers elect to be covered under this Act, and also excluding any person whose employment is casual and not in the regular course of the trade, business, profession or occupation of his employer, and not including persons to whom articles or materials are furnished or repaired, or adopted for sale in the workman's own home, or on the premises not under the control or management of the employer. Casual employment shall mean employment for not over two weeks or a total salary during said employment not to exceed One Hundred Dollars ($100.00) and subject to the above, repairs and maintenance of employer's regular business shall not be construed as casual employment.

Approved February 28, 1947.