CHAPTER 226

FORMERLY

HOUSE BILL NO. 245

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER II, TITLE 19 OF THE DELAWARE CODE PERTAINING TO EMPLOYEE TERMINATION PAY AND CLARIFYING THE PROVISION OF EMPLOYEE REMEDIES TO WAGE CASES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 1103, Chapter 11, Title 19 of the Delaware Code, by striking R in its entirety and by substituting in lieu thereof the following:

§1103. Employees separated from the Payroll before regular paydays

(a) Whenever an employee quits, resigns, is discharged, suspended or laid off, the wages earned by the employee shall be come due and payable by the employer on the next regularly scheduled payday(s) either through the usual pay channels or by mail, if requested by the employee, as if the employment had not been suspended or terminated.

(b) If an employer, without any reasonable grounds for dispute, fails to pay an employee wages, as required under this Chapter, the employer shall, in addition, be liable to the employee for liquidated damages in the amount of ten percent (10%) of the unpaid wages for each day, except Sunday and legal holidays, upon which such failure continues after the day upon which payment is required or in an amount equal to the unpaid wages, whichever is smaller, except that, for the purpose of such liquidated damages, such failure to pay shall not be deemed to continue after the date of the filing of a petition of bankruptcy with respect to the employer if he is adjudicated bankrupt thereupon. An employer who is unable to prepare the payroll due to a labor dispute, power failure, blizzard or like weather, catastrophe, epidemic, fire or explosion shall not be deemed to have violated this Chapter."

Section 2. Amend Subsection (a), Section 1113, Chapter 11, Title 19 of the Delaware Code, by placing a period (.) after the word "jurisdiction" as it appears therein and by striking the following words as they appear therein:

"by any one or more for and In behalf of himself or themselves, or such employee or employees may designate an agent or representative to maintain such action."

Section 3. Amend Subsection (b), Section 1113, Title 19 of the Delaware Code, by striking said subsection in its entirety and by substituting In lieu thereof the following:

"(b) Whenever the Department determines that wages, as required under this Chapter, have not been paid the Department may bring any legal action necessary to collect such claim. With the consent of the aggrieved employee, the Department shall have the power to settle and adjust any such claim to the same extent as might the assigning employee."

Approved February 7, 1984.