CHAPTER 369

FORMERLY

HOUSE BILL NO. 699

AN ACT TO AMEND CHAPTER 9, TITLE 19 OF THE DELAWARE CODE RELATING TO THE MINIMUM WAGE ACT.

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

Section 1. Amend Section 911(b), Chapter 9, Title 19 of the Delaware Code, by striking said subsection in its entirety and substituting in lieu thereof the following:

"§911. Remedies of Employees

(b) Whenever the Department believes that wages, as required under this Chapter, have not been paid, the Department may bring any legal action necessary to collect such claim. The Department shall attempt to notify affected employees of its action. Should the Department prevail the employer shall also be liable to pay the costs of the action, necessary expenses of prosecution and reasonable attorney's fees. All expenses and attorney's fees collected by the Department shall be remitted by the Department to the State Treasurer. Any wages collected pursuant to this subsection but not claimed by the employee entitled thereto within one year from the date of collection shall be remitted by the Department to the State Treasurer."

Approved June 30, 1986.