CHAPTER 294

FORMERLY

SENATE BILL NO. 336

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO CHANGING CRIMINAL PENALTIES TO CIVIL PENALTIES FOR VIOLATIONS OF LABOR LAWS.

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

Section 1. Amend Section 116, Chapter 1, Title 19 of the Delaware Code by deleting it in its entirety and substituting in lieu thereof the following:

Any person who violates or fails or refuses to comply with §§101-115, inclusive, of this title, or any lawful order of the Department or any judgment or decree made by any court in connection with this chapter for which no penalty has been otherwise provided, shall be assessed a civil penalty of not less than $1,000 nor more than $5,000 for each such violation; and each day such violation, omission, failure or refusal continues after notification or entry of the decree of a court shall be deemed a separate violation. A civil penalty claim may be filed in any court of competent jurisdiction."

Section 2. Amend the title of Section 116, Chapter 1, Title 19 of the

Delaware Code by deleting the words "; false evidence constitutes perjury".

Section 3. Amend Section 509, Chapter 5, Title 19 of the Delaware Code by deleting it in its entirety and substituting in lieu thereof the following:

"(a) It is unlawful to interfere with or hinder the Department of Labor in the performance of its duties under this chapter, or knowingly to give false information to the Department of Labor. Any person who is found to have violated the provisions of this subsection shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each such violation.

(b) Any employer who employs or permits a minor to work in violation of any provision of this chapter shall be subject to a civil penalty of $10,000 for each such violation.

(c) Any employer who discharges or in any manner discriminates against any employee who has made a complaint or has given information to the Department pursuant to this chapter, or because he or she has caused to be instituted or is about to cause to be instituted any proceeding under this chapter, or has testified or is about to testify in any such proceedings shall be assessed a civil penalty of not less than $1,000 nor more than $5,000 for each such violation.

(d) A civil penalty claim may be filed in any court of competent jurisdiction."

Section 4. Amend Section 701(b), Chapter 7, Title 19 of the Delaware Code by deleting it in its entirety and substituting in lieu thereof the following:

"(b) Any employer, whether an individual, member of a firm, agent or officer of a corporation, who shall knowingly violate this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. A civil penalty claim may be filed in any court of competent jurisdiction."

Section 5. Amend Section 702(b), Chapter 7, Title 19 of the Delaware Code by deleting it in its entirety and substituting in lieu thereof the following:

"(b) Every corporation or joint stock association or person carrying on such a business by lease or otherwise who knowingly does not pay the wages of all its or his or her employees in accordance with this section, and the officers of such corporation or joint stock association who knowingly permit a corporation or joint stock association to violate this section by failing to pay the wages of any of its employees, shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. A civil penalty claim may be filed in any court of competent jurisdiction."

Section 6. Amend Section 703(b), Chapter 7, Title 19 of the Delaware Code by deleting it in its entirety and substituting in lieu thereof the following:

"(b) Whoever violates this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. A civil penalty claim may be filed in any court of competent jurisdiction."

Section 7. Amend Section 704(c), Chapter 7, Title 19 of the Delaware Code by deleting it in its entirety and substituting in lieu thereof the following:

"(c) Whoever violates this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. A civil penalty claim may be filed in any court of competent jurisdiction."

Section 8. Amend Section 707(b), Chapter 7, Title 19 of the Delaware Code by deleting the words "and be subject to an administrative penalty of not more than $1,000 for each such violation" and by placing a period (".") at the end of the word "section".

Section 9. Further amend Section 707, Chapter 7, Title 19 of the Delaware Code by adding the following subsection (c):

"(c) Whoever violates this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. Jurisdiction of violations of this subchapter shall be in any court of competent jurisdiction."

Section 10. Amend Section 718, Chapter 7, Title 19 of the Delaware Code by deleting it in its entirety and substituting in lieu thereof the following:

"Any employer who shall violate the provisions of this subchapter or subchapter III shall be fined not less than $1,000 nor more than $5,000 for each violation, in addition to any liability for damages. Jurisdiction of violations of this subchapter and subchapter III shall be with the Equal Employment Review Board."

Further Amend Section 718, Chapter 7, Title 19 of the Delaware Code by deleting the title in its entirety and substituting in lieu thereof the following title:

1718. Civil Jurisdiction."

Section 11. Amend Section 735, Chapter 7, Title 19 of the Delaware Code by deleting it in its entirety and substituting in lieu thereof the following:

Any employer who refuses an employee access to personnel files as provided in this subchapter shall be deemed in violation of this subchapter and shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. A civil penalty claim may be filed in any court of competent jurisdiction."

Section 12. Amend Section 910, Chapter 9, Title 19 of the Delaware Code by deleting it in its entirety and substituting in lieu thereof the following:

"(a) Any employer who hinders or delays the Department in the performance of its duties or refuses to admit the Department to the premises or place of business or employment in violation of any court order, or fails to make, keep and preserve any books, registers, payrolls or other records or falsifies the same, or refuses to make the same accessible to the Department, or refuses to furnish a sworn statement of the same or any other information, or fails to post a summary of this chapter or of any applicable regulations published thereunder or summary thereof, or pays or agrees to pay wages at a rate less than the rate applicable, or otherwise violates this chapter or any regulation published thereunder shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each such violation.

(b) Any employer who discharges or who in any manner discriminates against an employee because that employee made a complaint or gave information to the Department pursuant to this chapter, or caused or is about to cause any proceedings to be instituted under this chapter, or has testified or is about to testify in any such proceedings shall be deemed in violation of this chapter and shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each such violation.

Section 13. Further amend Section 910, Chapter 9, Title 19 of the Delaware Code by adding a new subparagraph (c) as follows:

"(c) A civil penalty claim may be filed in any court of competent jurisdiction."

Section 14. Amend Section 1112, Chapter 11, Title 19 of the Delaware Code

by deleting it in its entirety and substituting in lieu thereof the following:

"(a) Any employer who violates or fails to comply with any requirement of this chapter or any regulation published thereunder shall be deemed in violation of this chapter and shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each such violation.

(b) Any employer who discharges or in any manner discriminates against an employee because that employee has made a complaint or has given information to the Department pursuant to this chapter, or because he or she has caused to be instituted or is about to cause to be instituted any proceedings under this chapter, or has testified or is about to testify in any such proceedings shall be subject to a civil penalty of not less than $1.000 nor more than $5,000 for each such violation.

(c) Any employer who falsely makes, utters, draws or delivers any receipt or statement that credit to a bank account of any employee has been made in payment of wages due shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each such violation.

(d) A civil penalty claim may be filed in any court of competent jurisdiction."

Approved July 5, 1994.