TITLE 29

State Government

Departments of Government

CHAPTER 85. DEPARTMENT OF LABOR


A Department of Labor is established, and shall have, in addition to the other powers, duties and functions vested in the Department by this chapter, the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:

(1) The Department of Labor and Industrial Relations pursuant to Chapters 1 and 13 of Title 19, except as provided in § 8513 of this title;

(2) The Delaware State Development Department pursuant to subsection (b) of § 8632 [repealed] of this title, only;

(3) The Employment Security Commission of Delaware pursuant to Chapters 31 and 33 of Title 19, not otherwise specifically assigned to an office, division or board in the Department.

29 Del. C. 1953, § 8501; 57 Del. Laws, c. 571, § 1.;

(a) The administrator and head of the Department shall be the Secretary of the Department of Labor, who shall be a person qualified by training and experience to perform the duties of the office, and preference shall be given to a resident of this State provided that such person is acceptable and equally qualified. The Secretary shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor. The Secretary shall be paid an annual salary not in excess of $28,000. The Secretary of the Department of Labor shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Secretary shall continuously be a resident of the State as long as he or she retains the office. Failure to obtain or retain such residency shall serve to terminate said office.

(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position or positions of division director as are vacant. Directors so appointed shall serve at the pleasure of the Governor, and upon the position of Secretary being filled, such directors may be removed by the Secretary with the written approval of the Governor.

(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint the director of any division of the Department to serve as Acting Secretary. The Secretary may, during the absence from the State, appoint the director of any division of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during such absence or incapacity or until a successor is duly qualified and appointed.

29 Del. C. 1953, § 8502; 57 Del. Laws, c. 571, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 140, § 7.;

The Secretary shall have the following powers, duties and functions:

(1) To supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions and employees;

(2) To appoint, and fix the salary of, with the written approval of the Governor, the following division directors and office heads, who may be removed from office by the Secretary with the written approval of the Governor, and who shall have such powers, duties and functions in the administration and operation of the Department as may be assigned by the Secretary:

a. An administrator and head of the Office of Administration, who shall be known as the Chief of Administration and who shall be qualified by training and experience to perform the duties of the office;

b. An administrator and head of the Office of Planning, Research and Evaluation, who shall be known as the Chief of Planning, Research and Evaluation, and who shall be qualified by training and experience to perform the duties of the office;

c. A Director of the Division of Employment Services, who shall be known as the Director of Employment Services, and who shall be qualified by training and experience to perform the duties of the office;

d. A Director of the Division of Unemployment Insurance, who shall be known as the Director of Unemployment Insurance, and who shall be qualified by training and experience to perform the duties of the office;

e. A Director of the Division of Industrial Affairs, who shall be known as the Director of Industrial Affairs, and who shall be qualified by training and experience to perform the duties of the office;

f. A Director of the Division of Vocational Rehabilitation, who shall be known as the Director of Vocational Rehabilitation, and who shall be qualified by training and experience to perform the duties of the office;

(3) To appoint such additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law;

(4) To establish, consolidate or abolish such divisions, subdivisions and offices within the Department or transfer or combine the powers, duties and functions of the divisions, subdivisions and offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, provided that all powers, duties and functions required by law shall be provided for and maintained;

(5) To make and enter into any and all contracts, agreements or stipulations, and to retain, employ and contract for the services of private and public consultants, research and technical personnel, and to procure by contract, consulting, research, technical and other services and facilities, whenever the same shall be deemed by the Secretary necessary or desirable in the performance of the functions of the Department and whenever funds shall be available for such purpose. All necessary legal services shall be provided pursuant to Chapter 25 of this title;

(6) To delegate any of the Secretary's powers, duties or functions to a director of a division, except the power to remove employees of the Department or to fix their compensation;

(7) To establish and to promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State;

(8) To maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department;

(9) To adopt an official seal or seals for the Department.

29 Del. C. 1953, § 8503; 57 Del. Laws, c. 571, § 1; 70 Del. Laws, c. 186, § 1.;

(a) The Office of Administration is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions respecting administrative services heretofore performed by the Employment Security Commission of Delaware in the exercise of its powers and duties pursuant to Chapters 31 and 33 of Title 19.

(b) In addition to the foregoing, the Office of Administration shall administer and coordinate the record keeping, transportation, fiscal affairs, data processing, accounting, statistics, personnel and such other general services for the Department as the Secretary may deem necessary for the proper, efficient and economical operation of the Department and shall coordinate such general services and business administration with other departments, agencies and offices of the government of this State.

29 Del. C. 1953, § 8504; 57 Del. Laws, c. 571, § 1.;

(a) The Office of Planning, Research and Evaluation is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions respecting statistical research and analysis regarding employment and unemployment heretofore performed by the Employment Security Commission of Delaware in the exercise of its powers and duties pursuant to Chapters 31 and 33 of Title 19.

(b) In addition to the foregoing, the Office of Planning, Research and Evaluation shall provide for and carry out the future comprehensive planning of the programs, policies and operations of the Department and the evaluation, necessary research, data collection and analysis of the programs, policies and operations of the Department.

29 Del. C. 1953, § 8505; 57 Del. Laws, c. 571, § 1.;

The Division of Employment Services is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions respecting employment services heretofore performed by the Employment Security Commission of Delaware in the exercise of its powers and duties pursuant to Chapters 31 (except for § 3155 [repealed] of Title 19 which shall be vested in the Department of Finance and the Department of Administrative Services as provided by law) and 33 of Title 19.

29 Del. C. 1953, § 8506; 57 Del. Laws, c. 571, § 1.;

Transferred.

(a) The Division of Unemployment Insurance is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions respecting unemployment insurance services heretofore performed by the Employment Security Commission of Delaware in the exercise of its powers and duties pursuant to Chapters 31 and 33 (except as set forth in § 8509 of this title) of Title 19.

(b) The administrative, ministerial, fiscal and clerical functions heretofore performed by the Employment Security Commission of Delaware in the exercise of its powers and duties as a review board, pursuant to Chapters 31 and 33 of Title 19, shall be performed by the Division of Unemployment Insurance.

29 Del. C. 1953, § 8508; 57 Del. Laws, c. 571, § 1.;

(a) The Employment Security Commission of Delaware, created by Chapter 31 of Title 19, is renamed the Unemployment Insurance Appeal Board and continued as a review board.

(b) Except as otherwise provided in subsection (b) of § 8508 of this title, the Unemployment Insurance Appeal Board is vested with the membership, remuneration, organization, powers, duties and functions heretofore vested in the Employment Security Commission in its capacity as a review board, with the power to hear appeals from the decisions of appeal tribunals as that power heretofore existed respecting decisions of appeal tribunals pursuant to Chapters 31 and 33 of Title 19. The right of appeal from determinations of the Employment Security Commission heretofore existing pursuant to law is continued respecting appeals from determinations of the Unemployment Insurance Appeal Board.

29 Del. C. 1953, § 8509; 57 Del. Laws, c. 571, § 1; 75 Del. Laws, c. 127, § 1.;

(a) The Division of Industrial Affairs is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:

(1) The Department of Labor and Industrial Relations, the Labor Commission, the State Child Labor Inspector, the Labor Inspector and the State Mediation Service pursuant to Chapters 1 (except § 104 of Title 19) and 5 of Title 19;

(2) The Department of Labor and Industrial Relations and the State Apprenticeship and Training Council pursuant to Chapter 2 of Title 19;

(3) The Labor Commission of Delaware and the Division Against Discrimination pursuant to Chapter 7 of Title 19;

(4) The Department of Labor and Industrial Relations pursuant to Chapters 8, 9 and 11 of Title 19.

(b) The administrative, ministerial, fiscal and clerical functions of the Industrial Accident Board, set forth in Chapter 23 of Title 19, shall be performed by the Division of Industrial Affairs.

29 Del. C. 1953, § 8510; 57 Del. Laws, c. 571, § 1; 71 Del. Laws, c. 84, § 27.;

(a) The Industrial Accident Board, created by Title 19, is continued.

(b) Except as otherwise provided in subsection (b) of § 8510 of this title, the Industrial Accident Board is vested with the membership, remuneration, organization, meetings, powers, duties and functions heretofore vested in the Industrial Accident Board by law, including jurisdiction of all cases arising under Chapter 23 of Title 19. The right of appeal from determinations of the Industrial Accident Board heretofore existing pursuant to law is hereby continued.

29 Del. C. 1953, § 8511; 57 Del. Laws, c. 571, § 1; 71 Del. Laws, c. 84, §§ 28, 29.;

(a) The Council on Apprenticeship and Training is established and shall serve in an advisory capacity to the Secretary of Labor and shall consider matters relating to apprenticeship and occupational training and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of Industrial Affairs. The Council may study, research, plan and advise the Director, the Secretary and the Governor on matters it deems appropriate, in order to enable the Division to function in the best possible manner.

(b) The Council on Apprenticeship and Training, upon the effective date of this chapter, shall be composed of the members of the State Council on Apprenticeship and Training whose terms, as of the effective date of this chapter, have not expired, with the exception of the Chairperson of the Department of Labor and Industrial Relations whose term shall end as of the effective date of this chapter. Each member shall serve on the Council on Apprenticeship and Training for the period of the member's unexpired term, unless the member vacates the member's position by resignation, death or incapacity or unless the person retires and ceases to be a working member of an employee organization or employer. The Council shall be composed of 7 members, 6 of whom shall be appointed by the Governor. Three of the appointed members shall be representatives of employee organizations and 3 of the appointed members shall be representatives of employers. The Director of the Department for Vocational Education shall be an ex officio voting member of the Council. The State Supervisor of the United States Department of Labor, Bureau of Apprenticeship and Training, shall be a consultant to the Council. The terms of the newly appointed members shall be staggered. The first 2 appointees shall serve for a term of 1 year, the next 2 appointees shall serve for a term of 2 years and the next 2 appointees shall serve for a term of 3 years. Thereafter, all new appointees shall serve for a term of 3 years, provided, however, that the Governor may appoint members for terms of less than 3 years to ensure that the Council members' terms expire on a staggered basis.

(c) At least 3, but no more than 4, of the newly appointed members of the Council shall be affiliated with 1 of the major political parties and at least 2, but no more than 3, of the newly appointed members shall be affiliated with the other major political party; provided, however, that there shall be no more than a bare majority representation of 1 major political party over the other major political party. Any person who declines to announce a political affiliation shall also be eligible for appointment as a member of the Council.

(d) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(e) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of 1 year and shall be eligible for reelection.

(f) Any appointment, pursuant to this section, to replace a member whose position becomes vacant prior to the expiration of the member's term shall be filled only for the remainder of that term.

29 Del. C. 1953, § 8512; 57 Del. Laws, c. 571, § 1; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 203, §§ 1, 2.;

(a) The Division of Vocational Rehabilitation is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions respecting vocational rehabilitation heretofore vested in the State Board for Vocational Education/Rehabilitation Division pursuant to Chapter 33 of Title 14.

(b) In implementing the transfer of personnel of the Division of Vocational Rehabilitation into the classified service under Chapter 59 of this title, the State Personnel Commission is directed to assign all positions of professional categories so that the salary schedules for the fiscal year ending June 30, 1971, set forth in 57 Delaware Laws, Chapter 333, shall, insofar as practicable, be incorporated into the classifications and pay plans of the Commission. In no event shall the minimum, intermediate or maximum amounts for any position be less than those which would otherwise have been available to such personnel. The State Personnel Commission is further directed to assign all positions of nonprofessional personnel to appropriate positions and pay grades within the classifications and pay plans of the Commission. If, however, the present salary of any such employee is not at an even step of a pay grade, such employee shall be paid at the next higher even step and, in no event shall the salary paid any such employee be lower than that for which such employee would otherwise be eligible as of July 1, 1970.

(c) Notwithstanding any other provision of law, the Division of Vocational Rehabilitation may employ 2 persons suffering from physical or mental disabilities, who are receiving services as clients of the Division at the date of hire, and who are able to perform job functions as defined by the Division, in a program of rehabilitation and training designed to enable them to become permanently employed.

Appointments shall not exceed 1 year per employee, and the positions shall be exempt from the classified service. Employment as rehabilitation aides shall constitute "credited service" for purposes of the state employees' pension plan, under § 5501 of this title. In addition, rehabilitation aides shall be entitled to all previous credited service as a state employee for purposes of pension eligibility.

29 Del. C. 1953, § 8513; 57 Del. Laws, c. 571, § 1; 64 Del. Laws, c. 393, § 1; 70 Del. Laws, c. 186, § 1.;

Repealed by 77 Del. Laws, c. 106, § 12, effective July 6, 2009.;

(a) The Governor's Council on Labor shall have access to all books, records, reports and other documents relating to the Department of Labor unless otherwise prohibited by law.

(b) The various councils of the division of the Department of Labor shall have access to all books, records, reports, and other documents relating to their respective divisions unless otherwise prohibited by law.

(c) The Chairperson of the Governor's Council on Labor and the chairpersons of the councils of the divisions of the Department shall make an annual report of the activities of each of the councils to the Secretary of the Department, the Governor and the General Assembly, and render such other reports as the Secretary, the Governor or the General Assembly may from time to time request or as may be required by law.

29 Del. C. 1953, § 8515; 57 Del. Laws, c. 571, § 1; 70 Del. Laws, c. 186, § 1.;

The following positions set forth in this chapter shall be exempt from Chapter 59 of this title:

(1) Secretary of Labor;

(2) Director of Employment and Training;

(3) Director of Industrial Affairs;

(4) Director of Unemployment Insurance;

(5) Director of Vocational Rehabilitation;

(6) Chief of the Office of Occupational and Labor Market Information; and

(7) Executive Director of the Workforce Investment Board.

29 Del. C. 1953, § 8516; 57 Del. Laws, c. 571, § 1; 68 Del. Laws, c. 290, § 203; 70 Del. Laws, c. 527, § 1; 72 Del. Laws, c. 392, § 4.;

Notwithstanding any other provisions of this chapter, the Secretary of Labor, with the approval of the Governor, is authorized and directed to take such action with respect to merit system coverage of personnel as may be necessary to qualify, or continue the eligibility of, this State for grants-in-aid under any federal law or program.

29 Del. C. 1953, § 8517; 57 Del. Laws, c. 571, § 1.;

The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions vested by law in the Department of Labor and Industrial Relations, Employment Security Commission of Delaware, State Mediation Services, State Apprenticeship and Training Council, Industrial Accident Board and State Board for Vocational Education/Rehabilitation Division immediately prior to the effective date of this chapter and which are not otherwise specifically transferred to the Department by this chapter, excepting only those powers, duties and functions expressly vested in or retained by any such person, department, board, commission or agency.

29 Del. C. 1953, § 8518; 57 Del. Laws, c. 571, § 1.;

Any and all rights of appeal now existing by law, with respect to any act or acts constituting the exercise of any function or functions transferred by this chapter to the Department or to any division or subdivision thereof, shall continue to exist with respect to such act or acts as are hereafter performed by the Department or by the division or office to which such function is transferred and each appeal shall be perfected in the manner heretofore provided by law.

29 Del. C. 1953, § 8519; 57 Del. Laws, c. 571, § 1.;

(a) All books, records, papers, maps, charts, plans and other material including, but not limited to, any equipment in the possession of any agency of the State and used in connection with a function transferred by this chapter to the Department shall, on the effective date of this chapter, be delivered into the custody of the Department. All investigations, petitions, hearings and legal proceedings pending before or instituted by any agency from which functions are transferred and not concluded prior to the effective date of this chapter shall continue unabated and remain in full force and effect, notwithstanding the passage of this chapter, and where necessary, may be completed before, by or in the name of the Department. All orders, rules and regulations made by any agency from which functions are transferred and governing such functions and which are in effect upon the effective date of this chapter shall remain in full force and effect until revoked or modified in accordance with law by the Department. All contracts and obligations of any agency made or undertaken in the performance of a function transferred to the Department and being in force on the effective date of this chapter, shall, notwithstanding this chapter, remain in full force and effect and be performed by the Department.

(b) Employees of any commission, board, department, council or agency, whose functions are consistent with and have been transferred to the Department by this chapter, shall continue and be deemed to be the employees of the Department on the effective date of this chapter, and, where applicable, with all the benefits accrued as merit employees as of the effective date of this chapter.

(c) All definitions and references to any commission, board, department, council or agency which appear in any other act or law shall, to the extent that the same are consistent with this chapter and in connection with a function transferred by this chapter to the Department, be construed as referring and relating to the Department of Labor as created and established by this chapter.

(d) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law, shall, to the extent that same are consistent with this chapter, and in connection with functions transferred to the Department by this chapter, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter.

29 Del. C. 1953, § 8520; 57 Del. Laws, c. 571, § 1.;

The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department's operations and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law.

29 Del. C. 1953, § 8521; 57 Del. Laws, c. 571, § 1.;

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey to the Department or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.

29 Del. C. 1953, § 8522; 57 Del. Laws, c. 571, § 1.;

The Secretary, in cooperation with the division directors, shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly. Special funds may be used in accordance with approved programs, grants and appropriations.

29 Del. C. 1953, § 8523; 57 Del. Laws, c. 571, § 1.;

All other laws or parts of laws now in effect inconsistent with this chapter are hereby repealed, superseded, modified or amended so far as necessary to conform to, and give full force and effect to, this chapter.

29 Del. C. 1953, § 8525; 57 Del. Laws, c. 669, § 15.;

The Department of Labor and the Delaware Economic Development Office shall be jointly responsible for developing new and improved employment opportunities and coordinating with all other state and local agencies and private organizations in this field. The Governor and the General Assembly shall be kept fully apprised by the Department of Labor and the Delaware Economic Development Office of all state, local and private activities in the employment development field.

63 Del. Laws, c. 189, § 6; 69 Del. Laws, c. 458, § 1.;