DelawareAN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO LABOR.
What it does
Chapter 35 of Title 19 prohibits an employer from improperly classifying an individual who is an employee as an independent contractor. Not only is this improper classification unfair to employees because it violates state and federal laws related to income tax withholding, unemployment insurance, wage laws, and workers’ compensation, it is also unfair to contractors who comply with Chapter 35 and these other employment laws.
More detail
When employers who violate Chapter 35 are subcontractors who have not registered as contractors as required under Chapter 36 of Title 19, the Department of Labor (Department) has no recourse for enforcing compliance with Chapter 35. This Act makes a general contractor responsible for a subcontractor’s compliance with Chapter 35 by making the general contractor jointly and severally liable for restitution and penalties assessed against the subcontractor. This Act also allows the Department to deny, suspend, or revoke the certificate of registration of a contractor who contracts with a subcontractor who has not registered on any project.
In addition, Section 3 of this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jan 28Enacted into LawBecame Law
- Vote recorded Veto Override. Result: pass.Lower
- Vote recorded Veto Override. Result: pass.Upper
- Jan 28Veto Override Passed in the House. 25 YES 15 NO 1 ABSENTMajor
- Jan 28Veto Override Passed in the Senate. 15 YES 6 NOMajor
- Jan 28Enacted into LawBecame Law
- 2025
- Aug 28Vetoed by Governor Matt MeyerMajor
- Jun 25Passed By House. Votes: 25 YES 13 NO 2 ABSENT 1 VACANTPassed House
- Vote recorded Passage. Result: pass.Lower
- Jun 17Reported Out of Committee (Labor) in House with 2 Favorable, 6 On Its MeritsMinor
- May 14Assigned to Labor Committee in HouseMinor
- May 13Passed By Senate. Votes: 14 YES 7 NOPassed Senate
- Vote recorded Passage. Result: pass.Upper
- May 13Amendment SA 1 to SB 63 - Passed By Senate. Votes: 21 YESMajor
- May 8Amendment SA 1 to SB 63 - Introduced and Placed With BillMinor
- Apr 9Reported Out of Committee (Labor) in Senate with 1 Favorable, 3 On Its MeritsMinor
- Mar 6Introduced and Assigned to Labor Committee in SenateIntroduced