Delaware Labor Law Board

July 31st, 2006 Posted by Kimberly

The Delaware Labor Law Board governs much of the state’s important labor decisions.  Those decisions affect each of our lives on a very daily basis.  Many people do not know just what the labor board can do for them, though.  For example, it provides many services that are essential to the well being of the state including state summer youth services, resource networks to help with placement, even job opportunities that may be available through the governmental agencies or other providers.

In Delaware, Governor Ruth Ann Minner provides for many of the necessary decisions with the labor board that affects the people of our state.  For example, to help get new businesses up and running, the governor and the Delaware Labor Law Board put forth a measure that is called One Stop Business Licensing And Registration where businesses can easily apply for their business license right on the web.  It helps to save time so that new businesses can get up and running, employing more people faster.  This is only one of the many programs that the Department of Labor in Delaware offers to help those that need it with their needs.

The Delaware Labor Law Board also provides for the unemployed within our state as well.  With unemployment insurance, people get the help they need with this benefits program that is soon to be done right on the web.  You can learn if you qualify for unemployment benefits right online as well. 

If you need help with wrongful termination, with getting necessary training or with learning what new laws are in the process of being passed, this is the agency to look towards for your specific answers.  They provide a good amount of the necessary information to help you to make sure that the work force you are in is one of the best.

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Posted in Compliance Issues, Delaware, Department of Labor

  1. Posted by: joseph bugieda

    I was terminated and it is written down as sexual harrassment. This was an group of coworkers passing pictures around on an cellphone. The HR deptment decided to have an meeting and handle it as an in office thing. No one is to get fired and everyone has an clean slate, is the way it was presented at an August 14th meeting. On August 21st I was terminated with sexual harrassment written on the termination paper. Which I was turn down for 4 stated jobs because I have
    to sign a release form for my records. This was a cell phone, and everyone was supposed to get a clean slate. Also on paper threats which was between 2 bosses. One boss wrote an memo stating the boss threating him (I have this memo and took it to corperate complice which agree) I was wrongful terminated. Can’t get a job because what is written! Labor Department also sent me an letter that I was terminated with unjust cause, and given unemployment.

  2. Posted by: Amelia

    Hi Joseph! You don’t actually ask a question, but there are two issues here: Wrongful termination and trying to get a job after being terminated for sexual harassment.

    You seem to think that because the pictures were circulated by cell phone, you should receive a free pass. This is not true. You do not say whether the pictures were of coworkers, or perhaps nude pics from the internet. Either way, circulating them to coworkers is completely unacceptable, and almost any company would consider this sexual harassment (or a hostile work environment.) This is true whether the picture is hung on the wall, sent by email, or by cell phone.

    It is odd that the HR department had a meeting on August 14 and agreed to give everyone a clean slate, and then fired you for the incident on August 21. This would be understandable if new information came to light after August 14, showing more serious transgressions. Or…are you sure you didn’t send another picture by cell phone after August 14?? If the conduct continues after a warning, obviously the employee is going to be fired.

    It is also possible that the HR department’s decison was overruled by upper management.

    To be honest, we think there is more here, that you are not telling us. And we are not clear how the letters between two bosses are relevant.

    Collecting unemployment does not necessarily mean that you were wrongfully terminated. It may mean that the employer was one day late in sending the paperwork to the unemployment office.

    You can certainly hire a lawyer and pursue a lawsuit for wrongful termination. If several people did exactly the same thing, and the others were not terminated, you may have a case for discrimination based on race, color, sex, national origin, etc.

    Most companies have zero tolerance policies on sexual harassment, meaning one strike and you’re fired. They are also very, very reluctant to hire people who have committed sexual harassment, especially if the person continues to find nothing wrong with that behavior.

    When you go on a job interview and are asked to sign a release for your employment records, that’s the time to discuss this with the interviewer. Explain the circumstances. Admit that you made a mistake, and that your conduct was completely inappropriate at work. Make it clear that you have learned your lesson, and would never do this again. Some emloyers will still not hire you, but a few will, if they believe you genuinely will not do this again.

    If you genuinely have a letter from the Labor Board stating that you were wrongfully terminated, you can show that to the interviewer. But we think admitting your mistakes is more likely to get you hired.

    You can also apply for jobs at small businesses, where there are fewer regulations and the owner can basically hire anyone he wants to. For more suggestions, post your questions on our sister site at http://www.laborlawtalk.com HTH, and thanks for reading the blogs!~ Amelia

  3. Posted by: Bryan Boddy

    There is this company where I live at and serveral times they are always hiring and I’ve been putting in applications and don’t hear anything but when I call or go back in person saying they are not hiring and I see they don’t have any other race working there but only white is there anything I can do about that.

  4. Posted by: Amelia

    Hi Bryan! This does, indeed, sound like illegal discrimination based on race, in the company’s hiring practices. You should file a complaint with the EEOC at http://www.eeoc.gov. They will investigate the complaint, and if they find it has merit, they will contact the company or file a lawsuit for you. HTH, and thanks for reading the blogs!~ Amelia

  5. Posted by: David

    I have been a school bus driver since 12/10/07. During this time, I have missed work 1 day, summons for jury duty. I have a route which totals to
    4.25 hours of work per day (21.25 hours per week) since the day I was hired to drive. Last Friday, I picked up my pay check and the company only paid me for 17.5 hours. I asked my boss about it and he informed me that my hours of work are 3.5 hour per day with the new starting times. I explained that i could not make these times due to traffic and pre-safety inspections prior to leaving the yard. He shrugged his shoulders. I was not given a route inspection or warning that this was going to happen, they just deducted my pay. As I was leaving the office, alot of the drivers were in the back conference room due to the same that was done to them. Can they do this?
    What options do I have other than to look for other employment?

  6. Posted by: Amelia

    Hi David! There are two basic issues here: your paycheck, and the employer’s expectations moving forward. Under both federal and Delaware law, the employer must pay you for every hour that you actually worked during the last pay period. If you worked 21.25 hours per week, that’s what you must be paid for, under the state and federal minimum wage laws. It is illegal for the employer to alter your work records to show that you worked fewer hours. You should report the employer to both the Wage and Hour Division of the U.S. Department of Labor, and the Delaware Department of Labor, Wage and Hour Division. (You should also encourage the other drivers to contact these agencies.)
    The employers expectations moving forward are a different topic. Even though you have been paid for 4.25 hours of work per day in the past, the employer is probably facing budget considerations (as many companies are in this economy.) You have been informed that you are expected to complete your duties in 3.5 hours per day, with the new start times. We don’t have any way to know whether or not this expectation is reasonable, but the employer does have the right to set these types of standards for efficiency. Our best advice would be to do your best to meet the new standards, while still operating the bus safely. You may find that if you can get the time down to 3.75 or 4.0 hours per day, the employer will accept that. However, you are still entitled to payment for all the hours that you work. HTH, and thanks for reading the blogs!~ Amelia

  7. Posted by: LeRoy Stumpp

    My wife has worked for a company for over 10 years as a temp. She has been told that they do not hire anyone for the job that she holds. My question is: is there a law that a company must hire a temp after a specified amount of time on the job?

  8. Posted by: Amelia

    Hi LeRoy! No. There is no law in Delaware that a temporary employee must be hired as a permanent employee after a certain period of time. It would be legal for your wife to work for the company for 100 years as a temp.
    Some companies do have a policy that requires them to hire temps after a certain period of time, but they are the minority. HTH and thanks for reading the blogs!~ Amelia

  9. Posted by: Amy

    Is it wrong for a company to audit all employees for health insurance? Meaning, to inquire on that employees personal business such as, income tax reports, deeds and titles to homes, etc..The company that I work for is doing this. If we all dont comply, our benefits are terminated. Is this legal to stop, and ask for ones personal business? Why not target certain individuals? What if there are people with cancer or ill children? Mind you, these benefits are not 100% company paid. We, the employees, are paying out of our checks for benefits. This is unheard of. Is this a way so that the company does not have to pay out for benefits?? This company is in Delaware.

  10. Posted by: Amelia

    Hi Amy! This is very, very unusual and may be unlawful — we would have to know more about it. It would be lawful for an employer to gather some information for group insurance coverage, such as social security number, etc. However, when the employer begins asking about tax returns, deeds and titles to homes, that obviously is NOT a health insurance audit…no matter what the empoyer says. And we cannot think of a valid business reason why the employer would need this information.
    This would be different if the employer was doing a background check on applicants or new employees. Or if the employer was obtaining security clearance for employees. But that appears not to be the case.
    Generally it is unlawful for an employer to use health information or a physical to deny coverage to an individual employee.
    Our opinion is that you could safely refuse to give this information until and unless you have a reasonable explanation why it is necessary. HTH, and thanks for reading the blogs!~ Amelia

  11. Posted by: Amy

    Thank u. I didnt think it was lawful or acceptable. They are stating that they will drop coverage of dependents and/or spouses if we dont provide this information. This company is [deleted] in Newark, DE. One employee has a child who is very ill. It has been said to us (and I have a packet to prove it) that we need to provide birth certificates, tax returns for our children. And for spouses, deeds and titles to homes and of course tax returns. I feel this is unfair. In all 20 years of working for great companies, I have never come across this at all. They also deny promotions and only promote if you know anyone in management. It is so much going on in this company and hard to prove. Only proof I have at this time is the packet mailed to me. Is there any help to go about getting them exposed for invading employees privacy?

  12. Posted by: Amy

    Amelia this is what was emailed to us for a reminder:

    The Dependent Verification Deadline is Extended!

    This email is being sent to you because documentation processed through Thursday, September 24, indicates that [insurance provider] has not received documents to verify eligibility for your covered dependent(s) enrolled in a [employer deleted] Health Plan. If you have submitted your documentation to [deleted]since September 24, thank you. Please keep your documents handy until you receive your status letter.

    You have until October 16, 2009 to submit your documentation , either by fax or mail.

    If you do not submit the proper documentation by October 16, 2009 your dependents will be dropped from coverage effective September 30, 2009.

    If you have not submitted your documents yet, please:
    - Review your Dependent Verification Packet. If you did not receive or lost your packet, please contact usdirectly at and they will send you a packet immediately.

    - Determine who is eligible

    - Remove ineligible dependents

    - Gather and mail or fax your documents for your eligible dependents.

    If you are mailing your documents, please allow 7-10 days for mailing in order to have your package received by October 16, 2009.

    Do you need help?

    If you have questions, call the Dependent Eligibility Verification Help Line at xx between 9 am and 6 pm ET, Monday through Friday. Once you have sent your documents , keep a copy readily available until you receive your status letter confirming that xx received and processed your information and provides you with the status of your dependents. You don’t have to call to verify receipt of documents or to check your status. Please be aware that the xx Hotline is experiencing high call volumes. We encourage you to keep trying the hotline at different times of the day and apologize for any inconvenience this may cause.

    Appeals Process

    Once you submit your documentation, you will receive a status letter from Budco providing the results of the review of your dependents. If your documentation is rejected or insufficient and you would like to appeal the decision, there will be additional information included on the process of submitting your additional documentation. All dropped dependents will not be reinstated to coverage until your appeal is reviewed and approved. If approved, coverage will be retro-active to September 30.

    Thank you for participating in the verification.

  13. Posted by: Amelia

    Hi Amy! Okay, we don’t see anything unlawful here. This is a fairly routine form letter that requires employees to prove that the people they are claiming on their insurance are genuinely dependents and not their nieces and nephews, or the next-door neighbor’s kids.
    It sounds like the company has good health insurance, and some employees may be claiming individuals who are not actually their dependents. In order to prove that, the employee would need to provide either a birth certificate for the dependent, or a copy of a tax return where the employee claimed the individual as a dependent. If the employee is submitting a tax return, he or she should be able to black out everything except the employee’s and dependent’s names and social security numbers.
    We would also caution you not to blame the employer for the insurance company’s behavior. Once the employer chooses an insurance company, they have little control over how it operates. So if you have concerns, you might start with the HR department.
    We do not see anything on this form letter requesting copies of loans, deeds or titles from the employee. (It might be lawful for the employer to request that information, if the policy included property insurance, such as an additional death benefit to pay off a mortgage.) But since you have concerns about how this insurance company is operating, contact the Delaware Insurance Commissioner or an attorney who specializes in insurance. HTH, and thanks for reading the blogs!~ Amelia

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