SB 244 — AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION.

Summary

Under current Delaware law, if a labor dispute constitutes a lockout, employees are immediately eligible for unemployment benefits. Additionally, current law permits an individual to collect unemployment benefits beginning the third week of a labor dispute, other than a lockout. This Act mandates that the 2-week disqualification period does not apply if either: (1) The labor dispute is caused by the failure or refusal of the employer to comply with an agreement or contract between the employer and the individual, including a collective bargaining agreement with a union representing the individual, or a State or federal law pertaining to hours, wages, or other conditions of work. (2) The employer hires a permanent replacement worker for the individual’s position. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill Text

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This bill modifies the disqualification period for unemployment benefits due to labor disputes in Delaware.

• § 3314

  For any Except as provided by paragraph (4)b. of this section, before the third week with respect to which → Except as provided by paragraph (4)b. of this section, an individual shall be disqualified for benefits before the third week with respect to which

  Clarifies when an individual is disqualified for benefits related to labor disputes.

• § 3314

  for benefits: For any Except as provided by paragraph (4)b. of this section, before the third week with respect to which → disqualified for benefits before the third week with respect to which

  Ensures consistent wording regarding disqualification for benefits.

• § 3314

  individual is or was last employed. → individual was last employed.

  Removes redundant wording to streamline the statute.

• § 3314

  the following apply: → the following applies:

  Adjusts text for clarity, maintaining the meaning while smoothing the language.

• § 3314

  employer to comply with an agreement → employer to comply with an agreement or contract between the employer and the individual, including a collective bargaining agreement with a union representing the individual, or a State or federal law pertaining to hours, wages, or other conditions of work.

  Expands the scope of employer obligations that prevent disqualification for benefits.

• § 3314

  permanent replacement worker for individual’s position. → permanent replacement worker for the individual’s position.

  Corrects phrasing to improve grammatical accuracy.

• § 3314

  employer does not permit the individual to return to the individual’s prior position → employer does not permit the individual to return to the individual’s prior position

  Clarifies the condition under which benefits can be recovered.

• § 3314

  the Department may impose a penalty on the employer of up to $750 per employee per week of benefits lost. → the Department may impose a penalty on the employer of up to $750 per employee per week of benefits lost. The Department shall deposit the penalty collected under this paragraph (4)b.2.B. into the Penalties and Interest Account.

  Establishes a requirement for collected penalties to be deposited into a specific account.

Action History

1. March 10, 2022

   Introduced and Assigned to Labor Committee in Senate

Sponsors

• Darius J. Brown · Primary
• Edward S. Osienski · Primary
• Nicole Poore · Cosponsor
• Stephanie T. Bolden · Cosponsor
• John A. Kowalko · Cosponsor

Subjects