Delaware 152nd General Assembly (2023-2024) Status: In Committee 2 D cosponsors

SB 324 — AN ACT TO AMEND TITLE 19 AND TITLE 29 OF THE DELAWARE CODE RELATING TO ADMINISTRATIVE PROCEDURES AND WAGE AND HOUR ENFORCEMENT.

Last action — Introduced and Assigned to Labor Committee in Senate

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 152nd General Assembly (2023-2024). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

This Act amends provisions in Title 19 and Title 29 of the Delaware Code relating to the Department of Labor’s enforcement procedures and wage and hour enforcement. First, the Act amends Chapter 1 to modernize provisions relating to the Department’s inspections and handling of witnesses and evidence. The changes intend to align the Code with relevant case law and commonly accepted inspection practices. Second, the Act requires the Department to promulgate regulations to establish administrative procedures for civil enforcement actions under several Chapters, including Chapter 5 (Child Labor), Chapter 9 (Minimum Wage), Chapter 11 (Wage Payment and Collection Act), Chapter 35 (Workplace Fraud), and Chapter 36 (Contractor Registration), to have consistency throughout Department proceedings. Third, the Act corrects an issue identified within Chapter 11 when SS 1 for SB 35 of the 151st General Assembly was enacted, which inadvertently created a conflict between civil enforcement procedures and fines for violations within the same Chapter. Fourth, the Act increases certain civil penalties in Title 19 and Title 29. Finally, the Act removes a loophole in which employers who retaliated against employees by terminating an employee avoided penalty because the individual was no longer employed as a result of the retaliation and thus not an employee. It also updates the penalties to bring them in line with other similar statutes.

Bill Text

Action History

  1. Introduced and Assigned to Labor Committee in Senate

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 60 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (60)

60 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

What does SB 324 do?
This Act amends provisions in Title 19 and Title 29 of the Delaware Code relating to the Department of Labor’s enforcement procedures and wage and hour enforcement. First, the Act amends Chapter 1 to modernize provisions relating to the Department’s inspections and handling of witnesses and evidence. The changes intend to align the Code with relevant case law and commonly accepted inspection practices. Second, the Act requires the Department to promulgate regulations to establish administrative procedures for civil enforcement actions under several Chapters, including Chapter 5 (Child Labor), Chapter 9 (Minimum Wage), Chapter 11 (Wage Payment and Collection Act), Chapter 35 (Workplace Fraud), and Chapter 36 (Contractor Registration), to have consistency throughout Department proceedings. Third, the Act corrects an issue identified within Chapter 11 when SS 1 for SB 35 of the 151st General Assembly was enacted, which inadvertently created a conflict between civil enforcement procedures and fines for violations within the same Chapter. Fourth, the Act increases certain civil penalties in Title 19 and Title 29. Finally, the Act removes a loophole in which employers who retaliated against employees by terminating an employee avoided penalty because the individual was no longer employed as a result of the retaliation and thus not an employee. It also updates the penalties to bring them in line with other similar statutes.
Who sponsors SB 324?
SB 324 is sponsored by Edward S. Osienski (Democratic) and John "Jack" Walsh (Democratic).
What is the current status of SB 324?
This bill died with 152nd General Assembly (2023-2024). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 324?
Track SB 324 free on One Click Politics — get push/email alerts when it moves.

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