2019 Delaware Code
Title 19 - Labor
Chapter 35. Workplace Fraud Act
§ 3501 Definitions [Effective until Oct. 1, 2020].

Universal Citation: 19 DE Code § 3501 (2019)

(a) As used in this chapter:

(1) “Construction services” includes, without limitation, all building or work on buildings, structures, and improvements of all types such as bridges, dams, plants, highways, parkways, streets, tunnels, sewers, mains, power lines, pumping stations, heaving generators, railways, airports, terminals, docks, piers, wharves, buoys, jetties, breakwaters, levees, canals, dredging, shoring, rehabilitation and reactivation of plants, scaffolding, drilling, blasting, excavating, clearing and landscaping.

(2) “Debarment” means that no public construction contract in this State shall be bid on, awarded to or received by any employer or any person, firm, partnership or corporation in which such employer has an interest who, within 2 years after entry of a judgment pursuant to this chapter, is adjudicated in violation of this chapter in a subsequent proceeding, until 3 years have elapsed from the date of the subsequent penalty judgment.

(3) “Department” shall have the meaning set forth in § 101(a)(2) of this title.

(4) “Employee” means any person or entity directly hired by, or directly permitted to work by an employer in the State, for work to be performed wholly or partly therein. This chapter does not apply to employees of the United States government, the State or any political subdivision thereof.

(5) “Employer” means any individual, partnership, association, joint stock company, trust, corporation, the administrator or executor of the estate of a deceased individual or the receiver, trustee or successor of any of the same employing any person excepting those provided for in subsection (b) of this section. This chapter does not apply to employees of the United States government, the State or any political subdivision thereof.

(6) “Exempt person” means any individual who:

a. Performs services in a personal capacity and who employs no individuals other than a spouse, child, or immediate family member of the individual;

b. Performs services free from direction and control over the means and manner of providing the services, subject only to the right of the person or entity for whom services are provided to specify the desired result;

c. Furnishes the tools and equipment necessary to provide the services; and

d. Operates a business that is considered inseparable from the individual for purposes of taxes, profits, and liabilities, in which the individual:

1. Owns all of the assets and profits of the business; and

2. Has sole, unlimited, personal liability for all of the debts and liabilities of the business; or alternatively, if the business is organized as a single-person corporate entity, to which sole, unlimited personal liability does not apply, the individual must be the sole member of said single-person corporate entity; and

3. For which the individual does not pay taxes for the business separately but reports business income on the individual’s personal income tax return; and

e. Exercises complete control over the management and operations of the business.

(7) “Independent contractor” means an individual who:

a. Performs the work free from the employer’s control and direction over the performance of the employee’s services; and

b. Is customarily engaged in an independently established trade, occupation, profession or business; and

c. Performs work which is outside of the usual course of business of the employer for whom the work is performed.

(8) “Knowingly” means having actual knowledge of, or acting with deliberate ignorance, or reckless disregard for the prohibition involved.

(9) “Public body” means:

a. The State;

b. A unit of state government or an instrumentality of the State; or

c. Any political subdivision, agency, person or entity that is a party to a contract for which the State appropriated any part of the funds to be used for payment.

(10) “Secretary” or “Secretary of Labor” shall have the meaning set forth in § 101(a)(5) of this title.

(11) “Stop work order” means written notice from the Secretary to an employer to cease or hold work until the employer is given notice by the Secretary to resume work.

(12) “Violate” or “attempts to violate” includes, but is not limited to, any intent to evade, misrepresent or wilfully nondisclose.

(b) For the purposes of this chapter the officers of a corporation and any agents having the management thereof who knowingly permit the corporation to violate this chapter shall be deemed to be the employers of the employees of the corporation.

77 Del. Laws, c. 192, § 1.

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