Employment-Law Legislation In Delaware’s General Assembly

Employment legislation has been a popular topic for the Delaware General Assembly in recent months. Here are two recently proposed legislation that Delaware employers should keep an eye on.

Employment Protection for the Disabled

The General Assembly has proposed a very simple change to the Delaware Persons with Disabilities Employment Protections Act (DPDEPA), which would change the definition of “employer.” More specifically, they have proposed decreasing the threshold for coverage from 15 employees (the same as the Americans with Disabilities Act) to 4 employees (the same as the Delaware Discrimination in Employment Act).

Expanding statutory coverage is always worrisome for employers. However, the proposed change would also provide consistency under Delaware law, which could benefit employers in their decision-making processes. Whatever your business’s philosophy, for that small subsection of businesses employing between 4 and 14 individuals, this is something to watch.

The Minimum Wage . . . Again

As many readers know, Delaware will increase its minimum wage–in two waves–resulting in a July 1, 2015 wage of $8.25. Since that legislation was signed by Governor Markell, the General Assembly has drafted another bill that would raise the minimum wage to $10.10 per hour. If passed in its current state, the bill would add a third step to the increases already legislated, requiring a jump from $8.25 to $10.10, effective June 1, 2016.

The proposed increase would put Delaware’s minimum wage far above the current federal requirement, and nearly in line with San Francisco, California, which has the highest minimum wage in the country ($10.74 per hour, effective January 1, 2014). The change mirrors legislation that President Obama is expected to propose, and which will face stiff opposition from Republicans in Congress. With that in mind, it is unclear whether Delaware’s proposed legislation has any chance of passing the General Assembly. But it is certainly an issue that employers should be monitoring.

Bottom Line

Keep in mind that these bills reflect proposed legislation, only. If you believe that your business would be adversely affected, reach out to the General Assembly, or bring these issues to the attention of any advocacy groups to which you belong.

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