Delaware Code Title 19 Sec. 3371 – Waiver or release of benefits; agreement by employee to pay …
(a) Any agreement by an individual to waive, release or commute the individual’s rights to benefits or any other rights under this chapter shall be void.
Terms Used In Delaware Code Title 19 Sec. 3371
- Assessments: means the money payments to the State Unemployment Compensation Fund required by this chapter. See Delaware Code Title 19 Sec. 3302
- Benefits: means the money payments payable to an individual, as provided in this chapter, with respect to the individual's unemployment. See Delaware Code Title 19 Sec. 3302
- Employer: means :
(A) (i) Any employing unit which after December 31, 1971,
(I) In any calendar quarter in either the current or preceding calendar year paid for service in employment wages of $1,500 or more, or
(II) For some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, in either the current or preceding calendar year, had in employment at least 1 individual (irrespective of whether the same individual was in employment in each such day);
(ii) Any employing unit for which agricultural labor as defined in paragraph (11)(A)(vii) of this section is performed after December 31, 1977;
(iii) Any employing unit for which domestic service as defined in paragraph (11)(B) of this section is performed after December 31, 1977;
(iv) (I) In determining whether or not an employing unit for which service other than domestic service is also performed is an employer under paragraphs (8)(A)(i) and (ii) of this section the wages earned or the employment of an employee performing domestic service after December 31, 1977, shall not be taken into account;
(II) In determining whether or not an employing unit for which service other than agricultural labor is also performed is an employer under paragraphs (8)(A)(i) and (iii) of this section, the wages earned or the employment of an employee performing service in agricultural labor after December 31, 1977, shall not be taken into account. See Delaware Code Title 19 Sec. 3302
- Wages: means all remuneration for personal services, including commissions, bonuses, dismissal payments, holiday pay, back pay awards and the cash value of all remuneration in any medium other than cash. See Delaware Code Title 19 Sec. 3302
- Work: means service, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, express or implied. See Delaware Code Title 19 Sec. 3302
(b) Any agreement by any individual in the employ of any person or concern to pay all or any portion of an employer‘s assessments, required under this chapter from such employer, shall be void.
(c) No employer shall directly or indirectly make or require or accept any deduction from wages to finance the employer’s assessments required from the employer, require or accept any waiver of any right hereunder by any individual in the employer’s employ, wilfully or intentionally discriminate in regard to the hiring or tenure of work on any term or condition of work of any individual on account of the individual claiming benefits under this chapter or in any manner obstruct or impede the filing of claims for benefits.
(d) Whoever, being an employer or officer or agent of an employer, wilfully or intentionally violates any provision of this section shall, for each offense, be fined not less than $23 nor more than $230 or imprisoned not more than 90 days, or both.
41 Del. Laws, c. 258, § ?15; 43 Del. Laws, c. 280, § ?21; 19 Del. C. 1953, § ?3371; 53 Del. Laws, c. 79, § ?1; 67 Del. Laws, c. 260, § ?1; 70 Del. Laws, c. 186, § ?1;