Delaware General Assembly

Stricken 6/24/20

The General Assembly has ended, the current status is the final status.

3/12/20

Brady

Sen. Walsh

Reps. Kowalko, Seigfried
Sen. Ennis, McBride

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO EMPLOYMENT PRACTICES.

This Act establishes employment practices for call centers, including: • Requiring that a call center immediately notify the Secretary of the Department of Labor (“Secretary”) if staffing levels fall below 70% of customer volume of communications, based on the call center’s previous 6-month average volume. • Requiring that a call center notify the Secretary at least 90 days prior to relocating the call center or transferring 1 or more facilities or operating units comprising of at least 20% of a call center’s total operating volume of communications as measured against the previous 12-month average volume of the operation. • Establishing a civil penalty of up to $7,500 per day for each day an employer violates notification requirements. The civil penalty is collectible by the Secretary, and the Secretary has the discretion to waive the penalty. • Requiring the Secretary to compile and maintain a list of employers who provide notification required by this Act. •Requiring the Secretary to update the list, make the list available to the public, and post the list prominently on the Department of Labor website. • Prohibiting an employer that is added to the list from receiving a direct or indirect State grant, guaranteed loan, tax benefit, or other financial support for 36 months after being added to the list. Grants for specified training programs or other employment assistance are exempted. • Requiring an employer that has been added to the list to remit to the appropriate governmental entity the unamortized value of a direct or indirect State grant, guaranteed loan, tax benefit, or other financial support that the State governmental entity provided to the employer. Grants for specified training programs or other employment assistance are exempted. • Providing that when a State department or agency makes or awards a contract for call center service, the department or agency shall grant preference to qualified businesses. “Qualified business” is defined as a business that is located in and employs residents of this State. • Requiring the Secretary to promulgate regulations that identify qualifying businesses and establish limits on the amount of preference granted to qualified businesses. • Specifying that nothing in this Act may be construed as permitting the withholding or denial of payments such as unemployment benefits, disability benefits, or worker retraining or readjustment benefits for certain employees. This Act applies to the relocation of a call center or transfer of a facility or operating unit of a call center that occurs after the effective date of this Act. And, this Act takes effect on the first day of the month 6 months after the date of enactment.

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Takes effect upon being signed into law

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