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HB137 • 2025

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO MERIT EMPLOYEE RELATIONS BOARD AND THE ADMINISTRATION OF THE MERIT SYSTEM.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO MERIT EMPLOYEE RELATIONS BOARD AND THE ADMINISTRATION OF THE MERIT SYSTEM.

Labor
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Ross Levin
Last action
2025-06-10
Official status
Stricken 6/10/25
Effective date
Not listed

Plain English Breakdown

The bill was stricken in the House on June 10, 2025, meaning it did not pass into law.

Clarifying Rules for State Workers and Federal Labor Laws

This bill states that state officials, not a specific board, decide how federal labor laws apply to government employees.

What This Bill Does

  • Says the Merit Employee Relations Board cannot interpret or use the Fair Labor Standards Act for state workers.
  • Gives the Secretary of the Department of Human Resources the power to find and fix conflicts between state rules and this federal law.
  • Stops people from appealing the Secretary's decisions about these laws to the Merit Employee Relations Board.
  • Makes small technical changes to match existing writing standards in Delaware law.

Who It Names or Affects

  • The Merit Employee Relations Board
  • The Secretary of the Department of Human Resources
  • State government employees

Terms To Know

Merit Employee Relations Board
A state group that handles rules and disputes for public workers.
Fair Labor Standards Act
A federal law regarding worker protections like minimum wage and overtime pay.

Limits and Unknowns

  • The bill was removed from the House agenda on June 10, 2025, so it will not become a new law.
  • The text does not say when or if this change would have started working.

Bill History

  1. 2025-06-10 Delaware General Assembly

    Stricken in House

  2. 2025-05-14 Delaware General Assembly

    Reported Out of Committee (Administration) in House with 3 On Its Merits

  3. 2025-05-06 Delaware General Assembly

    Introduced and Assigned to Administration Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO MERIT EMPLOYEE RELATIONS BOARD AND THE ADMINISTRATION OF THE MERIT SYSTEM.
This Act clarifies that the Merit Employee Relations Board does not have jurisdiction to interpret or apply the Fair Labor Standards Act. Instead, disputes concerning the Secretary of the Department of Human Resources’ interpretation of this federal law as applied to state personnel must be determined as outlined in Title 29 of the United States Code.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Rep. Ross Levin & Sen. Hoffner

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 137

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO MERIT EMPLOYEE RELATIONS BOARD AND THE ADMINISTRATION OF THE MERIT SYSTEM.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 5955, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 5955. Federal Fair Labor Standards Act; application to state personnel practices and merit system rules.

Notwithstanding any other provision of state law, the federal Fair Labor Standards Act, Chapter 8 of Title 29 of the United States Code, shall supersede state law relating to state personnel practices and shall supersede the rules adopted by the Merit Employee Relations Board pursuant to this chapter, but only to the extent such state law or merit rules are in conflict with the Fair Labor Standards Act [29 U.S.C. § 201 et seq.]. This supersession of state law and the merit system rules shall continue in effect only so long as, and only to the extent that, the provisions of the federal Fair Labor Standards Act [29 U.S.C.

201

§ 201

et seq.], by their own terms or by judicial interpretation, are deemed to apply to state government personnel practices. To the extent necessary for state compliance with the Fair Labor Standards Act, the Secretary

shall have

has

the authority to implement this section, including, but not limited to, the authority to determine where conflicts exist between state law or merit rules and the federal act, and to resolve such conflicts by appropriate rulings and regulations.

The Secretary’s determination regarding the Fair Labor Standards Act as applied to state personnel may not be appealed to the Merit Employee Relations Board.

SYNOPSIS

This Act clarifies that the Merit Employee Relations Board does not have jurisdiction to interpret or apply the Fair Labor Standards Act. Instead, disputes concerning the Secretary of the Department of Human Resources’ interpretation of this federal law as applied to state personnel must be determined as outlined in Title 29 of the United States Code.

This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.