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SB63 • 2025

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

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

Labor Taxes
Passed Legislature

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

Sponsor
Last action
2026-01-28
Official status
Enacted into Law
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

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

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

What This Bill Does

  • AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO LABOR.
  • Chapter 35 of Title 19 prohibits an employer from improperly classifying an individual who is an employee as an independent contractor.
  • Not only is this improper classification unfair to employees because it violates state and federal laws related to income tax withholding, unemployment insurance, wage laws, and workers’ compensation, it is also unfair to contractors who comply with Chapter 35 and these other employment laws.
  • When employers who violate Chapter 35 are subcontractors who have not registered as contractors as required under Chapter 36 of Title 19, the Department of Labor (Department) has no recourse for enforcing compliance with Chapter 35.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-01-28 Delaware General Assembly

    Veto Override Passed in the Senate. 15 YES 6 NO

  2. 2026-01-28 Delaware General Assembly

    Veto Override Passed in the House. 25 YES 15 NO 1 ABSENT

  3. 2026-01-28 Delaware General Assembly

    Enacted into Law

  4. 2025-08-28 Delaware General Assembly

    Vetoed by Governor

  5. 2025-06-25 Delaware General Assembly

    Passed By House. Votes: 25 YES 13 NO 2 ABSENT 1 VACANT

  6. 2025-06-17 Delaware General Assembly

    Reported Out of Committee (Labor) in House with 2 Favorable, 6 On Its Merits

  7. 2025-05-14 Delaware General Assembly

    Assigned to Labor Committee in House

  8. 2025-05-13 Delaware General Assembly

    Amendment SA 1 to SB 63 - Passed By Senate. Votes: 21 YES

  9. 2025-05-13 Delaware General Assembly

    Passed By Senate. Votes: 14 YES 7 NO

  10. 2025-05-08 Delaware General Assembly

    Amendment SA 1 to SB 63 - Introduced and Placed With Bill

  11. 2025-04-09 Delaware General Assembly

    Reported Out of Committee (Labor) in Senate with 1 Favorable, 3 On Its Merits

  12. 2025-03-06 Delaware General Assembly

    Introduced and Assigned to Labor Committee in Senate

Official Summary Text

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO LABOR.
Chapter 35 of Title 19 prohibits an employer from improperly classifying an individual who is an employee as an independent contractor. Not only is this improper classification unfair to employees because it violates state and federal laws related to income tax withholding, unemployment insurance, wage laws, and workers’ compensation, it is also unfair to contractors who comply with Chapter 35 and these other employment laws.

When employers who violate Chapter 35 are subcontractors who have not registered as contractors as required under Chapter 36 of Title 19, the Department of Labor (Department) has no recourse for enforcing compliance with Chapter 35. This Act makes a general contractor responsible for a subcontractor’s compliance with Chapter 35 by making the general contractor jointly and severally liable for restitution and penalties assessed against the subcontractor. This Act also allows the Department to deny, suspend, or revoke the certificate of registration of a contractor who contracts with a subcontractor who has not registered on any project.

In addition, Section 3 of this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.