Delaware 2023-2024 Regular Session

Delaware Senate Bill SB255

Introduced
3/21/24  
Introduced
3/21/24  

Caption

An Act To Amend Title 19 Of The Delaware Code Relating To Labor.

Impact

The implications of SB255 are significant, as it alters the landscape of contractor responsibilities in Delaware. By holding prime contractors liable for their subcontractors' compliance with the Wage Payment and Collection Act and the Delaware Contractor Registration Act, the bill aims to mitigate issues such as wage theft and ensure employees are compensated fairly. This measure is expected to lead to more accountability in the construction sector, potentially improving overall labor standards and working conditions for workers in the industry.

Summary

Senate Bill 255 aims to amend Title 19 of the Delaware Code, focusing on labor regulations within the construction industry. The key provision of the bill stipulates that prime general contractors are jointly and severally liable for wage violations committed by their subcontractors, regardless of any direct contractual relationship. This means that if a subcontractor fails to comply with wage payments or other labor obligations, the prime contractor can also be held accountable. This change seeks to enhance the protection of workers' rights by ensuring that those who hire subcontractors are also responsible for adhering to labor laws.

Sentiment

The sentiment surrounding the bill is generally supportive among labor advocacy groups and employee rights organizations, who view it as a necessary step toward strengthening labor protections. However, some contractor organizations express concern about how these changes may add financial and administrative burdens to prime contractors, who may fear increased liability for actions taken by subcontractors without their direct oversight. This divide highlights ongoing tensions between protecting worker rights and maintaining flexibility and economic viability for contractors.

Contention

Notable contention arises from the scope of liability created by this bill. Critics argue that this level of accountability could discourage prime contractors from hiring subcontractors, potentially leading to fewer job opportunities in the construction industry. Additionally, some stakeholders are concerned that the law could disproportionately affect smaller contractors who may struggle to absorb the financial consequences of subcontractor violations. As such, the bill's implementation prompts further debate on balancing labor protections with the realities of the contracting business.

Companion Bills

No companion bills found.

Similar Bills

OH SB183

Require certain construction industry employers to use E-verify

OH HB246

Require certain construction industry employers to use E-verify

CA AB1701

Labor-related liabilities: original contractor.

CA SB727

Labor-related liabilities: direct contractor.

OH HB327

Require certain contractors and employers to use E-verify

CA SB597

Labor-related liabilities: direct contractor and subcontractor.

CA AB1565

Labor-related liabilities: direct contractor.

CA AB2696

Labor-related liabilities: direct contractor and subcontractor.