SB 26 DE
AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION.
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Summary
The bill amends Delaware unemployment compensation law to allow employees involved in a labor dispute other than a lockout to collect unemployment benefits after a two-week waiting period if they meet other eligibility requirements. The two-week waiting period is waived if the labor dispute is caused by the employer's failure or refusal to comply with an employment contract, collective bargaining agreement, or state or federal labor laws, or if the employer hires a permanent replacement worker. Currently, employees in non-lockout labor disputes are ineligible for unemployment benefits under Delaware law. The bill also authorizes the Department of Labor to impose penalties on employers who fraudulently certify that an employee can return to their position after the labor dispute ends. The act includes technical corrections to conform to Delaware's legislative drafting standards.
AI-generated plain-language summary of the bill (from the OpenStates abstract — no full text available yet) — neutral, and may be imperfect.
Official abstract
Under current Delaware law, if a labor dispute constitutes a lockout, employees who meet all other eligibility requirements qualify for unemployment benefits from the date they file their claim. However, if a labor dispute does not constitute a lockout, employees do not qualify for (i.e. are disqualified from receiving) unemployment benefits. This Act changes the law to allow an employee who is subject to a labor dispute, other than a lockout, to collect unemployment benefits after a 2-week waiting period, if the employee meets all the eligibility requirements for unemployment benefits, including being able and available for work and completing weekly job requirements. This Act provides that the 2-week waiting period established by this Act is waived if one or both of the following apply: (1) The labor dispute is caused by the failure or refusal of the employer to comply with an agreement or contract between the employer and the individual, including a collective bargaining agreement with a union representing the individual, or a State or federal law pertaining to hours, wages, or other conditions of work. (2) The employer hires a permanent replacement worker for the individual's position. The Department of Labor may impose a penalty on an employer who fraudulently certifies the ability of an employee to return to the employee’s prior position on conclusion of the labor dispute. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Sponsors (7)
- Darius J. Brown Democratic · primary
- Bryant L. Richardson Republican · primary
- Claire Snyder-Hall Democratic · primary
- John "Jack" Walsh Democratic · primary
- Spiros Mantzavinos Democratic · primary
- Edward S. Osienski Democratic · primary
- David L. Wilson Republican · primary
Action history (6)
- Jan 3, 2025 Introduced and Assigned to Labor Committee in Senate · upper
- Apr 9, 2025 Reported Out of Committee (Labor) in Senate with 5 Favorable · upper
- Jan 13, 2026 Passed By Senate. Votes: 16 YES 5 NO · upper
- Jan 14, 2026 Assigned to Labor Committee in House · lower
- Mar 10, 2026 Reported Out of Committee (Labor) in House with 2 Favorable, 6 On Its Merits · lower
- May 5, 2026 Passed By House. Votes: 26 YES 9 NO 6 ABSENT · lower
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