September 2021 Delaware HR Legal Updates

Delaware Enacts Vaccination Mandate for Healthcare Workers

Update Applicable to:

All employers in Delaware with employees in the covered facilities detailed below.

What happened?

On August 12, 2021, Governor Carney and the Delaware Department of Health and Social Services (DHSS) announced a requirement for vaccinations.

What are the details?

The requirement, effective September 30, 2021 through January 28, 2022, states that all employees in the covered facilities must provide proof of vaccination or undergo regular testing for COVID-19. The health care facilities that are covered include:

Long-Term Care Facilities:

  • Nursing homes
  • Assisted living facilities
  • Intermediate care facility for persons with developmental or intellectual disabilities
  • Neighborhood homes
  • Group homes for persons with serious and persistent mental illness
  • Group homes for persons with HIV/AIDS
  • Family care homes
  • Rest residential facilities
  • Intensive behavioral support and educational residences

Acute and Outpatient Providers:

  • Adult day cares
  • Free-standing birthing centers
  • Free-standing emergency departments
  • Free-standing surgical centers
  • Home health agencies: aide only (non-skilled)
  • Skilled home health agencies
  • Hospitals (including psychiatric hospitals)
  • Prescribed pediatric extended care centers
  • Hospice
  • Personal assistance service agencies
  • Office-based surgery

The updated vaccination and testing requirements can be read here.

An article on the update can be read here.

What do employers need to do?

Employers should review the requirements to update any applicable policies and procedures regarding vaccinations and testing of their employees to stay in compliance once the law goes into effect on September 30, 2021.

August 2021 Delaware HR Legal Updates

Delaware to Increase Minimum Wage to $15/Hour by 2025

Update Applicable to:
All employers in Delaware.

What happened?
On July 19, 2021, Governor Carney signed SB 15 into law.

What are the details?
The law, effective January 1, 2022, will increase the minimum wage rate annually until it reaches $15 an hour in 2025. The standard minimum wage hourly rate increases are as follows:

  • January 1, 2022 – $10.50 an hour.
  • January 1, 2023 – $11.75 an hour.
  • January 1, 2024 – $13.25 an hour.
  • January 1, 2025 – $15 an hour.

The bill can be read here.

An article on the bill can be read here.

What do employers need to do?
Employers should review their payroll policies to remain in compliance with the upcoming increases to the standard minimum wage in Delaware.

July 2021 Delaware HR Legal Updates

Delaware Passes Minimum Wage Increases to $15 by 2025

Update Applicable to:
All employers with employees in Delaware.

What happened?
On July 19, 2021, Governor John Carney signed Senate Bill 15 (SB 15) into law.

What are the details?
The bill, effective January 1, 2022, gradually increases the minimum wage in Delaware every year until it reaches $15 per hour in 2025. The current increase schedule is below:

  • Effective January 1, 2022 – $10.50 per hour.
  • Effective January 1, 2023 – $11.75 per hour.
  • Effective January 1, 2024 – $13.25 per hour.
  • Effective January 1, 2025 – $15 per hour.

If the federal minimum wage ever exceeds Delaware’s minimum wage, the higher federal wage would apply.

The bill can be read here.

An article on the bill can be read here.

What do employers need to do?
Employers should take note of the increased minimum wage plan and prepare for the wage increases through 2025.

September 2020 Delaware HR Legal Updates

Delaware Issues New Industry-Specific Guidelines for COVID-19

What happened?
Governor Carney issues the twenty-seventh modification: State of Emergency Declaration. This has created new regulations for all industries in Delaware to follow during the COVID-19 pandemic.

What are the details?
Effective September 4, 2020, the new regulations will impact the following industries:

  • Arts and Culture, Museums, Galleries, and Historical Attractions
  • Casinos
  • Child Care
  • Commercial Lodging and Campgrounds
  • Commercial Offices and Residential Buildings with at least 50 units
  • Convention Centers and Meeting Facilities
  • Exercise Facilities
  • Food and Drink Establishments – Large amount of restrictions
  • Golf Courses
  • Houses of Worship
  • Malls
  • Parks and Recreations
  • Personal Care Services
  • Personal Driving School
  • Private Instruction
  • Racetracks
  • Realty
  • Retail Establishments
  • Senior Centers, Adult Day Centers, and Senior Congregate Nutrition Programs
  • Summer camps
  • Youth and Adult Amateur Sports

Sporting facilities and venues, indoor children’s play areas, and water parks are still not permitted to open unless they provide a specific plan to the state for approval.

To read more about your specific industry and how it may be impacted, you may find all available information provided by Delaware here.

What do employers need to do?
Delaware employers should review the restrictions placed upon their industry, if any, and adjust their workplace policy to accommodate these new restrictions.

Note: The state of Delaware encourages employers, who are able to, to move employees onto a remote work platform to reduce in-person interactions.