Delaware § 1101 - Definitions.

§ 1101. Definitions.

(a) For purposes of this chapter:

(1) “Check” means a draft drawn on a bank and payable on demand.

(2) “Department” means the Department of Labor.

(3) “Employ” means to suffer or permit to work.

(4) “Employee” means a person suffered or permitted to work by an employer in this State. This chapter does not apply to any of the following:

a. Employees of the United States government.

b. Employees of the State of Delaware or any political subdivision of this State.

c. Independent contractors.

(5) “Employer” means any individual, partnership, association, joint stock company, trust, corporation, the administrator or executor of the estate of a deceased individual, or the receiver, trustee, or successor of any of the same employing a person. This chapter does not apply to employees of the United States government, the State of Delaware or any political subdivision of this State.

(6) “Independent contractor” means as defined in § 3501 of this title. “Independent contractor” includes any of the following:

a. A person licensed by the Department of Insurance under Title 18.

b. A person registered under Chapter 73 of Title 6 as any of the following:

1. A broker-dealer.

2. An agent.

3. An investment adviser.

4. An investment adviser representative.

c. A person designated as an “independent contractor” by the Department through regulations.

(7) “Secretary” or “Secretary of Labor” means the Secretary of the Department of Labor or the Secretary’s authorized designee.

(8) “Wage” means compensation due to an employee by reason of the employee’s employment, payable in legal tender of the United States or check or bank draft convertible into cash on demand at full face value, subject to such deductions, charges, or allowances as may be permitted by the regulations of the Department under this title.

(b) For purposes of this chapter, the officers of a corporation and any agents having the management thereof, who knowingly permit a corporation to violate this chapter are deemed to be the employer of the employees of the corporation.

19 Del. C. 1953, §  1101;  55 Del. Laws, c. 19, §  1;  57 Del. Laws, c. 669, §  11;  70 Del. Laws, c. 103, §  1;  83 Del. Laws, c. 443, § 2;