Under current Delaware law, if a labor dispute constitutes a lockout, employees are immediately eligible for unemployment benefits. However, employees have to wait three weeks to collect unemployment benefits if the labor dispute is of some other form, like a strike.
Senate Bill 45 expands the rights of workers to collect unemployment immediately, rather than after three weeks, if the employer was responsible for breaking an agreement leading to the dispute or hires replacements.
This Act mandates that the 2-week disqualification period does not apply if either:
- 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.
- The employer hires a permanent replacement worker for the individual’s position.
The bill is out of committee and on the Senate Ready List, but it is not on today’s Senate Agenda. So maybe it will be considered on the floor on Thursday.
| Senate Bill 45 – Unemployment Compensation during Labor Disputes | Currrent Status – Out of Committee 3/29/23 |
| House Sponsors – Bolden, Williams, Lambert | Senate Sponsors – Brown, Lockman, Poore, Walsh |
| House Yes Votes – | Senate Yes Votes – |
| House No Votes – | Senate No Votes – |
| House Absents or Not Voting – | Senate Absent or Not Voting – |
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