Delaware Code Title 19. Labor § 1903. Definitions

(1) “Affected employees” means employees who may reasonably be expected to experience an employment loss as a consequence of a proposed mass layoff, plant closing or relocation by their employer.

(2) “Days” means calendar days.

(3) “Department” means the Delaware Department of Labor.

(4) “Employer” means:

(6) “Mass layoff” means a reduction in workforce which includes all of the following:

(7) “Part-time employee” means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required.

(8) “Plant closing” means the permanent or temporary shutdown of a single site of employment, or 1 or more facilities or operating units within a single site of employment, if the shutdown results in an employment loss at the single site of employment during any 30-day period for 50 or more employees (other than part-time employees).

(9) “Relocation” means the removal of all or substantially all of the industrial or commercial operations of an employer to a different location 50 miles or more away.

(10) “Representative” means an exclusive representative within the meaning of § 9(a) or § 8(f) of the National Labor Relations Act (29 U.S.C. §§ 159(a), 158(f)) or § 2 of the Railway Labor Act (45 U.S.C. § 152).

(11) “Secretary” shall mean the Secretary of the Delaware Department of Labor or a designated subordinate of the Secretary.

(12) “WARN Act” shall mean the federal Worker Adjustment and Retraining Notification Act (29 U.S.C. § 2101 et seq.).