Delaware Code Title 19. Labor § 3508. Cause of action by employees or other individuals for violations of certain provisions of this chapter

(a) An employee or other individual who alleges a violation of § 3503 or § 3509 of this title must first notify the Department in writing and request an investigation by the Department, pursuant to § 3504 or § 3509(b)(2) of this title, as applicable, of the alleged violation.  If the Department fails to investigate or fails to commence an action in the Superior Court pursuant to § 3504(d) or § 3509(b)(2) of this title, within 90 days of receipt of written notice of an alleged violation of § 3503 or § 3509 of this title, the person alleging a violation of said section may bring a civil action for appropriate declaratory relief, or actual damages, or both.  A civil action pursuant to this section must be brought within 3 years after the occurrence of the alleged violation of the applicable provision or provisions of this chapter.

(b) An action commenced pursuant to subsection (a) of this section may be brought in the Superior Court in the county where the alleged violation occurred, the county where the complainant resides, or the county where the employer against whom the civil complaint is filed resides or where the employer’s principal place of business is located.

(c) As used in subsection (a) of this section, “damages” means treble damages for lost wages or benefits caused by each violation of this chapter.  “Damages” also includes the payment of back wages, fringe benefits, seniority rights, actual damages, litigation costs and attorneys’ fees, or any combination of these remedies.