Delaware Workplace Fraud Act
Date: Tuesday, May 7, 2013
Time: 8:30 AM – 10:00 AM
Place: ABC Delaware Classroom, 31 Blevins Drive, Suite B, New Castle, DE 19720
Cost: $30 for members
$75 for non-members
Instructors: Donald L. Logan, Esq., Principal of Logan and Petrone, LLC
Victoria K. Petrone, Esquire of Logan and Petrone, LLC
To Register email; firstname.lastname@example.org
The Delaware Workplace Fraud statute has far reaching consequences for any Delaware contractor who uses subcontractors. The Act only applies to the construction industry and prohibits a company from subcontracting work to another company that performs work in its “usual course of business.”
The penalty is $1,000 for each violation (and each employee of the contracted company is a separate violation). If the contractor violates the statute twice in a two year period, the statute states they shall be assessed a $20,000 administrative penalty for each employee and may be debarred for five years.
One aspect of the statute: an independent contractor or subcontractor is presumed to be an employee unless the contractor that hired them can prove otherwise to the “satisfaction of the Department.” The burden is on the contractor to “satisfy” the Department.