Legislative Policy Analysis
The Chamber closely monitors the Federal, State and Local Government for policy and legislative proposals that can impact your business. To keep our members informed, the Chamber develops a one page document, Legislative Policy Analysis (LPA), to provide a comprehensive overview of the issue and outline the Chamber’s current position on the particular issue. The Government Affairs Committee and the Board of Directors participate in the development of each LPA. You can find a list of existing LPAs below:
Monday, December 5, 2016
On November 29, 2016, the Delaware Supreme Court issued an opinion which stated that a worker’s immigration status is a factor which must be considered in determining whether a worker meets the legal definition of “displaced worker”: The legal definition of “displaced worker” is as follows: “The term is used to refer to a worker who, while not completely incapacitated for work, is so handicapped by a compensable injury that [she] will no longer be employed in any well-known branch of the competitive labor market and will require a specially-created job if [she] is to be steadily employed.” Ham v. Chrysler Corp., A.2d 258, 261
Thursday, December 1, 2016
New Castle County Council is preparing to introduce legislation which will require the use of Project Labor Agreements on all public construction contracts.
A project labor agreement requires all contractors, whether they are unionized or not, to subject themselves and their employees to unionization in order to work on a government-funded construction project. This is done by including a union collective bargaining agreement in a public construction project's bid specifications. In order to receive a contract, a contractor must sign the agreement and subject its employees to union control.
Wednesday, November 30, 2016
During each of the last several General Assemblies, attempts have been made to increase the state minimum wage. The 147th General Assembly raised it from the federal rate of $7.25 per hour to $.8.25 per hour over two years, in four increments of 50 cents. During the most recent General Assembly (148th), there was an attempt to increase the minimum wage to $10.10 per hour, Senate Bill 39. In addition to the substantial increase in the minimum wage, which would have occurred in increments over another two-year period, the legislation contained a provision indexing future increase to the Social Security Cost of Living Adjustment. Another amendment offered by the sponsor struck the COLA, but would have incrementally raised the minimum wage between 2017 and 2023 to $15.05 per hour. The legislation was ultimately amended to the point where it would have raised the minimum wage to $10.10 per hour over 2 years, without indexing. The Chamber remained opposed and the measure failed to reach the governor’s desk.
Tuesday, November 15, 2016
The Health Insurance Tax (HIT Tax) is essentially a sales tax on health insurance policies, which was included among the provisions of the Affordable Care Act (ACA). It is levied on the health insurance companies, however, a substantial amount the expense ends up in the form of higher premiums.
Tuesday, November 1, 2016
Captive insurance entities are insurance companies that are wholly owned by those persons or entities they insure. Their primary purpose is to insure the risk of their owners/insureds. The insureds benefit from the excess underwriting profits of the entity. The entities are generally used by individuals or entities who are willing and able to put their own capital at risk and who wish to work outside of the regular commercial insurance marketplace. They can be a very effective tool in controlling risk and premium costs and also allow for more unique coverages tailored to the needs of those insured.