Legislative Policy Analysis

Legislaive Policy Analysis

Here is your legislative update on Wilmington schools, renewable energy, water infrastructure and more.

Joe Fitzgerald

Immigration Status and Worker’s Compensation

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

New Castle County Government Project Labor Agreement Ordinance

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

Increasing the Minimum Wage

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

The “HIT” Tax

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.

Retaining Private Consultants/Outside Counsel for Delaware’s Captive Insurance Program

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