NEWS RELEASE

Posted: Feb. 21, 2003

OBERLE: LAW NEEDED TO PROTECT WORKERS DURING STATE OF EMERGENCY

One state legislator is proposing a new law to protect employees that obey a proclamation of emergency issued by the governor.

State Rep. William A. Oberle Jr., R-Beecher’s Lot, said he's heard many complaints this week from workers who were told they would not be paid when they didn't report for work during the "state of emergency".

Due to the severe winter storm that struck the area, Gov. Ruth Ann Minner declared a state of emergency at 9:20 a.m. Sunday morning.  It was not lifted until 6 a.m. Tuesday.  During the state of emergency, the governor ordered that "only emergency vehicles and those responding to the snow storm be permitted on Delaware roads." 

Under Delaware law (Title 20, Section 3125), people violating the governor's order could have been fined between $50 and $500 and been sentenced up to six months in prison.

"I think it's absurd that people obeying the governor's state of emergency proclamation should be penalized by their employer," Rep.Oberle said.  "Docking the pay of workers under these circumstances would require employees to break the law if they wanted to get paid."

The legislation sponsored by Rep. Oberle would prohibit all employers from docking the wages of employees who were unable to report during a state of emergency because they were barred from traveling on the roads.  The bill would also stop employers from forcing workers to take vacation, personal or sick days to make up for the missed time.

"I didn't think a bill like this was going to be necessary, but from complaints I've been hearing, too many employers are holding their employees accountable for something beyond their control," Rep. Oberle said.

Rep. Oberle, who co-owns and operates a small business, says employers have a responsibility to safeguard the well-being of the people that work for them.  "I think it is unfortunate that some employers need to have that responsibility spelled out in the form of a state law."

Rep. Oberle says he expects to introduce the bill when the General Assembly returns to work after the budget break on March 18.  "I fully expect to receive broad support from my colleagues in both chambers for this initiative."

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