What counts as employee misclassification in Delaware?
Misclassification happens when a business labels a worker as an “independent contractor” even though the worker meets the legal definition of an employee. If the employer controls the work schedule, how the work is done, the equipment used, or the day-to-day tasks, the person is usually an employee, not a contractor.
Misclassification can impact wages, overtime eligibility, workers’ compensation, and unemployment insurance.
Source: Construction Enforcement Understanding Worker Misclassification (English)
Law Reference: 19 Del. C. ch. 35 (definitions + prohibitions on misclassification)