(a) Where, after investigation, the Department determines that an employer engaged in work on a public works project is in violation of this chapter or regulations adopted pursuant to this chapter, the Department shall promptly notify the public body.
(b) The public body shall:
(1) On notification of the violation pursuant to subsection (a) of this section, withhold from payment due the employer an amount that is sufficient to:
a. Pay restitution to each employee for the full amount of wages due; and
b. Pay any benefits, taxes, or other contributions that are required by law to be paid on behalf of the employee.
(2) Release:
a. On issuance of a final order of a court or the Department, the full amount of the withheld funds; and
b. On an adverse final order of a court or the Department, the balance of the withheld funds after all obligations are satisfied pursuant to paragraph (b)(1) of this section.
(c) Subject to the process set forth in this section:
(1) An employer found to be in violation of this chapter more than twice in a 2-year period may be subject to debarment.
(2) The Department shall file with the Office of Management and Budget, the Division of Revenue, the Division of Unemployment Insurance, the Department of Insurance, the Office of Workers’ Compensation, and the Office of the Attorney General, a list of employers who are subject to debarment.
A debarment under this section shall be in effect against any successor corporation or business entity that:
a. Has 1 or more of the same principals or officers as the employer against whom the debarment was imposed; and
b. Is engaged in the same or equivalent trade or activity.
77 Del. Laws, c. 192, § 1.
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