Department of Labor Ex Rel. Commons v. Green Giant Co.

TAYLOR, Judge.

This suit is brought by the State Department of Labor to recover severance pay on behalf of former employees of defendant whose employment was terminated February 29, 1976. The motion to dismiss rests on two grounds, (1) that the Department of Labor is not authorized by statute to sue for severance pay and (2) that the suit was not timely brought.

I. AUTHORITY OF DEPARTMENT TO SUE

A

The pertinent statutory provisions are found in Chapter 11, Title 19, Delaware Code. 19 Del.C. § 1102 establishes a duty for the employer to pay wages on regular paydays and § 1103 establishes a duty to…