Delaware Code § 19-2316

Licensed real estate salespersons and licensed associate real estate brokers who are independent
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contractors.
(a) This chapter shall not apply to licensed real estate salespersons or licensed associate real estate brokers who are affiliated with a
licensed real estate broker under a written contract pursuant to which they are remunerated on a commission only basis and are designated
as independent contractors and who qualify as independent contractors for federal tax purposes, except that a licensed real estate broker
with whom they have such contracts shall have the right to elect to carry insurance to insure the payment of workers' compensation to
them or their dependents for part or all of the period of such affiliation.
(b) For the purposes of this section, a licensed real estate broker with whom such licensed real estate salespersons and licensed associate
real estate brokers have such independent contract affiliation shall inform in writing such licensed real estate salespersons and such
licensed associate real estate brokers whether the licensed real estate broker has elected to carry insurance to insure the payment of
workers' compensation to them or their dependents. If a licensed real estate broker intends to change the election concerning workers'
compensation, the licensed real estate broker shall notify any licensed real estate salespersons or licensed associate real estate brokers
affected thereby at least 30 days prior to the effective date of the change in the election.

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