G. Kevin Fasic

Kevin Fasic is the managing principal of Offit Kurmans Wilmington office. With over 25 years of legal experience in employment and construction law, Kevins practice is primarily management-based and includes discrimination claims, wage and hour issues, Davis Bacon/ Prevailing Wage claims, employment agreements (including restrictive covenant issues and severance agreements), hiring and firing guidance, unemployment claims, mechanics lien claims, general construction disputes and legislative affairs. As a former investigator for the Delaware Department of Labor, Kevins experience informs his approach as he appears before various administrative boards, agencies and private dispute resolution forums. Additionally, Kevin has extensive experience practicing before all of Delawares state and federal trial and appellate courts. He is also certified by the Delaware Superior Court as both a mediator and an arbitrator that can serve in either capacity for labor and employment and construction law disputes. With a growing reputation as an engaging legal thought leader, Kevin frequently speaks on employment and construction law topics for various professional and trade organizations. He also publishes articles for these organizations on various employment law topics and recent developments in the law. Kevin is also active in legislative affairs for various business groups and trade associations and a frequent advocate for their interests before the Delaware General Assembly and other legislative forums. Education Widener University Delaware Law School (J. D.)Lehigh University (B. A.)State Bar Admissions Delaware New Jersey Pennsylvania Court Admissions United States District Court for the District of Delaware United States District Court for the District of New Jersey United States District Court for the Eastern District of Pennsylvania United States Court of Appeals for the Third Circuit Supreme Court of the United States Professional Affiliations Delaware State Bar Association, Labor and Employment Section, 1997-Present, Chair 2003-2004, Secretary 2002-2003 Delaware State Chamber of Commerce, Employer Advocacy and Education Committee, 2000-Present, Co-Chair, 2003-2013 Associated Builders and Contractors - Delaware Chapter Legislative & Legal Affairs Committee, 2007- Present Delaware State Chamber of Commerce, Board of Managers - Small Business Alliance, 2008-Present, Co-Chair 2016-2017 Delaware State Chamber of Commerce, Board of Governors, 2014-Present Delaware State Chamber of Commerce, Joint Military Affairs Committee, 2015-Present, Chair 2020-2021 Delaware State Bar Association, Alternative Dispute Resolution Section, 2018-Present New Castle County Chamber of Commerce, Government Affairs Committee, 2018-Present Delaware Contractors Association (AGC Affiliate), Government Affairs Committee, 2020-Present Associated Builders and Contractors, National Legislative Committee, 2014-2020 Associated Builders and Contractors - Delaware Chapter, Board of Directors, 2009-2014 Recognitions Named to The Best Lawyers in America for Employment Law - Management (2025) Top Lawyers in Construction Law, Delaware Today, 2023 - 2024 Publications & News View All Recognition Four Offit Kurman Attorneys Selected as 2024 Top Lawyers by Delaware Today November 6, 2024 Publications and Presentations Kevin Fasic and Anthony Delcollo Discuss Changes in Delaware Employment Law for Delaware Business Magazine June 14, 2024 Publications and Presentations Kevin Fasic Presenting at Delaware State Bar Associations Solo/Small Firms and ADR Conference 2024 May 15, 2024 Recent Posts In the Know Series - Labor & Employment Law Changes in Delaware Stay Ahead of the Curve with Key Insights from Our L&E Team Delaware joins the ranks of states ushering in updates to employment legislation this year. Now that the first quarter is behind us, it is crucial for construction industry employers in the First State to stay informed about these changes to ensure compliance and mitigate potential risks. Here is a brief summary of some of the key updates affecting construction industry employers in Delaware. Paid FMLA: This passed and was signed a year or more ago and rolls out a major change for Delaware employers with 10 or more employees. Far too detailed to explain in depth here but suffice it to say that this creates a system similar to unemployment, where employers pay into a fund for their employees (partially paid by the employee, partially paid by the employer) and employees will eventually be able to tap the fund for qualifying FMLA events. While similar to federal FMLA the paid component creates a host of employer obligations. Wage Theft: This was passed a year or so ago and allows the State to pursue employers criminally for wage theft from their employees. To my knowledge this has not been tested yet, but our highly aggressive DOL has only to find a good test case and Im sure well see it in action. Recreational Marijuana: The bill was allowed to become law without the Governors signature (he opposed it and vetoed the version that passed in 2022). At present the agency tasked to administer the law is preparing draft regulations and creating the infrastructure for licensing in cultivation, testing, manufacture, and retail sale of marijuana in Delaware. Employers may still prohibit use on company property/time and conduct testing. This is distinct from medical marijuana, which has been legal here for over a decade. Joint and Several Liability: Efforts are underway in the General Assembly to make upstream contractors, prime and general contractors, liable for violations of wage and contractor registry statutes. This creates a tremendous burden on upstream contractors to police those working under them, even second and third (or greater) tier subcontractors. Read More Delawares Contractor Registration Act - 19 DEL. C. CHAPTER 36 EFFECTIVE JULY 1, 2021 After a lengthy delay caused by the COVID-19 pandemic, the Delaware Contractor Registry will go live on July 1, 2021. Any Contractor who performs construction or maintenance services in Delaware must be registered before performing those services. If the services include work on any public project, the registration must be completed by August 1, 2021. Failure to become registered can result in severe penalties, some of which will effectively put the Contractor out of business. Registration is being handled online through the Delaware One-Stop system (https://onestop.delaware.gov) and is currently in a testing phase with contractor volunteers. Assuming that one has all of the necessary information at their fingertips, the process appears relatively simple and painless. The annual fee is $200 for Contractors performing only private work, $300 for only pubic work, and $500 for those who perform both. A two-year registration discount exists for Contractors who are on the registry for two years with no violations. Most of the information necessary to register is straightforward (FEIN, NAICS Code, information, business, and related licenses) if also somewhat intrusive ( information for all persons with a financial interest in the business). Proof of participation in unemployment and workers compensation is required, as well as having an OSHA-compliant safety plan. One item likely to cause confusion and discontent is the disclosure of labor law violations during the prior six (6) years. The form asks if the Contractor has received notifications from the Department of Labor that it has incurred a violation but fails to distinguish between mere allegations and actual, proven violations. And penalties, of course, there are penalties. They range from being denied registration or having registration revoked (and thereby the ability to work) to being required to post a surety bond to civil penalties ranging from $5,000 to $85,000 (no, that last one is not a typo). One unusual aspect of this statute is that while appeals to the Secretary of Labor are allowed (as with other labor law statutes), there is also a right of appeal from the Secretarys decision to the Superior Court. Any business that performs construction services or maintenance work must register and do so quickly. For further information, go to the Department of Labor website at CONTRACTOR REGISTRATION ACT - Delaware Department of Labor. This site has FAQs, a copy of the statute, a brochure and checklist of the required information, and links to the Delaware One Stop and the application. Read More