Blog · Updated October 2026
Delaware Pay Transparency Law: What Changes in September 2027
Delaware passed its pay transparency law in September 2025, with a two-year runway. From September 26, 2027, employers with more than 25 employees must post a pay range and a benefits description.
House Substitute 2 for House Bill 105 was signed on September 26, 2025, and takes effect two years later, on September 26, 2027. When it does, Delaware joins the states with posting requirements and the smaller group of states that also require a benefits description. Postings that already meet Colorado’s or Washington’s rules will generally meet Delaware’s.
Quick facts
- Law
- House Substitute 2 for HB 105 (2025)
- Signed
- September 26, 2025
- Effective date
- September 26, 2027
- Employer threshold
- More than 25 employees (the statute doesn't say whether only Delaware employees count)
- Required: pay range
- Yes: a good-faith pay range
- Required: benefits
- Yes: a general description of benefits
- Remote roles
- Covered when offered by a Delaware-based employer
- Penalty
- First violation: written warning. Later violations: $500 to $10,000
- Enforced by
- Delaware Department of Labor; no private right of action
Who counts toward the 25-employee threshold
The law covers employers with more than 25 employees, but doesn’t say whether employees outside Delaware count. Until the Department of Labor issues guidance, the cautious reading is to count employees everywhere. A 40-person company with five people in Delaware should plan to comply.
Remote roles
Remote roles offered by Delaware-based employers are covered. Many companies are incorporated in Delaware without being based there; incorporation alone isn’t the test the law uses, but companies with a real Delaware presence should treat their remote postings as covered.
Getting ready before 2027
The first violation brings a written warning, and later ones carry fines of $500 to $10,000. The simplest preparation is to add a range and a short benefits line to postings now: Delaware employers hiring remotely are probably already reached by laws in states like Colorado, Washington or New York. The posting templates include both.
Frequently asked questions
Does Delaware require salary ranges in job postings?
Starting September 26, 2027, yes. Employers with more than 25 employees must include a good-faith pay range and a general description of benefits in job postings.
Is Delaware's pay transparency law in effect yet?
No. It was signed September 26, 2025 and takes effect September 26, 2027.
What is the penalty under Delaware's pay transparency law?
A first violation brings a written warning. Later violations carry fines from $500 to $10,000, enforced by the Delaware Department of Labor. There is no private right of action.
See the Delaware law reference page for the rule as our validator applies it, or compare every state in the state-by-state table.
Getting ready for Delaware? The PayTransparency validator already checks postings for a range and a benefits description, free with no signup, so you can fix postings before the 2027 date.
This guide summarizes the statute and published guidance. It isn’t legal advice.