State laws / DE
Delaware pay transparency law
What Delaware employers must disclose in job postings, who's covered, and the penalty for non-compliance.
- Statute
- Delaware HS 2 for HB 105
- Requirement type
- In-posting disclosure
- Effective
- September 26, 2027
- Applies to
- Employers with 26+ employees
- Salary range in postings
- Required
- Benefits description
- Required
- Penalty
- $500–$10,000 per violation
- Enforced by
- Delaware Department of Labor
- Notes
- Signed September 26, 2025; effective September 26, 2027. Employers with more than 25 employees (the statute does not say whether only Delaware employees count) must include a good-faith pay range and a general description of benefits in postings, including remote roles offered by Delaware-based employers. First violation: written warning; later violations $500-$10,000. Enforced by the Department of Labor; no private right of action.
Delaware has passed a pay-transparency law, but it is not in force yet. HS 2 for HB 105, signed September 26, 2025, takes effect September 26, 2027. From then, employers with more than 25 employees must include a good-faith pay range and a general description of benefits and other compensation in job postings, including remote roles offered by Delaware-based employers.
Enforcement sits with the Delaware Department of Labor. A first violation draws a written warning; later violations carry civil penalties of $500 to $10,000. The statute doesn't say whether the 25-employee count is Delaware staff or the whole company, so employers near the line should watch for Department of Labor guidance. A posting built for Colorado or Illinois, with a range and benefits language, will generally already comply.
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Frequently asked questions
Does Delaware require salary ranges in job postings?
Not yet. Delaware's law (HS 2 for HB 105) takes effect September 26, 2027. From that date, employers with more than 25 employees must include a good-faith pay range and a description of benefits in job postings.
What is the penalty for violating Delaware's pay transparency law?
Once the law is in effect, a first violation results in a written warning. Later violations carry civil penalties of $500 to $10,000 per violation, enforced by the Delaware Department of Labor. There is no private right of action.
Who enforces pay transparency in Delaware?
The Delaware Department of Labor, which can bring an administrative action. Employers must also keep job-description and wage-rate records for at least three years.
Neighboring states
- Maryland: pay range required in job postings
- New Jersey: pay range required in job postings
- Pennsylvania: no statewide posting law
See every state’s pay transparency law or which laws reach remote postings.