On September 26, 2025, Delaware’s governor signed into law House Substitute No. 2 for House Bill (HB) No. 105. Starting in September 2027, Delaware will require employers to disclose compensation and benefits information in job postings.

This new law applies to employers with 26 or more employees and to jobs located in Delaware and non-international remote positions offered by an employer based in Delaware. The job postings apply to both external and internal postings.

The pay transparency law requires job postings to contain the following information:

1. Hourly or salary compensation or the hourly or salary compensation range.
2. A general description of the benefits and other compensation applicable to the job opportunity.

There are several nuances to the disclosure requirements:

1. For jobs that are paid on a commission basis, whether in whole or in part, the posting must disclose that fact and is not required to disclose the compensation or compensation range.
2. For jobs that are paid on a tipped basis, whether in whole or in part, the posting must disclose that fact and provide the base wage or range of base wages for the job opportunity.
3. For jobs that are covered by a collective bargaining agreement, the posting must disclose the compensation or compensation range that has been approved for disclosure under this section in the collective bargaining agreement.
   1. This applies to job postings covered by a collective bargaining agreement only after the collective bargaining agreement is executed, amended, modified, renewed, or replaced after the effective date of the Act.
4. A third party who posts or reposts a notification regarding a job opportunity is not subject to liability or enforcement under this new pay transparency law.

Employers are required to keep and preserve records of each employee’s job descriptions, salaries, and wage rate history for at least 3 years. They must make the records available to the Delaware Department of Labor.

The new law will be administered and enforced by the Delaware Department of Labor through administrative proceedings. An employer who violates or fails to comply in good faith with the new pay transparency law will be subject to the following penalties:

• First offense: written warning
• Second or subsequent offense: subject to a civil penalty of between $500 and $10,000 for each violation.

In addition, an employer who discharges or retaliates against an individual because the individual either made a complaint, provided information to the Delaware Department of Labor, or instituted or testified in any proceedings will be subject to a civil penalty of between $500 and $10,000 for each discharge or act of retaliation.

Employers will not be liable for job postings that are digitally replicated and published without their consent.

Employers with 26 or more employees that advertise job openings either located in Delaware or for non-international remote positions offered by an employer based in Delaware, should:

• Review both internal and external job postings to include the required compensation information and a general description of the benefits and other compensation applicable to the job opportunity.
• Establish a recordkeeping system to properly maintain accurate records of job descriptions, salaries, and wage rate histories for each employee for at least 3 years.
• Contact any recruiters or third parties that post the job postings on their behalf to ensure they are aware of and comply with the new wage transparency requirements.