Delaware to require salary and benefit disclosures in job postings 

October 20, 2025

On Sept. 26, 2025, Delaware’s governor signed legislation (HB 105) that will require private and public employers with 25 or more employees to include salary or wage information and a general description of benefits in all postings for job opportunities. The law takes effect two years after its enactment — on Sept. 26, 2027. The state’s Department of Labor (DOL) will enforce the requirements and promulgate administrative regulations.

Application. Private and public employers based in Delaware — with 25 or more employees — must comply with the posting and disclosure requirements for jobs located in Delaware and for noninternational remote positions offered.

Disclosure requirements. If an employer announces, posts, or otherwise makes known a job opportunity, it must include the hourly or salary compensation range and a general description of the benefits and other compensation. The breadth of the range provided is one factor relevant to the analysis of whether there has been good-faith compliance. Postings for positions:

• Paid on a commission basis, whether in whole or in part, must disclose that fact and are not required to disclose the compensation or compensation range.
• Paid on a tipped basis shall disclose that fact and provide the base wage or range of base wages.
• Covered by a collective bargaining agreement (CBA) must disclose the compensation or compensation range approved for disclosure under this section in the CBA. This applies only to CBAs executed, amended, modified, renewed or replaced after Sept. 28, 2027.

If an external or internal posting has not been made available to an applicant, the employer must provide the above information prior to any offer or discussion of compensation and at any time upon request.

Hourly or salary compensation range. “Hourly or salary compensation range” means the minimum to maximum pay range for the:

• Position set in good faith by reference to any applicable pay scale
• Previously determined range for the position
• Actual range of others currently holding equivalent positions
• Budgeted amount for the position.

Disclosure exceptions. Temporary, interim or acting job opportunities that require an immediate hire are exempt from the disclosure requirements. The DOL may promulgate regulations to clarify this exception.

Also, a third party who posts or reposts a notification regarding a job opportunity is not subject to liability or enforcement. Finally, an employer is not liable for job postings that are digitally replicated and published without its consent.

Record retention. An employer shall make, keep and preserve records of job descriptions and salary or wage rate history for each employee for the duration of the employment plus three years after the end of employment and shall make such records available to the DOL upon request.

Enforcement. The DOL shall administer and enforce these requirements and adopt regulations to establish administrative procedures. The regulations will require the DOL’s secretary to issue a final written order, in writing, whenever penalties are imposed. The law specifies appeal rights to the Superior Court.

Penalties. For a first offense, an employer shall receive a written warning. For any second or subsequent offense, an employer is subject to a civil penalty of at least $500 but no more than $10,000 for each violation.

Nonretaliation. An employer who discharges or in any manner discriminates against an individual because that individual has made a complaint or has given information to the DOL, or because the individual has started or plans to start a legal case or has testified or plans to testify in such a case, is subject to a civil penalty.

In recent years, several states have enacted legislation requiring the disclosure of salary ranges and pay data. For example, in New York an employer, employment agency, employee or agent thereof must include compensation or the compensation range when advertising a job, promotion or transfer opportunity that will physically (at least in part) be performed in New York. Employers must disclose — voluntarily or upon request — information about salary ranges for open positions or promotions in California, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, Rhode Island, Vermont (effective Jan. 1, 2025), Washington and Washington, DC.

New Jersey’s legislation — like Colorado — is an example of pay transparency broadening into opportunity transparency, aimed at increasing the visibility of job opportunities to employees and candidates.

For more information, please refer to the Roundup: US employer resources on states’ recent equal pay laws.

Assess readiness: review the compensation foundation for the following

Are jobs clearly defined?

• Is pay aligned to pay philosophy and market?
• Has the organization’s pay equity been analyzed?
• Are managers equipped to communicate pay ranges? 

Set your destination: address key questions around where you’re headed

• What will be shared (e.g., what elements of pay and total rewards)?
• Who will it be shared with — all employees, managers only, or certain segments?
• How will it be shared?

Plan for the journey: address gaps and risks in your current environment

• Job structures
• Gaps in pay equity and competitiveness
• Talent acquisition and employee communication technology
• Manager education and resources

Share the story: address gaps and risks in the current environment

• Job structures
• Gaps in pay equity and competitiveness
• Talent acquisition and employee communication technology
• Manager education and resources

Measure the impact: assess success through data and insights

• Applicants per opening, time to fill, offer acceptance rates
• Candidate surveys
• Employee engagement and perceptions
• Statistical modeling around turnover and other outcomes

• HB 105 (Legislature) 

• Roundup: US employer resources on states’ recent equal pay laws (regularly updated)
• Massachusetts to require salary disclosures, wage data reporting (updated Oct. 12, 2025)
• New Jersey law requires disclosures, pay transparency in job postings (Dec. 2, 2024)
• Vermont to require pay range disclosures in job advertisements (Aug. 5, 2024)
• Minnesota to require salary range and benefit disclosures in job postings (May 23, 2024)
• Washington, DC, to enhance wage transparency (May 14, 2024)
• Colorado amends equal pay requirements (Dec. 13, 2023)
• Illinois to require pay scale and benefits disclosure in job postings (Aug. 28, 2023)
• Hawaii to require pay disclosure in job listings, expands equal pay law (July 18, 2023)
• EU pay transparency law approved (May 30, 2023)
• New York to require salary ranges in job postings (March 9, 2023) 
• California to impose more salary disclosure, pay data reporting (Oct. 3, 2022)
• Salary information will be required in New York City job postings (May 4, 2022)
• Washington regulator clarifies new pay disclosure requirements (Dec. 19, 2019)

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