Delaware: New Pay Transparency Requirements

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APPLIES TO

Employers in DE with 26+ Employees

EFFECTIVE

September 26, 2027

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Quick Look

  • New pay transparency requirements will require covered employers to include compensation information and benefits descriptions in both internal and external job postings.
  • The new law also imposes new recordkeeping requirements, and penalties for employer violations.

Discussion

On September 26, 2025, Delaware Governor Matt Meyer signed HB 105, adding Delaware to the growing list of states with pay transparency obligations for employers. The law is set to take effect on September 26, 2027, and will apply to employers with 26 or more employees.

 

Under HB 105, covered employers must include the hourly or salary compensation or compensation range and a general description of benefits and other compensation in any external or internal job postings. If no job opportunity has been made available to the applicant, employers must provide such information prior to an offer or discussion of compensation or at any time upon the applicant’s request.

 

The law applies to Delaware-based positions and certain remote roles offered by Delaware employers, with limited exceptions including interim or temporary jobs that need to be filled immediately and positions covered by a collective bargaining agreement that is executed, amended, modified, renewed or replaced before September 26, 2027.

 

In addition to the disclosure requirements, the new law imposes new recordkeeping requirements on employers. Specifically, employers must make, keep and preserve job descriptions and salary and wage rate history for each employee for at least three years.

 

Employers that fail to comply with the law may be subject to a written warning for a first offense and civil penalties of between $500 and $10,000 for each subsequent violation or for any act of retaliation against an individual for asserting their rights under the law.

 

Action Items

  1. Review job postings to prepare for upcoming compliance with new pay transparency requirements.
  2. Conduct a pay audit to identify and remedy any pay disparities.
  3. Have appropriate personnel trained on the new requirements.

 

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase