Delaware adopts pay‑transparency law

Delaware has adopted a pay-transparency law that will make many employers put pay ranges and benefits in job postings starting September 26, 2027. (legis.delaware.gov) Gov. Matt Meyer signed House Substitute 2 for House Bill 105 on September 26, 2025. The law applies to employers with 26 or more employees, because it exempts employers with 25 or fewer workers. (legis.delaware.gov) The rule covers both internal and external postings for jobs based in Delaware and for non-international remote roles offered by a Delaware-based employer. If no posting is made, the employer still has to give the pay and benefits information before any offer or pay discussion, and on request. (legis.delaware.gov; mercer.com) Postings must show the hourly wage or salary, or a range, plus a general description of benefits and other compensation. The law says a range must be set in good faith, using a pay scale, a previously set range, the pay of equivalent workers, or the budgeted amount for the job. (legis.delaware.gov; duanemorris.com) The measure gives employers a two-year runway to rebuild hiring systems, pay bands, and recordkeeping before enforcement begins. Delaware’s Department of Labor will write regulations and enforce the law through administrative proceedings. (legis.delaware.gov; mercer.com) The law also pulls internal promotions and transfers into the same disclosure framework, not just public recruiting ads. That puts Delaware in line with a broader state-level shift toward making compensation visible earlier in the hiring process. (legis.delaware.gov; ogletree.com) There are carveouts. Commission-only jobs do not need a numeric pay range if the posting says the role is paid on commission, while tipped jobs must disclose that they are tipped and list the base wage or base-wage range. (duanemorris.com; mercer.com) Temporary, interim, or acting roles that require an immediate hire are exempt. For jobs covered by a collective bargaining agreement, the posting rule applies only after the agreement is executed, amended, modified, renewed, or replaced after the law takes effect. (duanemorris.com; legis.delaware.gov) Employers must keep records on job descriptions and wage-rate history for each employee during employment and for three years after employment ends. A first violation brings a written warning, and later violations can draw civil penalties of up to $10,000 each. (legis.delaware.gov; duanemorris.com) The next date that matters is September 26, 2027. By then, covered Delaware employers will need job postings that say more than the job title. (legis.delaware.gov)