Delaware to Require Pay Disclosure in Job Postings

The Details

Delaware has enacted legislation that will require employers with more than 25 employees to include certain information about compensation and benefits in both internal and external postings of job opportunities. The law takes effect two years after enactment, which took place on Sept. 26, 2025.

The law (House Substitute No. 2 to House Bill No. 105) applies to postings for jobs:

• Located in Delaware; and
• Non-international remote positions offered by a Delaware-based employer.

Disclosure Requirements

Specifically, covered employers must disclose all of the following information in the notification of each job opportunity in both internal and external job postings:

• The hourly or salary compensation or the hourly or salary compensation range. The law states that the breadth of the hourly or salary compensation range provided will be one factor relevant to the analysis of whether an employer has complied in good faith with the law; and
  
• A general description of the benefits and other compensation applicable to the job opportunity.
  

If a covered employer announces, posts, or otherwise makes known a job opportunity, the employer must include the hourly or salary compensation range and a general description of the benefits and other compensation.

If an external or internal posting for the job opportunity hasn’t been made available to an applicant, a covered employer must provide the required compensation and benefits information for the job opportunity prior to any offer or discussion of compensation and at any time at the applicant’s request.

Pay Range Defined

Under the law, “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, the actual range of others currently holding equivalent positions, or the budgeted amount for the position, as applicable.

Other Notification Provisions

A notification for a job opportunity that is paid on a commission basis, whether in whole or in part, must indicate that the individual hired will be paid on a commission basis and that the employer isn’t required to disclose the compensation or compensation range.

A notification for a job opportunity that is paid on a tipped basis must indicate that the individual hired will be paid on a tipped basis and provide the base wage or range of base wages for the job opportunity.

The compensation disclosure requirements don’t apply to temporary, interim, or acting job opportunities that require an immediate hire. The law permits the Department of Labor to issue regulations for temporary, interim, or acting job opportunities that necessitate immediate hire.

Note: The law applies to the posting of job opportunities covered by a collective bargaining agreement only after the collective bargaining agreement is executed, amended, modified, renewed, or replaced after the law’s effective date. The compensation or compensation range disclosed for that job opportunity should be the one that has been agreed upon in the collective bargaining agreement.

Recordkeeping

Covered employers must make, keep, and preserve records of job descriptions and salary or wage rate history for each employee for at least three years.

Retaliation Prohibited

The law prohibits employers from discharging or discriminating against an individual because they:

• Made a complaint or have given information to the Department of Labor;
• Started or are about to start any proceedings under the law; or
• Have testified or are about to testify in any such proceedings.

Next Steps

Covered employers should prepare to disclose the required compensation and benefits information in job postings and comply with the law’s recordkeeping requirements by the effective date.