Delaware Passes Pay Transparency Law

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Maria V. Martin

February 19, 2026

On September 26, 2025, Delaware Governor Matthew Meyer signed House Bill 105 into law, which is a significant step towards transparency in compensation in the workplace.  With an implementation date of September 26, 2027, Delaware is now among the growing list of states requiring salary disclosure.

Scope of the Law
The law applies to employers with 26 or more employees.  The law also applies to jobs based in Delaware and non-international remote positions offered by Delaware-based employers.

Posting Requirement
Beginning September 26, 2027, the law will require employers to disclose the hourly or salary compensation range for positions in all job postings (both external and internal), as well as a general description of benefits or other compensation.  If a job opportunity is not posted, the employer must provide this information to the job applicant before any offers are extended or discussions about compensation take place, or at any time upon the applicant’s request.

Record-Keeping Requirement
In addition to the posting requirement, employers must maintain records related to job descriptions and wage rates for at least three years.

Exceptions
The following positions/circumstances are exempt from the law’s requirements:

• Temporary or immediate-hire positions that are interim in nature
• For positions paid primarily on a commission basis, employers must disclose the commission compensation structure, but are not required to disclose the compensation or compensation range.  By contrast, for tipped positions, employers must disclose both that the position is eligible for tips and the base wage or wage range.
• Jobs covered by collective bargaining agreements become subject to the posting requirement only when the agreement is renewed, amended, or replaced after the law goes into effect.
• Job postings that are digitally replicated or published without the employer’s consent
• Third parties who post or repost job opportunities are not subject to the law.

Enforcement
The law does not provide for a private cause of action.  Rather, the Delaware Department of Labor is responsible for developing administrative regulations and enforcing the law.  Enforcement procedures include:

• A written warning for the first violation
• Civil penalties ranging from $500 to $10,000 for subsequent violations for employers who violate the law or fail to comply in good faith with any of its requirements

Anti-Retaliation Provision
The law prohibits employers from discharging or in any manner discriminating against an individual because that individual complained about a violation of the law, provided information to the Delaware Department of Labor about a violation of the law, or is otherwise participating in an agency action about a violation of the law.

Employer Takeaways
Delaware employers should begin to review their positions and establish salaries or compensation ranges for positions covered by the law.  Delaware employers also should begin to update their job posting templates to include compensation and benefits disclosures, train employees about the law’s requirements, and update their record-keeping procedures to comply with the law.

The author of this article, Maria V. Martin, is a member of the Bars of New Jersey, New York, Ohio, and Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in New Jersey, New York, Ohio, Pennsylvania, Delaware, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.