Delaware Requires Pay Transparency in Job Postings - HR ALERTS

Delaware Requires Pay Transparency in Job Postings

Effective: September 26, 2027

Delaware has enacted a pay transparency law that will require employers to disclose pay and benefits information in job announcements. This continues the nationwide trend toward mandatory pay transparency. The new requirements take effect September 26, 2027.

Who Is Covered

• Employers with 26 or more employees.

• Applies to positions based in Delaware and to out of state roles if the employer is based in Delaware.

What Must Be Included in Job Postings

Employers must provide in good faith:

• The hourly or salary pay rate or range.

• A general description of benefits.

• A general description of other compensation.

Pay ranges must be based on one of the following:

• An applicable pay scale.

• The previously determined pay range for the position.

• The actual pay range of employees in the equivalent role.

• The budgeted amount for the position.

Special Cases

• Commission based roles: employers must state that compensation is commission based. A specific range is not required.

• Tipped roles: employers must list the pre tip compensation rate or range and clarify that the role receives tips.

This information must be provided any time a job opportunity is shared internally or externally. If no posting is used, employers must provide pay and benefits information before any compensation discussion or whenever an applicant requests it.

Exception

Temporary, interim, or acting roles that require an immediate hire do not need pay transparency in the announcement.

Recordkeeping Requirements

Employers must retain:

• Job descriptions

• Records of each employee’s pay

These must be kept for at least three years. Because the law does not specify the exact timing, employers should keep records for the duration of employment and at least three years after separation unless further guidance is issued.

Action Required

Begin updating job posting templates and internal hiring processes to comply before September 26, 2027.

House Bill 105  was signed on September 26, 2025.

---

Get day-to-day updates on Delaware Requires Pay Transparency in Job Postings visit the Vida HR Knowledge Center (Vida HR Clients Exclusive).