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Wednesday, June 24, 2026

3 New Pay Transparency State Laws Raise Compliance Risks - Foley & Lardner LLP

In recent years, wage transparency laws have taken root in numerous states and localities across the U.S., adding a new layer of complexity to the hiring landscape. While each wage transparency law varies slightly, most require employers to disclose compensation information — such as salary or hourly pay ranges and benefits descriptions — when advertising for open positions.

Three recent developments — Delaware’s newly enacted wage transparency law, Maine’s recently signed pay transparency statute, and New Jersey’s proposed implementing regulations related to its wage transparency law — illustrate the continued momentum in this area and underscore the need for employers to remain apprised of changes and updates to the law.

Delaware’s Law

In September, Delaware Gov. Matt Meyer signed into law new pay transparency legislation, adding Delaware to the growing list of states enacting such laws.[1] Delaware’s pay transparency law, House Substitute 2 for H.B. 105, takes effect on Sept. 26, 2027, which gives Delaware employers two full years to adjust their policies and practices to ensure compliance.

As of the effective date, covered employers must disclose the hourly or salary compensation range, as well as a description of benefits and compensation in job postings every time they announce a job opportunity. This requirement applies to both external and internal job postings.

H.B. 105 defines the term “hourly or salary compensation range” as the “minimum to maximum pay range...



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