Delaware recently enacted a pay transparency law requiring employers to include a pay range and general description of benefits in all job postings. This is Delaware’s first significant step to expand pay-related protections for job applicants since the state’s 2017 ban on salary inquiries. Now, most Delaware employers will be required to disclose pay ranges and include a general description of benefits in their job postings. The pay transparency law will take effect in September 2027.

Who must comply with the pay transparency requirements?

The pay transparency requirements apply broadly to any individual or legal entity which employs 26 or more employees. The law is not clear whether the number of employees includes only those employed in Delaware, or if it also counts those employed outside the state.

The pay transparency requirements apply to any jobs located in Delaware, as well as non-international remote positions offered by employers based in Delaware.

For jobs covered by a collective bargaining agreement, the posting requirement applies only after the collective bargaining agreement is executed, amended, modified, renewed, or replaced after the law becomes effective.

What must covered employers do to comply?

Covered employers must disclose in their postings for new jobs both the hourly or salary compensation range and a general description of benefits or other compensation for the position. This could include health insurance, retirement plans, bonuses, or other...

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