Delaware has joined a growing list of jurisdictions mandating pay transparency in job postings, adopting legislation that will take effect on September 26, 2027. The law imposes new disclosure and recordkeeping obligations on employers and reflects a broader nationwide trend toward increased compensation transparency. Delaware-based employers, particularly those operating across multiple jurisdictions, should begin preparing now to ensure compliance.
Broad reach of Delaware’s Pay Transparency Law
Beginning in September 2027, Delaware will require employers with more than 25 employees to include compensation-related information in job postings. The law applies to both for-profit and non-profit employers and extends to positions that are either based in Delaware or performed remotely elsewhere in the United States.
Notably, the law’s reach is not determined solely by where the employee performs the work. Instead, it applies to jobs located in Delaware as well as non‑international remote positions offered by employers based in Delaware. As a result, employers with a Delaware base may be subject to the law’s requirements even when recruiting for fully remote roles performed outside the state.
Required job posting disclosures
The law requires employers to include a good‑faith, general description of the compensation and benefits applicable to the position. Compensation ranges must likewise be set in good faith using objective reference points, such as an applicable pay scale,...
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