Delaware’s New Pay Transparency Law

On September 26, 2025, Delaware became the latest state to implement pay transparency laws when Delaware Governor Matt Meyer signed HB 105 into law.  

Delaware’s Pay Transparency Requirements

The law goes into effect 2 years from the date the bill was signed. So, beginning in September 2027, employers with more than 25 employees will be required to include the pay range and a general description of benefits and other compensation in all job postings for positions that are either located in Delaware or are non-international remote positions offered by an employer based in Delaware.

Information to Applicants 

Employers will also be required to provide pay ranges and benefit information to an applicant before any discussion about compensation and upon the applicant’s request if the information is not already available in the job posting. 

Exceptions

As always, this new law includes exceptions, and these requirements do not apply to the following: 

• Interim or temporary jobs that must be filled immediately 
• Job postings that are digitally duplicated and published without the employer’s consent 
• Job opportunities covered by a collective bargaining agreement (CBA) unless the CBA is amended to contemplate pay transparency requirements during negotiations

Penalties

Employers who violate the pay transparency law will receive a written warning for a first offense, but subsequent violations could result in civil penalties between $500 and $10,000 per violation.