Delaware has established moderate wage transparency requirements that include wage discussion protections for all employers and basic wage notification requirements for larger employers. The Delaware pay transparency law provides important worker protections while maintaining a balanced approach that varies obligations based on employer size, positioning the state with meaningful but limited transparency requirements compared to comprehensive frameworks in leading states.
Here’s what you need to know about Delaware’s wage transparency requirements and how they compare to broader pay transparency trends across other states.
Core Law & Compliance
What Is the Delaware Pay Transparency Law? (2025 Update)
Delaware’s pay transparency framework consists of several components found primarily in Delaware Code Annotated Title 19, Sections 1108 and 711(j)(1). The law provides universal wage discussion protections for all employers while establishing additional notification requirements for employers with four or more employees.
The wage discussion protections under Section 711(j)(1) prohibit all Delaware employers from restricting employees from sharing their wages and from taking adverse employment actions or retaliating against employees who discuss or disclose wage information.
For employers with four or more employees, Section 1108 requires comprehensive wage notifications at hire, advance notice of wage changes, and information about benefits including vacation, sick leave pay, and health and welfare benefits available to employees.
Delaware Salary Posting Requirements for Employers
Delaware has no requirements for employers to include salary ranges, compensation information, or benefits details in job postings. Unlike states with comprehensive pay transparency mandates, Delaware employers face no legal obligation to disclose wages in job advertisements.
This absence of posting requirements means job seekers in Delaware must navigate the application and interview process without upfront salary information, relying on traditional negotiation methods to determine compensation expectations.
The lack of salary posting requirements places Delaware among the majority of states that have not adopted proactive compensation disclosure mandates, though the state does provide stronger wage discussion protections and notification requirements than many states without posting mandates.
When Did/Does the Delaware Pay Transparency Law Take Effect?
Delaware’s wage transparency provisions represent existing legislation that has been part of the state’s employment law framework. The wage discussion protections under Section 711(j)(1) and notification requirements under Section 1108 establish Delaware’s current approach to transparency regulation.
The state has not enacted comprehensive pay transparency legislation that would require salary posting or broader transparency measures similar to those seen in leading transparency states, maintaining its focus on wage discussion protections and basic notification requirements.
Delaware has not moved toward comprehensive pay transparency reforms, keeping the state’s framework focused on fundamental worker protections rather than proactive disclosure mandates.
Employer Responsibilities
Which Employers Must Comply With the Delaware Pay Transparency Law?
Delaware’s wage transparency requirements apply differently based on employer size, creating a tiered system that balances worker protection with compliance feasibility.
All Delaware employers, regardless of size, must comply with wage discussion protection requirements under Section 711(j)(1), ensuring that workers across all organizations can discuss wages without fear of retaliation.
Employers with four or more employees face additional obligations under Section 1108, including written wage notifications at hire, advance notice of wage changes, and information about benefits available to employees.
Delaware Pay Transparency Thresholds by Employer Size
Delaware uses a graduated approach based on employer size:
- All Employers: Must comply with wage discussion protections, maintain wage and hour records for three years, and cannot restrict wage sharing or retaliate against employees who discuss wages (19 Del. Code Ann. § 711(j)(1))
- Employers with 4+ Employees: Must additionally provide written wage notifications at hire, advance notice of wage changes, and information about vacation, sick leave, and health benefits (19 Del. Code Ann. § 1108)
This tiered system ensures that all employees receive basic wage discussion protections while requiring enhanced notification obligations from employers with greater resources and workforce size.
Penalties for Violating the Delaware Pay Transparency Law
Delaware provides enforcement mechanisms for wage transparency violations, particularly under the wage discussion protection provisions. Employers who violate wage discussion protections by restricting wage sharing or retaliating against employees who discuss wages may face legal action and potential liability.
The law specifically prohibits adverse employment actions and retaliation against employees who exercise their wage discussion rights, creating potential remedies for affected employees who experience violations.
Enforcement options may include employee complaints through appropriate state agencies or individual legal action, with Delaware’s three-year record-keeping requirement supporting compliance monitoring and enforcement efforts.
Employee Rights & Impact
What Employees Should Know About the Delaware Pay Transparency Law
Delaware employees have important rights under the state’s wage transparency framework, with protections varying based on their employer’s size. All workers have explicit protection against employer restrictions on wage sharing and retaliation for discussing wages, regardless of their employer’s size.
Employees at employers with four or more employees have additional rights to written wage notifications at hire, advance notice of wage changes, and information about available benefits including vacation, sick leave, and health and welfare benefits.
However, Delaware employees do not have rights to salary information in job postings or the comprehensive transparency benefits available to workers in leading pay transparency states, limiting the scope of available protections.
Employee Rights Under Delaware Salary Posting Law
Since Delaware has no salary posting requirements, employees and job seekers have no rights to compensation information in job advertisements. This absence of posting requirements means workers must rely on traditional methods to gather salary information during job searches.
Delaware employees’ primary rights relate to wage discussion protections and, for those at larger employers, notification requirements that provide transparency about wages and benefits after hire rather than during the job search process.
The wage discussion protections do provide valuable rights that can help employees identify potential pay disparities through conversations with colleagues and take appropriate action if they discover inequitable compensation practices.
How the Delaware Pay Transparency Law Helps Reduce Wage Gaps
Delaware’s wage discussion protections provide meaningful benefits in addressing wage gaps by enabling employees to identify potential pay disparities through protected conversations with colleagues. When workers can freely discuss compensation without fear of retaliation, patterns of discrimination become more visible.
The notification requirements for employers with four or more employees ensure that workers understand their compensation terms and benefits, providing transparency that can help employees evaluate their compensation packages.
However, without salary posting requirements or comprehensive transparency measures, Delaware’s framework provides limited systematic impact on wage gap reduction compared to states with more comprehensive transparency requirements.
HR & Legal Best Practices
How HR Teams Can Comply With Delaware Pay Transparency Law
HR teams should focus on establishing clear policies and procedures that protect employees’ wage discussion rights while meeting notification requirements for covered employers.
Develop comprehensive anti-retaliation policies that explicitly protect employees’ rights to discuss and disclose wage information. Ensure these policies are clearly communicated to all managers and supervisors to prevent violations.
For employers with four or more employees, implement systems to provide written wage notifications at hire, including rate of pay and payment terms. Establish procedures for advance notice of wage changes and ensure employees receive information about available benefits.
Maintain comprehensive wage and hour records for at least three years as required by Delaware law, supporting compliance monitoring and potential enforcement needs.
Updating Job Postings to Meet Delaware Salary Transparency Rules
Since Delaware imposes no salary posting requirements, employers have complete discretion regarding compensation information in job advertisements. There are no legal obligations to include salary ranges, benefits information, or other compensation details.
However, employers competing for talent in a national market may find it advantageous to voluntarily include salary information to attract candidates who have become accustomed to upfront compensation details from employers in transparency states.
Job postings should focus on compliance with other applicable employment laws while considering competitive positioning against employers in transparency states who provide comprehensive compensation information.
Does the Delaware Pay Transparency Law Apply to Remote or Hybrid Workers?
Delaware’s wage transparency requirements apply to all employees working in Delaware, regardless of work arrangement. Remote, hybrid, and in-person workers all have the same rights to wage discussion protections under Section 711(j)(1).
For employers with four or more employees, the notification requirements apply equally across all work arrangements, ensuring that remote and hybrid workers receive the same wage notifications and benefits information as traditional in-office employees.
The record-keeping requirements apply to all Delaware employees regardless of their work location within the state, maintaining consistent protection and documentation across different employment arrangements.
Comparison and Broader Context
How Delaware Pay Transparency Rules Compare With California and New York
Delaware’s approach to wage transparency provides moderate protections compared to the comprehensive frameworks in California and New York. While California requires detailed salary disclosure in job postings from covered employers, Delaware has no posting requirements.
However, Delaware’s universal wage discussion protections provide stronger anti-retaliation measures than some states, while the tiered notification system based on employer size creates a balanced approach that recognizes varying compliance capabilities.
The gap between Delaware and leading transparency states remains significant in terms of proactive transparency measures, but Delaware’s focused approach provides meaningful protection for wage discussion rights and basic notification requirements.
Federal Pay Transparency Requirements vs. Delaware Law
Delaware’s wage discussion protections supplement federal National Labor Relations Act provisions while providing specific state-level enforcement mechanisms. The state’s approach enhances federal protections with clear anti-retaliation provisions and record-keeping requirements.
Federal contractors in Delaware benefit from federal salary disclosure requirements that exceed what Delaware state law provides, making federal protections important for comprehensive transparency in the state.
Delaware’s framework demonstrates how state legislation can enhance specific aspects of worker protection while federal requirements provide broader transparency mandates for certain employers.
Pay Transparency Laws by State: Where Does Delaware Stand?
Delaware occupies a middle position among states in pay transparency protection, with meaningful wage discussion rights and notification requirements but no salary posting mandates. The state provides more protection than states with no transparency laws but less comprehensive coverage than leading transparency states.
Delaware’s tiered approach based on employer size demonstrates a practical implementation strategy that balances worker protection with compliance considerations for smaller employers.
The state’s approach represents a moderate strategy that provides meaningful worker rights in specific areas of pay transparency without comprehensive transparency mandates across all aspects of employment.
FAQs About the Delaware Pay Transparency Law
Do small businesses need to comply with Delaware pay transparency law?
All Delaware employers must comply with wage discussion protections and cannot restrict wage sharing or retaliate against employees who discuss wages. However, only employers with four or more employees must provide written wage notifications at hire, advance notice of wage changes, and benefits information. All employers must maintain wage and hour records for three years.
How should employers update existing job postings?
Delaware does not require salary information in job postings, so employers have no legal obligation to update their job advertisements with compensation details. Employers may choose to include salary ranges voluntarily to remain competitive with employers in transparency states or to attract candidates who expect upfront compensation information.
Are salary ranges required for internal postings as well as external ones?
Delaware has no requirements for salary ranges in either internal or external job postings. The state’s requirements focus on wage discussion protections and post-hire notification requirements for larger employers, not on proactive salary disclosure in job advertisements or internal promotion opportunities.
What happens if employers fail to disclose salaries?
Since Delaware does not require salary disclosure in job postings, there are no penalties for failing to include compensation information in advertisements. However, employers who restrict wage sharing or retaliate against employees for discussing wages face potential legal action, and larger employers who fail to provide required notifications may face enforcement action.
Ready to learn more? Schedule a demo today!
Looking for pay transparency laws for a different state? View our interactive map of pay transparency laws by state.
