Bill > HB105

This bill introduces pay transparency requirements for employers in Delaware, mandating that job postings include the hourly or salary compensation range and a general description of benefits. Specifically, for any job opportunity (internal or external), employers with more than 25 employees must disclose the pay range and benefits information before making an offer or discussing compensation. The bill defines "hourly or salary compensation range" as the minimum to maximum pay range set in good faith, based on factors like existing pay scales or budgeted amounts. There are some exemptions, such as temporary positions requiring immediate hire and jobs paid on commission. Employers must keep records of job descriptions and wage histories for at least three years. The Delaware Department of Labor will administer and enforce the law, with penalties ranging from a written warning for a first offense to civil penalties of $500-$10,000 for subsequent violations. The law also protects employees from retaliation if they report violations. Third-party job posting platforms are not liable for non-compliant postings, and the law does not apply to employers with 25 or fewer employees. The bill will take effect two years after its enactment, giving employers time to adapt to the new requirements.

Labor and Employment

https://legis.delaware.gov/BillDetail?LegislationId=141997