Pay Transparency Laws in Delaware
Delaware has pay transparency requirements
Delaware requires employers to provide the compensation range for a position upon request by an applicant who has been offered the position. Delaware also prohibits employers from screening applicants based on compensation history or requiring salary history disclosure. Salary ranges are not required in job postings.
Key details
| Pay transparency law? | Yes |
|---|---|
| Salary range in job postings? | No |
| Salary range on request? | Yes |
| Salary history ban? | Yes |
| Employer size threshold | 1+ employees — Applies to all employers. |
| Effective date | December 19, 2023 |
| Penalties | Enforcement through the Delaware Department of Labor. |
| Statute | Del. Code tit. 19, SS 709B (HB 105) |
Pay Transparency Laws in Delaware: what you need to know
Delaware has enacted a pay transparency law that affects how employers handle salary information. Delaware requires employers to provide the compensation range for a position upon request by an applicant who has been offered the position. Delaware also prohibits employers from screening applicants based on compensation history or requiring salary history disclosure. Salary ranges are not required in job postings. Pay transparency laws are one of the fastest-growing areas of employment regulation in the country, and Delaware is among the states leading this trend.
In Delaware, employers must provide salary range information upon request (even though they are not required to include it in the job posting itself). This means you can ask a prospective employer for the salary range at any point during the hiring process.
Delaware also prohibits employers from asking about your salary history during the hiring process. This is an important protection because relying on salary history can perpetuate wage gaps, particularly for women and people of color who may have been underpaid in previous positions. Employers in Delaware must base compensation on the value of the role and your qualifications, not on what you earned before.
Enforcement of Delaware's pay transparency law includes penalties for non-compliance. Enforcement through the Delaware Department of Labor. These penalties give the law teeth and create an incentive for employers to comply proactively rather than waiting for a complaint.
For Delaware workers, understanding pay transparency laws (or the lack thereof) is important for salary negotiations. Even without mandatory disclosure, researching salary ranges through resources like the Bureau of Labor Statistics, Glassdoor, or industry surveys can give you leverage in negotiations. Knowledge of the market rate for your role and experience level is one of the most powerful tools you have in any salary conversation.
Pay transparency is one of the fastest-changing areas of employment law in the United States. Even if your state does not currently have a law, the trend is clearly moving toward greater disclosure requirements. Since 2019, more than a dozen states have enacted pay transparency laws, and the pace of new legislation is accelerating. Workers and employers in all states should prepare for the possibility of future requirements.
More Delaware workplace laws
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Frequently asked questions about pay transparency laws in Delaware
No. Delaware does not currently require employers to disclose salary ranges in job postings.
No. Delaware has a salary history ban that prohibits employers from asking about your previous compensation during the hiring process.
Yes. Delaware requires employers to provide salary range information upon request.
Enforcement through the Delaware Department of Labor.
This depends on the specific provisions of Delaware law. Some states require transparency for any job that can be performed in the state, while others apply only to positions physically located there. Check the specific statutory language or consult an attorney.