Does Delaware's pay range law cover internal postings and applicants who never saw a job ad?
Quick answer
Yes. From September 26, 2027, covered Delaware employers (26+ employees) must put the pay or pay range and a general benefits description in both internal and external postings. If an applicant never saw a posting, the employer must give the range and benefits before any offer or discussion of pay, and at any time the applicant asks. Employers must also keep job descriptions and wage rate history for each employee for at least 3 years (19 Del. C. 709C(b)-(d)).
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Internal and external | Disclose the hourly or salary compensation or range and a general description of benefits and other compensation in the notification of each job opportunity in both internal and external job postings (709C(c)(1)) | 19 Del. C. 709C |
| No posting seen | If no posting was made available to an applicant, provide the range and benefits description before any offer or discussion of compensation and at any time at the applicant's request (709C(b)(2)) | 19 Del. C. 709C |
| Good-faith range | Minimum to maximum pay set in good faith by reference to the pay scale, a previous range, the actual range of others in equivalent positions, or the budget; how wide the range is counts in judging good faith (709C(a)(2), (c)(1)a) | 19 Del. C. 709C |
| Commission, tipped, union | Commission jobs: disclose that fact (no range needed); tipped jobs: disclose that and the base wage or range; CBA jobs: the range approved for disclosure in the agreement (709C(c)(2)) | 19 Del. C. 709C |
| Records | Keep records of job descriptions and salary or wage rate history for each employee for not less than 3 years and make them available to the Department of Labor on request (709C(d)) | 19 Del. C. 709C |
| Retaliation | Discharging or discriminating against someone for complaining, giving information or testifying: $500 to $10,000 per act (709C(e)(3)) | 19 Del. C. 709C |
| Start date | Effective September 26, 2027 (bracketed note on 709C in the Delaware Code) | 19 Del. C. 709C |
| Penalty | First offense: written warning. Second and later: civil penalty of $500 to $10,000 per violation; failing to comply for one job opportunity is one violation however many times it is posted (709C(e)(2)) | 19 Del. C. 709C |
| Last verified | November 2, 2026 | Astor Ventures |
Do internal promotion postings need a range?
Yes. The disclosure applies to each job opportunity in both internal and external job postings (709C(c)(1)).
What if I recruit by word of mouth?
If the applicant has not seen a posting, give the range and a general benefits description before any offer or discussion of compensation, and whenever the applicant asks (709C(b)(2)).
Which records do I need?
Job descriptions and salary or wage rate history for each employee, kept for at least 3 years and shown to the Department of Labor on request (709C(d)).
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What else do people ask?
Can I post "up to $90,000"?
The law asks for the compensation or a minimum-to-maximum range set in good faith (709C(a)(2), (c)(1)); an open-ended figure does not fit that definition.
Is there a fine on the first violation?
No, a written warning. Fines of $500 to $10,000 start with the second offense (709C(e)(2)).
Does it apply to employers with 25 or fewer employees?
No (709C(h)(1)).
Is this legal advice?
No. General information only.
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