Who has to post pay ranges under Delaware's pay transparency law?
Quick answer
Employers with 26 or more employees, from September 26, 2027. Delaware's law (19 Del. C. 709C) does not apply to employers with 25 or fewer. For covered employers it applies to jobs located in Delaware and to noninternational remote positions offered by an employer based in Delaware. Job boards and others that repost a listing are not liable, and temporary, interim or acting jobs needing an immediate hire are exempt from the posting rule.
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Small employers | The section does not apply to an employer with 25 or fewer employees (709C(h)(1)) | 19 Del. C. 709C |
| Which jobs | For employers with 26 or more employees: jobs located in Delaware and noninternational remote positions offered by an employer based in Delaware (709C(h)(2)) | 19 Del. C. 709C |
| What to post | The hourly or salary compensation or range and a general description of benefits and other compensation (709C(b)(1), (c)(1)) | 19 Del. C. 709C |
| Temporary hires | Temporary, interim or acting job opportunities that require an immediate hire are exempt from the posting requirement in (b)(1) (709C(b)(3)) | 19 Del. C. 709C |
| Third parties | A third party who posts or reposts a job notice is not liable; an employer is not liable for postings digitally replicated without its consent (709C(g)) | 19 Del. C. 709C |
| Union jobs | Applies to postings covered by a collective bargaining agreement only after the agreement is executed, amended, modified, renewed or replaced after September 26, 2027 (709C(i)) | 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 |
Does a Delaware company have to post pay for remote jobs?
Yes, if it has 26 or more employees and the remote job is not international: the law covers noninternational remote positions offered by an employer based in Delaware (709C(h)(2)).
Does an out-of-state employer have to post pay for a Delaware job?
The law covers jobs located in Delaware for employers with 26 or more employees (709C(h)(2)). The statute does not say where those employees must be counted; check with counsel if your headcount is mostly outside Delaware.
Is the recruiter or job board liable?
No. A third party who posts or reposts the notice is not subject to liability or enforcement, and the employer is not liable for postings copied without its consent (709C(g)).
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What else do people ask?
When does it start?
September 26, 2027.
What is the fine?
A written warning first, then $500 to $10,000 per violation; one job opportunity is one violation however often it is posted (709C(e)(2)).
Who enforces it?
The Delaware Department of Labor, through administrative proceedings (709C(e)(1)).
Is this legal advice?
No. General information only.
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