Coverage thresholds, what has to be disclosed, by when, and what happens if it isn’t — for employers with people in Delaware.
Delaware’s law does not bite until 26 September 2027. That is not a reason to defer — it requires three years of job descriptions and salary history on demand, and the records you will need start accruing before the effective date.
Signed 26 September 2025, effective 26 September 2027. Employers with more than 25 employees.
Enforcement sits with the Delaware Department of Labor.
The retention duty is three years of job descriptions and salary history, producible on demand. An employer that starts building that on the effective date has nothing to produce for the first three years of enforcement.
The other reason to start early is the 26-employee threshold — and the statute does not say whether the count is Delaware-only or company-wide. Morgan Lewis flags this expressly. A growing employer near the line should assume the broader reading.
Delaware excludes solicitations digitally duplicated and republished without the employer’s consent — the same carve-out Washington adopted in 2025. If an aggregator scrapes your posting and strips the range, that republication is not your violation. Keeping evidence of what you actually published is how you prove it.
We support Delaware employers on the compensation side — pay equity analysis, range architecture, and how executive pay reads inside a filing or a published range. We are not attorneys and this page is not legal advice; anything marked unverified above should be confirmed with employment counsel before you act on it.
For advisory work in the region see our Dover executive compensation page.
26 September 2027, two years after it was signed. It applies to employers with more than 25 employees, though whether that count is Delaware-only or company-wide is not specified in the statute.
Job descriptions and salary or wage history for at least three years, produced to the Delaware Department of Labor on request. Because the retention window is three years, records need to start accruing before the September 2027 effective date to be useful.
Generally yes where the role could be performed in Delaware or reports into a Delaware supervisor, office or worksite. The specifics vary — some statutes test on where work is performed, others on the reporting line, and several reach out-of-state employers recruiting locally-based remote staff.
No. It is a compensation practitioner's summary of published requirements, current as at July 2026, intended to help scope the compensation work these obligations create. Items we could not verify are marked as such rather than glossed. Confirm current requirements with employment counsel before acting.
Pay equity analysis and range architecture, sequenced so findings can be acted on rather than merely disclosed.
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