AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO EMPLOYMENT PRACTICES.

Delaware workers get pay details and protections

Beginning one year after enactment, Delaware employers with more than 10 employees must tell current employees about each job opportunity. Internal and external postings must list pay or a good-faith pay range, plus a general description of benefits and other compensation. Ranges must show minimum and maximum pay based on pay scales, established ranges, comparable workers’ pay, or the job’s budget. The range’s width matters when judging good faith. Applicants without access to a posting must receive these details before an offer or during pay discussions, and whenever requested. Commission jobs must identify commission pay but need not list an amount or range. Tipped jobs must identify tipped pay and list the base wage or range. Urgent temporary, interim, or acting jobs are exempt from the announcement requirement; the Department of Labor can set related rules. Disclosures need not violate privacy rights or health or safety considerations. Third parties that post or repost jobs are not liable under this law. Employers must keep each employee’s job descriptions and wage history throughout employment and for three years afterward. They must provide these records to the Department on request. The Department enforces the law through investigations and administrative proceedings under rules it establishes. A first violation brings a written warning; later violations bring employer fines of $2,000 to $10,000 each. Each job opportunity counts once, regardless of repeated postings. Employers cannot fire or discriminate against people for complaints, sharing information, starting or joining proceedings, or testifying. Each retaliation violation carries a $2,000 to $10,000 fine. Penalties require a final written order and prompt notice. Affected parties have 30 days to appeal to Superior Court, based on the existing record rather than a new trial. The court can return an insufficient record to the Department. Without actual fraud, factual review checks for substantial evidence and respects the Department’s expertise. After appeals end or the appeal deadline passes, the Department can collect unpaid penalties through the court like a judgment.