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DelawareHS 1 for HB 105153rd General Assembly (2024–2026)HouseWALLET

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

Sponsored By: Melanie Ross Levin (Democratic)

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 1 costs, 0 mixed.

Workers protected for pay disclosure complaints

Starting two years after enactment, Delaware employers with more than 25 workers cannot punish people for pay disclosure enforcement activities. Protection covers filing complaints, giving information to the Department of Labor, starting proceedings, or testifying. Preparing to start proceedings or testify is also protected. Each retaliatory firing or discriminatory act carries a $500 to $10,000 civil penalty. These are penalties on employers, not payments directly to the people affected.

Delaware employers face pay disclosure enforcement

Starting two years after enactment, Delaware employers with more than 25 workers face new recordkeeping and pay disclosure enforcement rules. They must keep each employee's job description and wage history during employment and for three years after employment ends. They must provide these records to the Delaware Department of Labor on request. The Department can investigate violations and issue rules. A first offense gets a written warning; each later offense carries a $500 to $10,000 civil penalty. One job opening counts as one violation, regardless of how many times it is posted. Third parties that post or repost job notices are not liable under this law. The Department must issue a final penalty order and promptly notify the employer. Final orders can be appealed to Superior Court within 30 days, based on the agency record. The court gives substantial weight to the Department's expertise and can return cases when the record is insufficient. Unpaid penalties can be enforced in Superior Court like court judgments.

Pay details for Delaware job seekers

Starting two years after enactment, Delaware employers with more than 25 workers must share pay details for job openings. Internal and external job notices must include pay or a pay range, plus general information about benefits and other compensation. Pay ranges must be set in good faith using pay scales, existing ranges, comparable workers' pay, or the job's budget. The range's width matters when judging good faith. If no posting reaches an applicant, employers must provide details before any offer or pay discussion and whenever the applicant asks. Commission jobs must be labeled but need not list pay amounts; tipped jobs must list their base wage or range. Temporary, interim, or acting openings requiring an immediate hire are exempt from the posting rule. The law does not require disclosures that violate privacy rights or raise health or safety concerns.

Sponsors & Cosponsors

Sponsor

  • Melanie Ross Levin

    Democratic • House

Cosponsors

  • Frank Burns

    Democratic • House

  • William Bush

    Democratic • House

  • William J. Carson

    Democratic • House

  • Nnamdi O. Chukwuocha

    Democratic • House

  • Franklin D. Cooke

    Democratic • House

  • Daniel Cruce

    Democratic • Senate

  • Mara Gorman

    Democratic • House

  • Krista Griffith

    Democratic • House

  • Stephanie L. Hansen

    Democratic • Senate

  • Debra Heffernan

    Democratic • House

  • Kendra Johnson

    Democratic • House

  • Kamela T Smith

    Democratic • House

  • Larry Lambert

    Democratic • House

  • S. Elizabeth Lockman

    Democratic • Senate

  • Sean M. Lynn

    Democratic • House

  • Eric Morrison

    Democratic • House

  • DeShanna U Neal

    Democratic • House

  • Josue O Ortega

    Democratic • House

  • Sophie Phillips

    Democratic • House

  • Cyndie Romer

    Democratic • House

  • Sherae'a Moore

    Democratic • House

  • Ray Seigfried

    Democratic • Senate

  • Claire Snyder-Hall

    Democratic • House

  • David P. Sokola

    Democratic • Senate

  • Laura V. Sturgeon

    Democratic • Senate

  • Bryan Townsend

    Democratic • Senate

  • Madinah Wilson-Anton

    Democratic • House

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. HS 2 for HB 105 - Signed by Governor

    9/26/2025Governor

  2. HS 2 for HB 105 - Passed By Senate. Votes: 16 YES 4 NO 1 ABSENT

    6/30/2025Senate

  3. HS 2 for HB 105 - Reported Out of Committee (Labor) in Senate with 3 On Its Merits, 1 Unfavorable

    6/18/2025Senate

  4. HS 2 for HB 105 - Assigned to Labor Committee in Senate

    6/10/2025Senate

  5. HS 2 for HB 105 - Passed By House. Votes: 28 YES 12 NO 1 ABSENT

    6/10/2025House

  6. Substituted in House by HS 2 for HB 105

    6/5/2025House

  7. Amendment HA 1 to HS 1 - Introduced and Placed With Bill

    5/13/2025House

  8. Reported Out of Committee (Labor) in House with 5 Favorable, 3 On Its Merits

    5/6/2025House

  9. Adopted in lieu of the original bill HB 105, and Assigned to Labor Committee in House

    5/1/2025House

Bill Text

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