AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO EMPLOYMENT PRACTICES.
Sponsored By: Melanie Ross Levin (Democratic)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 5 benefits, 0 costs, 2 mixed.
How Delaware enforces these pay rules
The Delaware Department of Labor enforces this law. A first violation gets a written warning. Later violations can bring $500 to $10,000 per violation, and one job opportunity counts as one violation. You can appeal a final order to Superior Court within 30 days; the court reviews the record for substantial evidence. Job boards and other third parties that repost jobs are not liable. These enforcement rules start two years after enactment.
Employers must keep pay records
Employers must keep each worker’s job description and pay history while you work and for three years after you leave. The Labor Department can ask to see these records. This starts two years after enactment.
Pay ranges must appear in job ads
Starting two years after enactment, employers must list the pay or pay range and a short benefits description in every job posting. This applies to both internal and public postings. If no posting is shared with you, the employer must give you the pay range and benefits before any offer or when you ask.
Protection from retaliation over pay transparency
Employers cannot fire or punish you for complaining, sharing information, starting a case, or testifying under this law. Retaliation can bring $500 to $10,000 per act in civil penalties. This protection starts two years after enactment.
Small employers exempt from these rules
Employers with 25 or fewer employees are exempt from these pay-transparency and recordkeeping rules. This exemption starts two years after enactment.
Special rules for commission, tipped, urgent jobs
For commission-paid jobs, postings must say pay is by commission, but a pay range is not required. For tipped jobs, postings must say the job is tipped and list the base wage or a base wage range. Temporary, interim, or acting jobs that need an immediate hire are exempt from posting rules; the Labor Department may set rules for these cases. These rules start two years after enactment.
Rules start two years after enactment
The entire law takes effect two years after it is enacted. All requirements, exceptions, and enforcement powers start on that date.
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
HS 2 for HB 105 - Signed by Governor
9/26/2025GovernorHS 2 for HB 105 - Passed By Senate. Votes: 16 YES 4 NO 1 ABSENT
6/30/2025SenateHS 2 for HB 105 - Reported Out of Committee (Labor) in Senate with 3 On Its Merits, 1 Unfavorable
6/18/2025SenateHS 2 for HB 105 - Assigned to Labor Committee in Senate
6/10/2025SenateHS 2 for HB 105 - Passed By House. Votes: 28 YES 12 NO 1 ABSENT
6/10/2025HouseSubstituted in House by HS 2 for HB 105
6/5/2025HouseAmendment HA 1 to HS 1 - Introduced and Placed With Bill
5/13/2025HouseReported Out of Committee (Labor) in House with 5 Favorable, 3 On Its Merits
5/6/2025HouseAdopted in lieu of the original bill HB 105, and Assigned to Labor Committee in House
5/1/2025House
Bill Text
Current
5/1/2025
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