DelawareHS 2 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)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 1 costs, 1 mixed.

No retaliation for speaking up

Starting two years after enactment, you are protected from retaliation for using your rights under this law. An employer cannot fire you or treat you badly for complaining, giving information, filing a case, or testifying. Each act of retaliation can bring a civil penalty of $500 to $10,000.

Enforcement, records, and fines for employers

Starting two years after enactment, the Delaware Department of Labor enforces these posting rules. The Department can investigate and issue final written orders, and a party has 30 days to appeal to Superior Court on the record. First offense: written warning. Later offenses: civil penalties of $500 to $10,000 per violation. One job opportunity counts as one violation no matter how many times it is posted. Covered employers must keep each worker’s job description and pay history for at least three years and provide records when asked.

Pay ranges and benefits in job ads

Starting two years after enactment, large employers (26+ workers) must put the pay range and a basic benefits description in every internal and external job posting. If no posting is available to you, they must give you the pay range and benefits before any offer or pay talk, and you can ask for it anytime. These rules cover jobs in Delaware and non‑international remote roles offered by Delaware‑based employers. Small employers with 25 or fewer workers are not covered.

Exceptions for tipped, commission, union, quick hires

Starting two years after enactment, some jobs follow special posting rules. Temporary, interim, or acting roles that need an immediate hire do not have to list a pay range. Commission jobs must say they are commission‑paid, but no pay amount is required. Tipped jobs must say tipping applies and show the base wage or range. For union jobs, the posting rules apply only after the contract is signed or changed after the law takes effect, and postings show pay approved for disclosure in the contract. Employers do not have to identify the selected hire in a way that violates privacy or safety. Third parties that repost ads are not liable, and employers are not liable for posts copied online without consent.

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

All Roll Calls

Yes: 44 • No: 16

Senate vote • 6/30/2025

Passed (SM required)

Yes: 16 • No: 4

House vote • 6/10/2025