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Key Highlights from the 153rd Delaware General Assembly
Session January 2025-June 2025
Written By: Stephanie Clendening, QPFC
Delaware SHRM Board Member - Legislative Chair
Delaware Enacts Pay Transparency Law (HB 105)
Effective Date: June 30, 2027
Applies to Employers with 26 or More Employees in Delaware
During the first leg of the 153rd General Assembly, Delaware lawmakers passed House Bill 105, which establishes new pay transparency requirements for employers in the state. The legislation is currently awaiting the Governor’s signature and is set to take effect on June 30, 2027.
Overview of HB 105
Once in effect, HB 105 will require covered employers (those with 26 or more employees) to include specific compensation-related information in job postings and maintain related documentation.
Key provisions include:
- All job postings, both internal and external, must include:
- A wage or salary range for the position
- A general description of benefits and other compensation offered
- Employers must maintain records for at least three years from the date of creation or employee termination, whichever is later. These records must include:
- The job description
- The wage or salary range
- The pay history of the individual hired
- Employers may not take adverse action against employees who discuss or inquire about wages
Enforcement and Penalties
The Delaware Department of Labor will oversee enforcement. Penalties for noncompliance may include:
- First violation: a warning or a fine of up to $500
- Subsequent violations: fines ranging from $1,000 to $10,000 per violation, depending on circumstances
Timeline and Employer Considerations
With an effective date of June 30, 2027, employers have a two-year window to review and update their practices.
| Timeframe | Recommended Actions |
| 2025–2026 | Review compensation structures and document wage ranges by position |
| 2026 | Begin incorporating required information into job postings |
| Early 2027 | Confirm documentation practices and train relevant personnel |
| June 30, 2027 | Law goes into effect |
Summary
HB 105 introduces new obligations related to job postings and compensation documentation for Delaware employers with 26 or more employees. The law is intended to increase transparency in the hiring process and will be enforced by the Delaware Department of Labor beginning in mid-2027.
Employers may wish to consult with legal or HR compliance professionals to ensure systems and processes are in place ahead of the effective date.
Additional Legislation Impacting Delaware Employers
Highlights from the 153rd General Assembly (2025 – First Leg)
In addition to House Bill 105 (Pay Transparency), several other bills relevant to labor, workforce development, and employer compliance were introduced or passed. Below is a summary of the notable legislation HR professionals and business leaders may want to monitor.
HB 179 – Family & Medical Leave Insurance (FMLI) Program Threshold Adjustment
Status: Introduced; under committee review
This bill proposes to increase the size threshold for required participation in Delaware’s upcoming Paid Family and Medical Leave Insurance Program. If passed, employers with fewer than 25 employees would be exempt from the program.
- Current Law: Applies to employers with 10+ employees for parental leave; 25+ for all other qualifying leave.
- If enacted: All thresholds would move to 25+ employees.
Implications: This would reduce administrative and financial obligations for smaller employers. Larger employers should continue planning for the 2026 program launch under current guidelines until any changes are finalized.
HB 234 – Constitutional Amendment: Right to Organize
Status: Passed first leg (2025); must pass again in 2027–2028 to take effect
HB 234 proposes a constitutional amendment to establish the right of employees to organize and bargain collectively as a fundamental right under Delaware law.
- Applies to public and private sector workers
- Does not change current labor laws immediately
- Requires approval by the next General Assembly for final adoption
Implications: If ultimately adopted, this amendment could strengthen legal protections for union organizing. Employers may want to monitor the outcome of the second-leg vote.
SB 194 – Warehouse Quota Protection
Status: Passed both chambers
This bill addresses quotas in warehouse and distribution settings. It prohibits quotas that interfere with legally required breaks, meal periods, or safety-related activities.
- Workers must be informed of quotas in writing
- Retaliation protections are included
- Employers must maintain quota-related documentation
Implications: Warehouse employers should review productivity metrics to ensure they comply with break-time requirements and avoid any unintentional violations.
SB 26 – Unemployment Insurance During Labor Disputes
Status: Enacted
This bill allows employees involved in certain labor disputes (e.g., strikes) to qualify for unemployment benefits after a 14-day waiting period, unless the dispute involves a lockout or misconduct.
- Employers must not misrepresent the employee’s work status during claims
- Delaware DOL may impose penalties for noncompliance
Implications: Employers involved in union negotiations or strikes should document employment status carefully and understand their reporting responsibilities.
SB 24 – Union Certification without Election (Public Sector Only)
Status: Enacted
Allows public employee unions to be recognized without a formal election if a majority (50%+) of employees in a bargaining unit sign authorization card.
Implications: Affects public sector employers only. Employers may want to review their union engagement protocols and communication policies.
Creative Economy Workforce Resolution (HSCR 14)
Status: Passed as a resolution
Calls for the Department of Education, Department of Labor, and Workforce Development Board to evaluate how Delaware’s career pathways programs can better support careers in the creative economy (e.g., arts, media, design).
Implications: May lead to future programs or funding opportunities related to workforce development in nontraditional industries.
Summary
| Topic | Bill | Key Takeaway |
| Pay Transparency | HB 105 | Effective June 30, 2027 – applies to employers with 26+ employees |
| Threshold | HB 179 | Would exempt employers with fewer than 25 employees (pending) |
| Right to Organize (Constitutional) | HB 234 | Passed first leg – no immediate changes |
| Warehouse Quotas | SB 194 | Restricts quotas interfering with breaks/safety |
| UI for Labor Disputes | SB 26 | Permits benefits after 14 days in some strike situations |
| Union Recognition (Public Sector) | SB 24 | Allows card-check certification without election |
| Creative Workforce Study | HSCR 14 | May shape future workforce development programs |
