Delaware 2026 Legislative Update

This blog post is to provide you with a legislative update for Delaware.

DE H 105 Employment Practices

Effective September 26, 2027, employers with more than 25 employees, will be required to include salary or wage range information and a general description of benefits in all job opportunities postings, and ensure that applicants have access to that information prior to any offer or discussion of compensation. Employers will also be required to maintain records relating to job descriptions and wage rates for employees for at least three years. The Department of Labor may bring an administrative action to enforce the pay transparency provision. For a first offense, employers will receive a written warning; subsequent offenses carry civil penalties of $500 to $10,000 per violation.

DE H 262 Paid Leave

The law adds a new subsection to clarify that the entitlement to leave for the adoption of a child may begin at the employee’s election: when the child is placed for adoption, when the employee initiates a petition for adoption in Family Court, or upon completion of the adoption process. The law became effective June 10, 2026.

DE S 263 Labor Exemptions

Under this law, any individual who has entered into a contract to play baseball at the minor league level and who is compensated pursuant to the terms of a collective bargaining agreement that expressly provides for wages and working conditions is exempt from state minimum wage and recordkeeping standards. The law became effective June 24, 2026.

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