Delaware remote job postings must show pay and benefits

Do remote jobs in Delaware now have to show pay ranges and benefits in postings

Yes, for covered employers. Delaware’s pay transparency law requires job postings to include a pay range and a general description of benefits, and it expressly reaches noninternational remote positions offered by a Delaware-based employer. The part people get wrong is assuming remote means exempt. Under Delaware law, remote does not remove the posting duty when the role is covered.

The core rule is in Delaware Code Title 19, section 709C. When an employer announces, posts, or otherwise makes known a job opportunity, the posting must include the hourly or salary compensation range and a general description of the benefits and other compensation. Delaware’s code also says that, for employers with 26 or more employees, the section applies to jobs located in Delaware and noninternational remote positions offered by an employer based in Delaware. That is the sentence to use when you are deciding whether a remote role belongs in scope.

The start date matters. Delaware’s session law says House Substitute 2 for House Bill 105 takes effect on August 1, 2025, and the official code labels section 709C as effective September 26, 2027. The practical reading is that the law was enacted in 2025, while the codified section shows a later effective date in the online code display. If you are publishing postings now, you should not wait for a remote-work exception that does not exist in the statute text.

The requirement is not just a pay number. Delaware asks for a general description of benefits and other compensation too. That means a posting should give enough information for an applicant to understand the package, not just the base salary. A bare “competitive benefits” line is the kind of shorthand that creates confusion, because the law is aimed at transparency, not a hint.

The law also covers internal and external postings. Delaware Code section 709C says the employer must disclose the compensation or compensation range and a general description of benefits in notifications of job opportunities. If a posting is not made available, the employer still has to provide the pay range and benefits description before any offer or compensation discussion, and again at the applicant’s request. In practice, that means the obligation is tied to the job opportunity, not only to where the ad appears.

There are exceptions, and they are narrow. Temporary, interim, or acting job opportunities that require an immediate hire are exempt from the posting requirement. Commission-based roles have a different disclosure rule, tipped roles must disclose the base wage or range of base wages, and positions covered by a collective bargaining agreement follow the CBA disclosure rule. Those exceptions matter because people often copy one job-post template across every role and assume the same language works everywhere. It does not.

The threshold is another part people miss. Delaware ties this requirement to employers with 26 or more employees. If the employer is below that size, the quoted section does not apply in the same way. The location test also matters: the statute reaches jobs located in Delaware and noninternational remote positions offered by a Delaware-based employer. So a remote role can be covered even when the worker will never set foot in Delaware, if the employer is based there and the role fits the statute.

For teams writing postings, the safest workflow is simple. First, confirm employer size under the Delaware rule. Second, decide whether the role is located in Delaware or is a noninternational remote position offered by a Delaware-based employer. Third, add the pay range and a plain benefits description before the post goes live. If the role falls into an exception, document why before publishing, because the problem usually shows up later when an applicant asks for the missing information.

The inconvenient part is that this is not just a formatting change. It can force hiring teams to set a real range earlier, align recruiters with compensation, and clean up stale templates that were written for states with no pay transparency rule. If the range is not ready, the posting is not ready. That is the operational change behind the law.

If you are checking this for a single role, read the Delaware code section first, then the session law that created it. If you want a simple place to organize your own hiring process around rules like this, DevConnect keeps the workflow on owned property and stays free to use: https://devconnectplatform.com. The rule in Delaware is about transparency in the posting itself, not about where you store your draft.

In short, the answer is yes for covered employers, and remote is not a loophole. A Delaware-based employer posting a noninternational remote job that falls under the statute has to show pay range and benefits in the posting, or supply that information before compensation discussions if no posting was made available.

What people get wrong

They think remote work changes the compliance test. Under Delaware’s text, the job can still be covered even when the worker is remote, as long as it is a noninternational remote position offered by a Delaware-based employer and the employer is in scope.

They also treat benefits as optional fluff. Delaware requires a general description of benefits and other compensation in the posting. That is not the same thing as listing every plan detail, but it is more than a vague reference to “great benefits.”

What to do before posting

Check employer headcount, confirm whether the role is in scope, write the pay range in good faith, and add a general benefits description. If the role is commission-based, tipped, temporary for immediate hire, or covered by a CBA, apply the specific disclosure rule for that category before publishing.

If the posting is already live

Take it down, fix the disclosure, and republish if the role is covered. A live posting with missing pay information is the easiest way to create complaints, because the missing details are visible to applicants immediately. If the job is exempt, keep the basis for the exemption in the hiring file so you can explain it later.

FAQ

Does Delaware require exact salary numbers, or just a range

Delaware requires an hourly or salary compensation range for covered postings. The statute defines that range as the minimum to maximum pay range for the position, set in good faith.

Does the law apply to internal postings too

Yes. Delaware Code section 709C says the employer must disclose compensation or compensation range and a general description of benefits in both internal and external job postings, subject to the listed exceptions.

Are commission-only or tipped jobs treated the same way

No. Commission-based roles must disclose that they are paid on a commission basis, and tipped roles must disclose that fact and provide the base wage or range of base wages.

Does the law force employers to post every benefit detail

No. The statute asks for a general description of benefits and other compensation. That means enough detail to inform applicants, not a full benefits handbook.

Is there an exception for immediate-hire temporary roles

Yes. Temporary, interim, or acting job opportunities that require an immediate hire are exempt from the posting requirement in the statute.