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Usually, July is a legislative snooze fest since lawmakers are on break. But we still have a few updates to share with you.
Delaware's House Bill 105: Pay transparency heads to the First State
Delaware has officially passed House Bill 105 establishing new pay transparency requirements. It applies to employers with 11 or more employees.
All job postings, whether internal or external (including remote roles), must include:
- A minimum and maximum salary or wage range
- A general description of benefits and other compensation.
Employers must also maintain records of job descriptions and wage rates for current employees, and keep them for three years after departure.
The Delaware Department of Labor will enforce this law with a written warning for a first violation, followed by potential fines of $2,000-$10,000 per violation thereafter. The law takes effect one year after enactment, likely around the mid 2026.
HR takeaway: If you're operating in Delaware and have 11 or more employees, start preparing now. Audit your job postings, define salary ranges, adjust recordkeeping systems, and train your teams ahead of the effective window.
Washington State: Rollback brings a grace period
Washington has amended its Equal Pay and Opportunities Act (EPOA) through SB 5408, with several changes designed to ease compliance burdens for employers — especially relevant given the surge of class action lawsuits under the original law.
Effective: July 27, 2025 through July 27, 2027
Here’s what’s changed:
- Five Business Day Cure Period
Employers who receive written notice of a noncompliant job posting now have five business days to fix the posting — if they do, no damages or penalties can be pursued for that violation. This “cure period” applies only until July 27, 2027.
- Cap on Statutory Damages
Instead of a flat $5,000 penalty per applicant, damages now range from $100 to $5,000 per violation, based on factors like willfulness, employer size, and deterrence value.
- Fixed Wage Allowed
Employers may post a fixed wage amount when no salary range exists — no need to list a broader scale or range.
- No Liability for Scraped Postings
Job postings reproduced by third-party platforms without employer consent (i.e., scraped reposts on job boards) are not considered violations under the law.
While this rollback provides some breathing room for organizations, it is only for a short period of time. Organizations should use this time to get their house in order to fully comply with Washington’s pay transparency law.
Watching the EU: Who will lead?
While U.S. states advance transparency reforms, we’re also closely tracking all 27 EU Member States for momentum on the upcoming EU Pay Transparency Directive. Who will be the first to pass national implementing legislation? We’re watching developments, and can't wait to share the updates once they roll out.
That’s a Wrap… for Now!
Even in a summer typically light on legislative change, Delaware and Washington delivered noteworthy moves. And internationally, the EU remains on our radar.
We’ll be back in September with your next Legislative Lowdown.
Enjoy the rest of your summer. Before we go there's one last hotdog on the grill.
Check out our Pay Transparency Best Practices in 2025 webinar:
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