Delaware Labor Law Posters: Requirements, Placement, and Penalties

Delaware labor law posters fall into two stacks: the state notices required under Title 19 of the Delaware Code, and the federal notices required by agencies like the U.S. Department of Labor, EEOC, and OSHA. Every employer in the state needs the state minimum wage poster and the anti-discrimination notice at a minimum, and most need several more. Getting the mix wrong can cost up to $16,550 per violation for the OSHA notice alone.

The State Posters You Need

Delaware’s posting rules are spread across several chapters of Title 19, which is why employers often discover a gap only when an inspector arrives. The state-mandated notices are:

Minimum wage. Every employer, regardless of size, must post a Department-approved summary of Delaware’s minimum wage law where employees normally pass. The rate reached $15.00 per hour on January 1, 2025 and remains at that level for 2026.¹
Wage payment and employment practices. Employers with four or more employees must post information covering pay schedules, wage reduction policies, and vacation and sick leave practices.²
Discrimination protections. Every employer must post a notice summarizing Delaware’s anti-discrimination laws, including pregnancy protections and reasonable accommodation for pregnancy-related conditions.³
Child labor. Employers of minors must comply with permit and hour restrictions. The state’s consolidated poster carries the key rules, including the prohibition on workers aged 14 and 15 working before 7:00 a.m. or after 7:00 p.m., extended to 9:00 p.m. between June 1 and Labor Day.⁴
Workers’ compensation. Coverage information appears on the state’s consolidated labor law poster.
Sexual harassment. Delaware requires employers to distribute and post an information sheet about sexual harassment protections.
Unemployment insurance. This notice must be obtained separately from the Division of Unemployment Insurance. It is not part of the general labor poster download.

Delaware has also enacted a Paid Family and Medical Leave Insurance program with benefits phasing in during 2026 and 2027. Covered employers should check with the Department of Labor for any posting requirements tied to that rollout, which is still in progress.

The Federal Posters You Need

Federal posting obligations apply on top of the state list, and several come with their own headcount thresholds.

Fair Labor Standards Act (FLSA). Covers federal minimum wage, overtime, and child labor. The current version also incorporates PUMP Act protections guaranteeing break time and a private space for nursing employees to express breast milk.⁵
Family and Medical Leave Act (FMLA). Private employers who employed 50 or more workers in at least 20 workweeks during the current or prior calendar year must display this notice. Public agencies and schools must post it regardless of headcount, and a covered employer must display it even if no current employees qualify for leave.⁶
EEOC “Know Your Rights.” Consolidates federal protections under Title VII, the ADA, the Age Discrimination in Employment Act, the Pregnant Workers Fairness Act, and other statutes. It applies to employers with 15 or more employees, or 20 or more for age discrimination.⁷
OSHA Job Safety and Health. Informs workers of their right to a safe workplace and the process for reporting hazards.

The U.S. Department of Labor offers a bundled package that pulls together the FLSA, FMLA, OSHA, EEOC, and Employee Polygraph Protection Act notices.⁸

Where to Hang Them

Delaware requires posters in a location where employees can easily see them during normal working hours. The Division of Industrial Affairs specifically identifies break rooms and areas near time clocks as appropriate spots. A notice placed in a locked office, behind a cabinet, or anywhere employees can’t freely access does not satisfy the law.⁹

The minimum wage statute requires a “conspicuous and accessible location” where “employees normally pass.”¹ The discrimination notice uses nearly identical language, requiring posting “in conspicuous places upon its premises where notices to employees, and applicants for employment are customarily posted.”³ If you have multiple areas where employees gather, post in each.

The federal EEOC poster adds an accessibility requirement. Employers must make it available in formats usable by employees with disabilities, such as audio files or screen-reader-compatible electronic formats.⁷

Posters also have to stay legible. A sun-bleached, torn, or partially covered notice may not meet the “conspicuous and accessible” standard even when it’s hanging in the right place. Check them periodically and replace what has deteriorated.

Remote Workers and Non-English Workforces

Delaware has not issued specific guidance on electronic posting for remote employees. In the absence of a state rule, employers with fully remote workers can look to federal practice as a baseline. The U.S. Department of Labor has indicated that electronic distribution of mandatory notices may be acceptable when all employees work remotely, when electronic communication is the standard method for company-wide notices, and when employees can access the notices at any time without barriers.

The EEOC goes further, treating electronic posting as a valid primary or supplemental method for employers without a physical location or with teleworking staff.⁷ For a Delaware employer with both on-site and remote staff, the safest approach is physical posters at every office location plus electronic copies pushed through a company intranet or email to remote workers.

On language: Delaware law does not require posters in any language other than English. The Department of Labor encourages translated posters as a best practice in workplaces with many non-English-speaking employees, but there is no legal threshold.¹⁰ Federal rules are stricter in one place: the FMLA notice must be provided in the language employees actually speak when the workforce is not proficient in English.¹¹ The U.S. Department of Labor publishes Spanish translations of the FLSA, OSHA, and FMLA posters, plus multilingual versions of the Migrant and Seasonal Agricultural Worker poster in Haitian Creole, Vietnamese, and Hmong.

What It Costs to Skip Them

Penalties depend on which poster is missing and which agency is looking.

Delaware Penalties

A willful failure to post the required discrimination notice carries a fine of up to $100 for each separate offense.³ The amount sounds modest, but each day or each location without the poster could count as a separate violation. A missing poster can also weaken an employer’s defense in a wage or discrimination complaint, because the worker can argue they were never told how to raise the issue.

Federal Penalties

FLSA. There is no citation or penalty specifically for failing to post the federal wage and hour notice.¹¹
FMLA. A willful refusal to post the FMLA notice can result in a civil money penalty for each separate offense. The base statutory amount is $100, adjusted periodically for inflation.¹¹
EEOC “Know Your Rights.” Failure to display can carry a penalty of $680 per violation, subject to annual inflation adjustments.⁷
OSHA. An employer who fails to post the OSHA safety notice faces potential citation and a penalty of up to $16,550 per violation.¹²

The OSHA figure is the one that catches employers off guard. If you’re prioritizing which poster goes up first, make it that one.

Where to Get Them Free

Every required poster is available at no cost from the government. There is no need to pay for the legal content itself.

Delaware’s consolidated labor law poster, covering minimum wage, wage payment, child labor, and workers’ compensation on a single sheet, can be downloaded from the Delaware Department of Labor at labor.delaware.gov.⁴ The unemployment insurance notice has to be requested separately from the Division of Unemployment Insurance. The discrimination notice is prepared or approved by the Department of Labor under Section 716.³

Federal posters are available through the U.S. Department of Labor’s website and its elaws Poster Advisor, which walks you through a short questionnaire to identify the notices your business needs.⁸ The EEOC poster is at eeoc.gov.⁷

Third-party vendors sell laminated all-in-one poster sets combining state and federal notices on a single board, typically for $25 to $30. The legal text is identical to the free versions. What you’re buying is formatting and durability, which can be worth it if your break room goes through posters quickly. Verify that any commercial product reflects the most current revision dates. The EEOC poster, for example, prints its version date in the bottom right corner, and employers should confirm theirs matches the latest edition.⁷ When Delaware’s minimum wage or other state figures change, the state issues an updated poster, and employers must replace the old one. Leaving a 2023 poster on the wall after the minimum wage has moved is a compliance failure even if the paper is intact.

1
Delaware Code Online. Delaware Code Title 19 – Labor, Chapter 9 – Minimum Wage – Section 908
2
Delaware Code Online. Delaware Code Title 19 – Labor, Chapter 11 – Wage Payment and Collection – Section 1108
3
Delaware Code Online. Delaware Code Title 19 – Labor, Chapter 7 – Employment Practices – Section 716
4
Delaware Department of Labor. Delaware Department of Labor Division of Industrial Affairs Labor Law Poster
5
U.S. Department of Labor. FLSA Protections to Pump at Work
6
U.S. Department of Labor. Fact Sheet 28D – Employer Notification Requirements Under the FMLA
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U.S. Equal Employment Opportunity Commission. Know Your Rights: Workplace Discrimination is Illegal Poster
8
U.S. Department of Labor. Workplace Posters
9
Delaware Division of Industrial Affairs. Where Must Required Posters Be Placed?
10
Delaware Division of Industrial Affairs. Do Employers Need to Provide Posters in Multiple Languages
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U.S. Department of Labor. Workplace Posters
12
Occupational Safety and Health Administration. OSHA Penalties