Delaware Labor Law Posters: Requirements, Placement, and Penalties

Delaware labor law posters are the state and federal notices every employer in Delaware has to display where employees can see them during the workday. The state requirements sit in several chapters of Title 19 of the Delaware Code, each with its own coverage threshold, and federal law adds a separate stack of mandatory notices on top. Miss one and the consequences range from a $100 fine for a willful discrimination-notice violation to $16,550 per violation for a missing OSHA poster.

Delaware Posters You Must Display

Delaware’s posting rules are spread across multiple statutes rather than gathered in one list, which is why employers often find out something is missing only when an inspector shows up. These are the state-mandated notices:

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 $15.00 for 2026.¹
Wage payment and employment practices. Employers with four or more employees must post information about pay schedules, wage reduction policies, and vacation and sick leave policies.²
Discrimination protections. Every employer must post a notice summarizing Delaware’s anti-discrimination laws, including pregnancy protections and reasonable accommodations for pregnancy-related conditions.³
Child labor. Employers of minors must comply with work-permit rules and hour restrictions. The state’s consolidated labor law poster spells out the limits, including the rule that workers aged 14–15 cannot work before 7:00 a.m. or after 7:00 p.m. (extended to 9:00 p.m. from June 1 through Labor Day).⁴
Workers’ compensation. Coverage information appears on the state’s consolidated labor law poster.
Sexual harassment notice. Delaware requires employers to distribute and post an information sheet about sexual harassment protections.
Unemployment insurance. Employers must post a separate unemployment insurance notice, which has to be requested from the Division of Unemployment Insurance rather than downloaded from the general labor poster page.

Delaware also enacted a Paid Family and Medical Leave Insurance program with benefits phasing in during 2026 and 2027. Employers covered by that program should check with the Department of Labor about any associated posting requirements, since the rollout is still in progress.

Federal Posters That Apply on Top

Federal posting rules run alongside the state ones. The major notices:

Fair Labor Standards Act (FLSA). Covers federal minimum wage, overtime, and child labor standards. The current version also carries PUMP Act protections, which guarantee break time and a private space for nursing employees to express breast milk.⁵
Family and Medical Leave Act (FMLA). Private employers with 50 or more employees in at least 20 workweeks of the current or prior calendar year must display the FMLA notice. Public agencies and schools must post it regardless of headcount. A covered employer must post 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 anti-discrimination statutes. Applies to employers with 15 or more employees (20 or more for age discrimination).⁷
OSHA Job Safety and Health. Informs workers of their right to a safe workplace and how to report hazards.

The U.S. Department of Labor offers a bundled poster package covering FLSA, FMLA, OSHA, EEOC, and Employee Polygraph Protection Act notices in a single set.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 points to break rooms and areas near time clocks. A locked office, a spot behind a cabinet, or anywhere employees can’t freely walk up and read does not satisfy the law.⁹

The minimum wage statute requires posting in 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 employees gather in more than one area of a building, post in each of them.

Posters also need to stay legible. A sun-bleached, torn, or partially covered notice may not meet the “conspicuous and accessible” standard even if it’s technically still on the wall. Walk the space once a quarter and replace anything that has deteriorated.

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

Remote and Multi-Site Workplaces

Delaware has not issued specific guidance on electronic posting for remote employees. In the absence of a state rule, federal standards give a workable baseline. The U.S. Department of Labor has indicated that electronic distribution of mandatory notices may be acceptable when all employees work remotely, electronic communication is the standard method for company-wide notices, and employees can access the notices at any time without barriers. The EEOC allows electronic posting as a primary or supplemental method for employers without a physical location or with teleworking employees.⁷ The safest approach for a Delaware employer with mixed staff is to keep physical posters up at every office and push electronic copies through an intranet or email to remote workers.

Language and Translation

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

Penalties If You Don’t Post

What non-compliance costs depends on which poster is missing and which agency finds out.

Delaware

A willful failure to post the required discrimination notice carries a fine of up to $100 for each separate offense.³ That figure looks small, but each day or each location without the poster can count as a separate violation. Beyond the fine, a missing poster undermines an employer’s defense in a discrimination or wage complaint, because the employee can argue they were never told what their rights were or how to file a claim.

Federal

FLSA. No citation or penalty applies specifically to failing to post the federal wage and hour notice.¹¹
FMLA. A willful refusal to post 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 result in a penalty of $680 per violation, subject to annual inflation adjustments.⁷
OSHA. An employer who fails to post the OSHA safety notice faces a potential citation and a penalty of up to $16,550 per violation.¹²

The OSHA figure is the one that catches employers off guard. A single missing safety poster can cost more than a full year of missing state discrimination notices. If you’re prioritizing which poster to hang first thing tomorrow, make it that one.

Where to Get the Posters

Every required poster is available free from a government source. There is no reason to pay for the legal content itself.

Delaware’s consolidated labor law poster, which covers minimum wage, wage payment, child labor, and workers’ compensation on one document, can be downloaded from the Delaware Department of Labor’s site at labor.delaware.gov.⁴ The unemployment insurance notice must 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 come from the U.S. Department of Labor’s website and its elaws Poster Advisor, a short questionnaire that identifies which notices your business needs.⁸ The EEOC poster is at eeoc.gov.⁷

Third-party vendors sell laminated all-in-one poster boards that combine state and federal notices, typically for $25 to $30. The legal text is identical to the free versions. What you’re paying for is formatting and durability, which is worthwhile if your break-room posters wear out quickly. Verify that any commercial product carries the most current revision. The EEOC poster prints its version date in the bottom right corner, and yours should match the latest edition.⁷ When Delaware’s minimum wage or other state figures change, the state issues an updated poster and the old version has to come down. A 2023 poster on the wall after two rate changes is a compliance failure, even if it’s still physically 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
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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
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U.S. Department of Labor. Workplace Posters
9
Delaware Division of Industrial Affairs. Where Must Required Posters Be Placed?
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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