Delaware Labor Law Posters

Don't get fined, Delaware

Employers are required to display both state and federal labor and employment posters. This means that employers must post certain notices in their workplaces so employees have access to information about the applicable labor laws. These posters, also known as workplace postings or workplace compliance posters, can be downloaded for free from our website.


Posting Requirements

The type of posters you are required to post will be determined by:

  • The nature of your business
  • The number of employees
  • The primary language spoken by your employees
  • Whether you employ people with disabilities
  • Whether you employ minors

All notices must be posted in a conspicuous place so that they can be seen and read by employees. Failure to post notices can result in stiff penalties and possible fines. 

Don't forget to visit our federal poster page to see if you require additional federal posters specific to your organization.

Mandatory for All Delaware Employers

Delaware Department of Labor-Division of Industrial Affairs

The Division of Industrial Affairs has compiled a PDF with all of the state’s necessary labor law posters. These include information on payment of wages, minimum wage, breaks, discrimination, child labor, and workers’ compensation.

Employers are required by law to display this official poster in a place accessible to employees and where they regularly pass.

Required for: All DE Employers.

[English] [Spanish]

Delaware Sexual Harassment Notice

Even though there is information regarding sexual harassment in the Division of Industrial Affairs’ all-in-one state labor law poster, Delaware’s “Sexual Harassment” Notice must be distributed to new employees at the commencement of employment and to existing employees.

Required for: All DE Employers.

[English] [Spanish]

Delaware Clean Indoor Air Act

According to the Delaware Clean Indoor Air Act, a “Warning: Smoking Permitted” sign must be posted prominently to indicate those locations where smoking is permitted pursuant to Regulation 99.301, B and D.

Failure to prominently post properly maintained signs with letters at least one inch in height and in accord with the Clean Indoor Air Act shall be a violation subject to penalties.

Required for: Owners, operators, managers or other person(s) having control of enclosed indoor areas subject to the regulations of 16 Delaware Code Chapter 29.

Federally Mandated

Employee Rights Under the Fair Labor Standards Act

The "Employee Rights Under the Fair Labor Standards" Poster establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments. The FLSA requires employers to pay covered nonexempt employees a minimum wage of not less than $7.25 per hour.

The poster must be posted in a conspicuous area on the employer's premises where employees can readily see it.

Required for: All DE Employers.

Large Posters: [English] [Spanish] [Chinese] [Russian] [Thai] [Hmong] [Vietnamese] [Korean] [Polish]

Small Posters: [English] [Spanish]

Family and Medical Leave Act

The “Family and Medical Leave Act” entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

The poster must be posted in a conspicuous area on the employer's premises where employees and applicants for employment can readily see it. It may also be posted electronically if all other requirements have been met, but the electronic posting can not replace the physical posters. 

Required for: All DE Employers.

[English] [Spanish]

OSHA - Job Safety & Health Protection: It's the Law

The "Job Safety and Health: It’s the Law" Poster informs workers of their rights under the Occupational Safety and Health Act. Employers in states operating OSHA-approved state plans should obtain and post the state’s equivalent poster.

The poster must be posted in a conspicuous area on the employer's premises where employees can readily see it.

Required for: All DE Employers.

[English] [Spanish] [Polish] [Portuguese]

Equal Employment Opportunity is the Law

Executive Order 11246 (E.O. 11246), also known as the “Equal Employment Opportunity is the Law” Poster prohibits certain Federal contractors and subcontractors from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. Additionally, it protects applicants and employees from discriminatory discipline, including firing, for asking about, discussing, or disclosing their pay or the pay of their co-workers. E.O. 11246 also requires covered government contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of employment.

Post copies of the poster, supplement, and provision in conspicuous places available to employees, applicants for employment, and send to representatives of labor organizations with which there is a collective bargaining agreement.

Required for: All DE Employers.

[English] [Spanish] [Chinese] [Arabic]

Employee Polygraph Protection Act

The "Employee Polygraph Protection Act" (EPPA) generally prevents private sector employers from using lie detector tests, either for pre-employment screening or during the course of employment, with certain exceptions. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline, or discriminate against an employee or job applicant for refusing to take a test.

EPPA excludes federal, state, and local government agencies from the Act's coverage, with respect to public employees. Lie detector tests may also be administered by the Federal Government to employees of Federal contractors engaged in national security intelligence or counterintelligence functions.  

The poster must be posted in a conspicuous area on the employer's premises where employees and applicants for employment can readily see it.

Required for: All DE Employers.

[English] [Spanish]

USERRA - Uniformed Services Employment and Reemployment Rights Act

Employers are required to provide to persons entitled to the rights and benefits under the Uniformed Services Employment and Reemployment Rights Act (USERRA), a notice of the rights, benefits, and obligations of such persons and such employers under USERRA. 

Employers may provide the notice, "Your Rights Under USERRA", by posting it where employee notices are customarily placed. However, employers are free to provide the notice to employees in other ways that will minimize costs if the full text of the notice is provided (e.g., by handing or mailing out the notice, or distributing the notice via electronic mail).

Required for: All DE Employers.

[English]

Mandatory for Some Delaware Employers

This Organization Participates in E-Verify

The “This Organization Participates in E-Verify” Poster informs employees that this employer will provide the federal government with employees’ Form I-9 information to confirm that they are authorized to work in the U.S. 

This notice must be posted in a conspicuous area on the employer’s premises where employees can readily see it.

Required for: All Employers who participate in E-Verify.

[English/Spanish]

If You Have the Right to Work Don’t Let Anyone Take it Away

The “If You Have the Right to Work Don’t Let Anyone Take it Away” Poster from the Department of Justice informs employees that if they have the skills, experience, and legal right to work, their citizenship or immigration status shouldn’t merit discrimination in the workplace. This poster also provides contact information for the Immigrant and Employee Rights Section (IER).  

This notice must be posted in a conspicuous area on the employer’s premises where employees can readily see it.

Required for: All Employers who participate in E-Verify.

[English] [Spanish]

Recommended

IRS Withholding Notice

Publication 213, the “IRS Withholding Notice”, is a bulletin board poster advising workers to consider whether they need to file a new Form W-4 with their employer, including options that would affect that decision like marriage or divorce, changing your name, gaining or losing a dependent, or changes to your income. 

All Employers have the option to post this notice in a conspicuous area, but it is not required.

[English]

15 Days to Slow the Spread

The "15 Days to Slow the Spread" Poster defines the coronavirus guidelines for America. 

All Employers have the option to post this notice in a conspicuous area, but it is not required.

[English]

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