Wilmington employers with 5+ employees must comply with Delaware EARNS — Delaware's state retirement savings mandate. Penalty amounts have not yet been published by the state. Don't wait.
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Informational only — not legal or tax advice.
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Yes. Delaware EARNS applies to all private-sector employers in Delaware with 5+ employees, including businesses in Wilmington. As Delaware's largest city and financial hub, Wilmington employers in banking, law, healthcare, retail, and hospitality are all subject to the mandate.
Delaware EARNS penalties are pending final determination. Delaware has not yet published a penalty amount. Wilmington employers should get compliant now before enforcement activates to avoid any retroactive penalties.
Yes. Wilmington employers who sponsor a qualifying retirement plan — such as a 401(k), SIMPLE IRA, SEP IRA, 403(b), pension, or 457(b) — are exempt from Delaware EARNS. You must file a Certificate of Exemption through the delawareearns.com portal.
Register at delawareearns.com. You'll need your EIN, employee count, and payroll information. The process takes about 20–30 minutes. Alternatively, contact Kandelaki Solutions for a free compliance review — we'll handle the registration or exemption filing for you.
Delaware EARNS is currently enforcing. Don't wait — early compliance avoids all risk. Contact Kandelaki Solutions for a free compliance audit specific to your Wilmington business.
Book a free 15-minute compliance audit. We'll show your exact requirement, your real exposure, and whether your own plan saves you money.