New Salary Posting Requirement in Washington

On March 30, 2022, Governor Jay Inslee signed SB 5761, which amends the Washington Equal Pay and Opportunities Act and implements new salary posting and disclosure requirements in the State of Washington.

Beginning January 1, 2023, employers with 15 or more employees must disclose in each job posting a salary range or wage scale, as well as a general description of all the benefits and other compensation to be offered to the hired applicant.  The Washington Equal Pay and Opportunities Act broadly defines an employer as any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state, including the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation.   

Additionally, upon request of an employee offered a promotion or an internal transfer to a new position, employers must provide salary range or wage scale information for the employee’s new position.

For purposes of the new law, a “posting” means any solicitation – be it in electronic or printed form – intended to recruit job applicants for a specific available position that includes qualifications for desired job applicants.  Employers must comply with the new law regardless of whether the employer recruits directly or indirectly through a third-party.

Job applicants and employees can report violations to the Washington State Department of Labor and Industries, and they can also pursue a private cause of action (i.e., sue directly).  Damages for violation can include actual damages; statutory damages equal to the actual damages or $5,000 (whichever is greater); civil penalties ranging from $500 to $1,000 per violation; and costs and reasonable attorneys' fees.  Under the new law, recovery of any wages and interest must be calculated from the first date wages were owed to the employee.

If your business solicits job applicants in the State of Washington, either indirectly or through a recruiter, Seyfarth’s Seattle office can assist you with coming up with a compliance plan and disclosure language.