Washington Pay Transparency: A Timely Compliance Reminder For Employers

Takeaways

• Washington's pay transparency statute imposes strict obligations on employers.
• Employers can reduce their exposure by acting proactively to ensure compliance.

Related links

• RCW 49.58.110: Disclosure of wage or salary range by employer
• Washington State's Amended Pay Transparency Law Includes Grace Period for Employers to Cure Job Postings

Article

The Washington Equal Pay and Opportunities Act (EPOA) (Chapter 49.58 RCW), the state's pay transparency statute, imposes strict obligations on employers.

Although recently effective amendments to the law provide employers some relief (adding a brief grace period to cure deficiencies and certain limitations on damages), the Washington Supreme Court has clarified the law applies broadly, making employer compliance more important than ever.

Employers should review the current obligations and take proactive steps to ensure compliance.

Job Posting Obligations

The revised law requires the following information in all job postings (even for remote roles):

• Wage information: Either a wage range or a fixed wage, if the position offers only a fixed amount.
  
• Benefits information: A detailed description of all benefits the role is eligible to receive, including health insurance, retirement plans, paid time off, bonuses, and other material perks.
  
• Other compensation information: A general description of other compensation the role is eligible to receive.

Benefits Disclosure Specifics

The law requires a "general description of all of the benefits and other compensation." Employers must provide enough detail to give applicants a clear understanding of the benefits package for the specific job opening.

Washington guidance makes clear that the state expects specific details about the insurance, retirement, and paid time off benefits be included in the posting. For instance, instead of "comprehensive health insurance," specify "medical, dental, and vision insurance."

The Amendments: What Has Changed

The July 2025 amendments (SB 5408) introduced several employer-friendly updates:

• Employers may list a fixed wage, instead of a range, when only a fixed amount is offered.
  
• Discretionary damages ranging from $100–$5,000 per violation, replacing the prior flat $5,000 statutory damage.
  
• Through July 27, 2027, employers are granted a five-business-day period to correct job postings after receiving notice of noncompliance. Employers that act quickly can often resolve issues before litigation risk escalates.

Court Clarification

Washington courts interpret "applicant" broadly, pointing to the legislature's intentional use of the term "job applicants" without limiting conditions like "bona fide" or "good faith" as evidence of the law's broad applicability. This reinforces the need for consistent, detail-rich postings and proactive monitoring. Employers should assume wide scrutiny of postings and use that as a driver for strong compliance practices, including internal audits and staff training.

Takeaways

Washington's pay transparency law promotes fairness and clarity, but noncompliance can expose employers to significant risk. Employers can reduce their exposure by acting proactively to ensure every job posting meets the law's requirements.

To comply with the EPOA and minimize risk, employers should consider these steps:

• Audit job postings: Regularly review all postings and templates to ensure they contain the required wage and detailed benefits information.
  
• Monitor third-party platforms: Verify postings on third-party job boards are accurate and compliant.
  
• Establish rapid response: Develop processes to address deficiencies quickly within the five-business-day cure period.
  
• Train staff: Ensure HR and recruiting teams understand the law, the broad definition of "job applicants," the recent amendments, and the importance of swiftly correcting noncompliance.
  
• Document compliance: Keep records of any efforts to review and update postings, as well as any actions taken during the cure period.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.