A New Guide for Complying with Washington's Pay Transparency Law

By Amy Kangas Alexander and Chrystina R. Solum | Related Practice: Employment

Since January 2023, Washington’s Equal Pay and Opportunities Act (EPOA) has required that job postings for positions that could be filled by Washington-based applicants include detailed wage scale and benefits information. Steep mandatory penalties have incentivized an industry of class action litigation with six-, seven-, and even eight-figure settlements.

Starting July 27, 2025, employers will see some relief after the Washington legislature’s modest fixes go into effect. These fixes include a requirement that employers receive notification of non-compliant job postings and an opportunity to fix them before an applicant can file suit, and also clarify when employers are not liable for third-party posts.

Ensuring that your business complies with the EPOA is crucial. This post will summarize the current requirements and the upcoming changes that will take effect on July 27, 2025.

Who Must Comply: Employers (1) with at least one employee in Washington; (2) with 15 or more employees in any location; and (3) who are hiring for positions that could be filled by a Washington-based employee.

What Must Be Disclosed:

• Wage Scale or Salary Range: Employers must publish in job postings a wage scale or salary range and other compensation, such as bonuses, commissions, profit-sharing, stock options, and other forms of compensation that are likely to be offered to the successful applicant. Starting July 27, 2025, if only one fixed wage is intended to be offered, the employer may disclose only that fixed wage.
• General Description of Benefits: Employers must publish in job postings a general description of all benefits likely to be offered to the successful applicant, including:
  • Health care benefits;
  • Retirement benefits, specifying the particular benefit offered (e.g., 401(k), 403(b), defined benefit, deferred compensation, etc.);
  • Insurance benefits, specifying the particular insurance offered (e.g., vision, dental, life, disability, etc.);
  • Paid time off benefits that are more generous than required by law (e.g., one hour of paid sick/safe leave for every 30 or 40 hours worked, as applicable), specifying the type of paid leave and amounts (e.g., 8 hours of paid vacation each month, 80 hours of sick leave annually, 12 weeks of paid parental leave, etc.);
  • Paid holidays, specifying the number of paid holidays per year (e.g. ten paid holidays annually); and
  • Any other taxable fringe benefits.

Covered Job Postings: Pay transparency disclosures are required on any written solicitation intended to recruit job applicants that lists the qualifications sought for applicants of a specific position. This means that, in addition to traditional job postings, other writings, such as recruiting emails, could constitute a covered job posting. A covered job posting includes electronic and hard copy postings posted by the employer and by third parties. All job postings must disclose the wage scale or salary range and a general description of benefits. Electronic job postings may also include a link to a more detailed description of benefits in addition to the general benefit description. Starting July 27, 2025, employers may not be liable for noncompliant third-party postings replicated without the employer’s consent.

Required Notice to Employers: Between July 27, 2025, and July 27, 2027, employers must receive notice of a noncompliant job posting and have an opportunity to cure it before an employee or applicant may initiate a lawsuit. If an employer corrects the posting within five business days of receiving the notice and requests that any third-party posts are also corrected, the employer will not be liable for statutory penalties and attorney fees.

Scope of Coverage: The law applies to all job postings for positions that could be performed in Washington state, regardless of where the employer is located. Disclaimers in the job posting that Washington-based applicants will not be considered is insufficient.

Penalties: As of July 27, 2025, statutory damages for noncompliant job postings are modified from a fixed $5,000 per applicant to a range between $100 and $5,000 per applicant, depending on certain statutory factors, plus attorney fees and costs. The penalty range depends on whether the violation was willful or repeat, the employer's size, the amount needed to deter additional violations, the purpose of the EPOA, and other considerations.

The statutory revisions will also allow applicants to seek remedies through an administrative complaint process with the Washington Department of Labor & Industries rather than a civil lawsuit.

Employer To-Dos:

• Review your current job postings and implement strong processes and procedures to ensure current and future compliance with the EPOA. Educate employees authorized to create job postings, including recruiters, on the EPOA’s requirements and how to ensure consistent compliance. Consider having your legal counsel review your wage scale or salary range and general benefit description.
• Institute processes to regularly review and ensure that third-party postings are compliant with the EPOA.
• Respond promptly to any notice of noncompliance with the EPOA’s pay transparency requirements.
• Update business contact information. While the statute does not specify how an employer must be contacted, ensure that public-facing email aliases, particularly those associated with job postings, are regularly monitored. Employees could also elect to contact a business’s registered agent via mail, so ensure that this information is up to date.

If you have questions about compliance, please contact a member of our employment team.