Since January 1, 2023, Washington’s Equal Pay and Opportunity Act has required that employers ensure their job postings include the “wage scale or salary range and general description of benefits and other compensation” to promote pay transparency as one way to combat pay inequity. 

Starting July 27, state law will provide a grace period to correct violations, limit the amount of damages that applicants and workers can receive if violations are found, and offer additional flexibility to comply with the law. 

While employers still must include certain compensation disclosures in their job postings or face monetary liability, the new version of the law clarifies the following:

• Fixed rates are okay. If an employer offers a “fixed wage amount” for the job opening, there is no need to disclose a scale or range.
• Scraped postings. A job “posting” does not include third-party reposts of the posting (e.g., Indeed or ZipRecruiter) if made without the employer’s consent. This process is also called “scraping.”
• 5-day grace period. Until July 27, 2027, when another amendment is anticipated, employers must be afforded an opportunity to correct any postings before a lawsuit can be filed or Labor & Industries can pursue penalties. An employer has five business days to make corrections after receiving notice from “any person.”
• Applicant’s recoverable damages. Clarifying the ambiguity whether $5,000 is a minimum recovery for each “applicant,” the amendment expressly states that an applicant may recover between $100 and $5,000 based on factors weighed by the court. These include whether the violation was willful or a repeat violation, the employer’s size, and what amount is “necessary to deter future noncompliance.” Functionally, plaintiffs will recover far less than $5,000 each unless these factors weigh in favor of a greater award.