If they haven’t already, employers should ensure that their job postings comply with Washington State’s new pay transparency law, which, in many instances, applies even to businesses outside of the state. The law went into effect January 1, 2023, and Washington now joins a number of other jurisdictions in requiring employers to provide detailed pay and benefit disclosures in their job postings.

Under these new amendments to the state’s Equal Pay and Opportunities Act, job postings from covered employers must disclose the following:

• the wage scale or salary range for the job opening, and
• a general description of all benefits and other compensation to be offered to the hired applicant.

Below are frequently asked questions about the scope and requirements of the new law.

1. Which employers are covered by the new law?

The law covers any employer that meets both of the following criteria:

• The employer has 15 or more employees. Guidance issued by the Washington State Department of Labor and Industries indicates that the 15-employee threshold “includes employees that do not have a physical presence in Washington, if the employer has one or more Washington-based employees.”
• The employer engages in any business, industry, profession, or activity in Washington. The guidance indicates that businesses do not need to have a physical presence in Washington to be covered. If an employer engages in business in Washington or recruits for jobs that could be filled by a...

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