On January 1, 2023, Washington joined the growing list of states requiring pay transparency in job postings. Amendments (the “Amendments”) to the Washington State Equal Pay and Opportunities Act (the “EPOA”) require covered employers to disclose pay range, benefits, and other compensation in job postings. The Washington Department of Labor and Industries issued an administrative policy (the “Guidance”) to provide guidance regarding the broadened disclosure requirements.
Previously, the EPOA addressed pay equity in four ways: (1) prohibiting employers from paying “similarly employed” employees differently based on gender or making decisions on career advancement opportunities based on gender; (2) prohibiting employers from limiting employees’ rights to discuss their wages; (3) restricting employers from asking about an applicant’s previous or current wages and salary; and (4) requiring employers with 15 or more employees, upon request, to provide applicants with the minimum wage or salary for the position for which the applicant is applying (including internal job transfers).
The Amendments add a fifth prong: pay transparency obligations in job postings.
Wage Scale and Salary Range Disclosures in Job Postings
The Amendments require employers that engage in any business, industry, profession, or activity in Washington and have 15 or more employees anywhere, with at least one employee in Washington (“Covered Employers”), to disclose...
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