Pay Transparency Developments: Washington Limits Its Equal Pay & Opportunities Act in 2025 Amendments - The National Law Review
Earlier this year, Washington enacted new amendments (the “2025 Amendments”) to its pay equity law, which will soon bring some relief to employers.
Since 2023, the Equal Pay and Opportunities Act (EPOA) has required employers with at least 15 total employees and at least one Washington-based employee to include the wage scale, salary range, and other disclosures in covered job postings, as we previously explained here. The 2025 Amendments, among other things, clarify the remedies available under the EPOA and temporarily curb liability for employers who violate its pay transparency requirements. These modifications take effect on July 27, 2025.
Temporary Opportunity to Cure
In a welcome change for employers, the 2025 Amendments allow employers to avoid liability if they correct violations of the job posting disclosure requirements that occur after July 27, 2025. Any individual can and must provide written notice to an employer that its job posting does not include a pay range prior to seeking any remedies for the alleged violation. If the employer corrects the posting within five business days of receiving notice, and, where applicable, contacts any applicable third-party posting entity with a demand to correct the posting, neither the courts nor the state’s Department of Labor & Industries (L&I) may assess any damages or penalties. This opportunity to cure will sunset after July 27, 2027.
Administrative and Civil Remedies
If an employer fails to timely cure an...
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