On March 30, 2022, Washington Governor Jay Inslee signed into law Senate Bill (SB) 5761, a measure that requires employers to affirmatively disclose in each job posting open to applicants the salary range or wage scale to be offered, as well as a general description of all benefits and other compensation for the position. Effective January 1, 2023, the law applies to employers with fifteen or more employees and places this requirement on certain public, as well as private, employers that do business in Washington. The law does not specify that all of those employees must be in Washington State. The law also does not address whether it covers postings for remote positions.
With this law, Washington joins Colorado and New York City in imposing a requirement to include pay information in job postings.
SB 5761 revises a 2019 amendment to Washington’s 2018 Equal Pay and Opportunities Act (EPOA) that was added to include protections for applicants for employment, transfer, or promotion, expanding the EPOA’s purview beyond current employees. The 2019 amendment required disclosure of wage scale and salary range information to applicants only upon request. As noted, the new law requires affirmative disclosure of wage, salary, and benefit information in job postings, but it leaves unchanged an employer’s requirement to provide the same information to employees offered new positions or promotions within the company only when requested.
The law does not appear to require job...
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