Washington's Equal Pay and Opportunities Act has been amended again, placing another disclosure and compliance obligation on Washington employers during the hiring process. This amendment will require employers with 15 or more employees to disclose the wage scale or salary range in job postings, along with a general description of "all of the benefits or other compensation to be offered to the hired applicant."
Importantly, this law will apply to all positions, including exempt positions. Private-sector employers have often closely guarded salary information for a variety of reasons, including to remain competitive in the market. This new law designed to promote transparency and close gender pay gaps will likely create some challenges, so employers should take steps now so they are prepared to comply when this law becomes effective on January 1, 2023.
The Washington EPOA, chapter 49.58 RCW, defines "compensation" to mean "discretionary and nondiscretionary wages and benefits provided by an employer to an employee." The new law broadly defines "posting" as "any solicitation intended to recruit job applicants for a specific available position." It includes recruitment "done directly" or "indirectly through a third party," and postings done electronically or by hard copy.
In contrast, as originally passed, the EPOA requires employers to provide the minimum wage or salary only when an applicant requests, and only after the applicant has initially...
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