Washington State issued guidance on pay transparency law taking effect on January 1, 2023. Equal Pay and Opportunities Act requires disclosure of wage scale/salary range and description of benefits and other compensation for the position. Law applies if the employer has one Washington-based employee, engages in business in the state, or recruits for jobs that could be filled remotely by Washington-based employee. Guidance indicates Washington’s pay transparency law is in many ways more expansive than those in other jurisdictions.

Earlier this month, Washington issued its final Administrative Policy providing the state’s interpretation of the Equal Pay and Opportunities Act, which takes effect on January 1, 2023. The law provides that employers must disclose in each posting for each job opening: (1) the wage scale or salary range, and (2) a general description of all benefits and other compensation to be offered. The guidance takes an expansive view of which employers are covered by the law and requires job postings to contain pay and benefits information beyond what is required by any other state or locality that has enacted pay transparency legislation.

To whom does the law apply?

The law applies to all employers “engaging in any business, industry, profession, or activity in Washington” for any job postings “that recruit Washington based employees.” This includes employers that do not have a physical presence in Washington if they have one or more Washington-based...

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