Washington State issued its final administrative policy providing the state's interpretation of the Equal Pay and Opportunities Act, which took effect on Jan. 1. The law provides that employers must disclose in each posting for each job opening the wage scale or salary range and 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.
The law applies to all employers "engaging in any business, industry, profession, or activity in Washington" and 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 employees or if they engage in business in Washington or recruit for jobs that could be filled by a Washington-based employee, including remote jobs.
This is a broader interpretation of jurisdiction than Colorado or New York City, for example, where employers must have at least one employee physically working from that location before an employer is covered. The law does not apply to jobs to be performed entirely outside Washington or to printed hard-copy postings made and distributed entirely outside Washington. According to the guidance, an employer cannot avoid the duty to comply with...
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