As we previously reported, states and cities across the United States have enacted or expanded pay equity laws that mandate compensation transparency in job advertisements. For example, the amended Washington Equal Pay and Opportunities Act (EPOA) that became effective 1 January 2023, includes new requirements for listing compensation and benefit information in job postings.

In response to questions employers have raised while attempting to comply with the new EPOA requirements, the Washington State Department of Labor and Industries recently issued Administrative Policy ES.E.1 (DLI Guidance) to provide information for employers on how to comply with the pay transparency requirements. Below is an overview of existing EPOA requirements and the new DLI Guidance, as well as recommended best practices.

Requirements Under the EPOA

The EPOA requires:

• Equal pay: Employers must provide equal compensation to “similarly employed” employees, except for some specific reasons unrelated to gender. Pay may vary based on business-related factors, including education, training, experience, seniority, merit, systems that measure performance based on production quality or quantity, bona fide regional differences in compensation, or differences in minimum wage.
• Equal career advancements: Employers must not limit or deprive employees of career advancement opportunities on the basis of gender.
• Open wage discussions: Employers must not prohibit employees from inquiring about, disclosing,...

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