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Sunday, November 23, 2025

Washington State Supreme Court Broadly Defines Job Applicants Covered by Pay Transparency Law - The National Law Review

In a closely watched decision on September 4, 2025, the Washington State Supreme Court ruled that job applicants can sue for violations of the state’s pay transparency law without needing to prove they applied for the job in good faith or were otherwise “bona fide” applicants. In Branson v. Washington Fine Wine & Spirits, plaintiffs brought a class action against a retailer that did not disclose pay information in job postings.

Quick Hits

  • The Washington State Supreme Court recently ruled that job applicants can sue for violations of the state’s pay transparency law without having to show they applied in good faith or that they were “bona fide” applicants. All that is required is they applied to a specific job posting.
  • Washington’s pay transparency law requires employers to include wage scale, salary range, and benefits information in all job listings.

With hundreds of purported class action lawsuits filed primarily by a few serial plaintiffs, many of which were stayed, parties have been waiting for the Washington State Supreme Court to opine on who is a job applicant under the Washington Equal Pay and Opportunities Act (EPOA). These lawsuits, such as the Branson lawsuit, seek statutory damages of $5,000 per job applicant.

In a class action, workers sued Washington Fine Wine & Spirits, which does business as Total Wine and More, for not including a salary or wage range in job listings. The liquor retailer argued that the statute only intended to protect bone-fide...



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