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Sunday, November 23, 2025

Washington Supreme Court Allows Any Job Applicant to Sue under Pay Transparency Statute: 3 Steps You Should Take To Reduce Your Risk - JD Supra

The Washington Supreme Court just made it easier for plaintiffs to bring costly lawsuits against employers for violations of the state’s highly technical job posting requirements, making compliance more important than ever. The September 4 decision in Branson v. Washington Fine Wine & Spirits allows any “job applicant” to bring a claim for statutory damages against an employer that fails to disclose salary, wage, and benefits information in their job postings, regardless of whether they are a bona fide or good faith applicant. Yesterday’s decision invites a spike in “serial plaintiffs” who merely apply for jobs in aid of bringing large-scale class action lawsuits against employers that commit technical violations of the strict law. This Insight will review what happened in Branson, the impact of recent amendments to the law, and the three steps you can take to ensure you don’t end up as the next defendant in court.

What Are the 2023 Job Posting Rules?

  • As of January 1, 2023, Washington’s Equal Pay and Opportunities Act (EPOA) requires employers with 15 or more employees to disclose the salary or wage range – plus benefits information – in all job postings for Washington jobs. You can read about the law in more detail here.
  • The law allows both “job applicants” and employees to take action if they believe an employer has violated the EPOA, including the job posting rules. It left the term “applicant” undefined.
  • Under the 2023 version of the law, “job applicants” or “...


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