Washington State's Department of Labor and Industries recently released a draft administrative policy with updated guidance on the modified pay transparency requirements, beginning Jan. 1, 2023. This draft policy aims to clarify issues raised by stakeholders in the feedback process for the development of the final administrative policy. The draft policy gives some new insight on several important topics.
The guidance clarifies that the 15-employee threshold for covered employers "includes employers that do not have a physical presence in Washington, if the employer has one or more Washington-based employees." Covered employers sponsoring foreign national employees for legal permanent residence (green cards) through the PERM process will have to comply with these requirements when conducting PERM recruitments.
Job postings include openings for internal transfers, as well as remote jobs, according to the new guidance. Stating in a posting that the employer will not accept Washington applicants does not excuse compliance with this law.
Information Required
Each job posting must include "the wage scale or salary range and a general description of all the benefits and other compensation for a specific available position to be offered to the hired applicant."
The new guidance provides detailed examples of information that should and should not be included. For example, the wage scale/salary range should have a low and high number, rather than open-ended descriptions, such as...
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