Equal pay and Opportunities Act

On January 1, 2023, a modified statute went into effect requiring employers to disclose a wage or salary range to job applicants.  The statute is part of the Washington equal pay and opportunities act, which was enacted to remedy income disparities among certain classes of workers, particularly women, and to give those workers the right to information about compensation that would put them in a better negotiating position with the employer.  RCW 49.58.005.

Now, when an employer posts a job opening or solicitation of any sort, they are required to disclose the wage scale or salary range for the position advertised, along with a general description of benefits and other compensation being offered.  RCW 49.58.110(1).  Even if the employer does not advertise for the position, if the employer offers a job to a prospective employee, the employer must provide the employee with the wage scale or salary range for the new position upon request by the employee.  RCW 49.58.110(2). 

Under the old law, the employer was not required to publish wage or salary information in job openings.  An employee offered a job could still request the information (if they knew they were entitled to it), but the employer was not required to have an established wage scale or salary range, and was only required to provide the minimum wage or salary expectation in that case.

If the employer violates this requirement, the employee can bring a complaint with the Department of Labor and Industries, RCW 49.58.060(1), or bring a civil suit directly against the employer, RCW49.58.070(1).  The employee can recover (1) the greater of their actual damages from the lack of disclosure, or five thousand dollars, and (2) one percent per month on all compensation owed.  RCW 49.58.060(2)(a) & 49.58.070(1).  The employee is also entitled to reasonable costs and attorney fees from the civil suit, RCW 49.58.070(1), or if the employer appeals an adverse determination by the Department of Labor and Industries, RCW 49.58.060(3).

It appears that the actual damages would be the difference between the pay actually received by the employee, and the wage or salary the employee would have made if the wage scale or salary range had been disclosed.  See RCW 49.58.110(4). 

The provision only applies to employers with 15 or more employees.  RCW 49.58.110(3).