Is your Company Doing Business in WA? Your Company May be Required to Include Salary Ranges for All Job Postings
As of January 1, 2023, Washington state amended its Equal Pay and Opportunities Act to require
employers with 15 or more employees to include pay ranges in all job advertisements. Other states have followed, California (effective January 1, 2023), Colorado (currently in effect) and New York City (effective November 1, 2022), in this regard.The Washington law applies to employers with 15 or more employees, with at least 1 Washington-based employee.The employer must disclose the wage scale or salary range, and a general description of all benefits and other compensation to be offered to the hired applicant.The law also applies for remote work for companies that engage in business in Washington and if the work could be performed by Washington-based employees. It is important to note that employers do not need to disclose the information if the job will be performed entirely outside of Washington, but the job posting reaches applicants who would fill the position as a Washington-based employee.
The pay transparency requirements are an amendment to the Equal Pay and Opportunities Act ("EPOA").
The EPOA requires:
1. Employers must provide equal compensation to "similar-employed workers."
2. Career advancement opportunities may not be based on the gender of employees.
3. Employees are free to discuss their wages.
4. Employers cannot take retaliatory actions against employers for discussing wages, filing
complaints, or any other protected rights under the EPOA.
5. Employers cannot seek (or ask) for wage or salary history of an application, other than to
confirm an applicant's voluntary disclosure after an offer of employment is made.
More information can be found here:
Smith Shapourian Mignano PC is available to answer any questions or concerns you may have regarding your compliance with the amended Equal Pay and Opportunities Act. This blog does not constitute solicitation or provision of legal advice, and does not establish an attorney-client relationship. This blog should not be used as a substitute for obtaining legal advice from an attorney licensed or authorized to practice in your jurisdiction. You should always consult a suitably qualified attorney regarding any specific legal problem or matter in a timely manner, as statutes of limitations may bar your claim.
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