Pass It In To The Post: The Washington Legislature Updates Pay Transparency Requirements For Job Postings

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Andrew M. DeLucia

July 25, 2025

Washington’s Equal Pay and Opportunities Act (EPOA) is intended to promote equal compensation and advancement opportunities among “similarly employed” employees.  Employees are “similarly employed” if they work for the same employer; the performance of the job requires similar skill, effort, and responsibility; and the jobs are performed under similar working conditions.

The Law on Job Posting Requirements
The EPOA requires employers with 15 or more employees to affirmatively disclose in each job posting the salary range or wage scale offered for the position, in addition to a general description of all benefits and other compensation offered for the position.  “Posting” is defined as “any solicitation intended to recruit job applicants for a specific available position, including recruitment done directly by an employer or indirectly through a third party.”  See our previous article about the requirements here.

The job posting requirements have been the subject of hundreds of class action lawsuits since they went into effect on January 1, 2023.  Substitute Senate Bill (SSB) 5408 will take effect on July 27, 2025 and amends the Act to clarify the pay transparency requirements.  The amendment provides meaningful relief to employers to help comply with the requirements before facing legal action.

Changes Enacted by SSB 5408
Among other things, SSB 5408 provides the following:

• Employers shall have an opportunity to “correct” (i.e., cure) any violation within five (5) business days after receiving notice of a defective posting before a job applicant may seek remedies.  The “cure” provision is effective through July 27, 2027.
•  Employers may advertise a single fixed pay amount in job postings instead of a pay range, in certain circumstances.
• Remedies for affected job applicants, if not cured, are on a sliding scale and limited to either administrative remedies or statutory damages in a private civil action.

Recommendations for Employers
Although the amendments provide some relief for Washington employers, the EPOA will remain intact concerning the general requirement that employers post wage and salary information, and information about benefits and other compensation, in their job postings. Thus, employers should continue to diligently review all of their internal job postings—and arrangements with third-party recruiters who handle job postings—to ensure compliance.  Also, with the “fixed pay amendment,” employers have a reason to conduct an audit of pay ranges and review desired compensation for positions.

The author of this article, Andrew M. DeLucia, is a member of the Bars of Pennsylvania and New Jersey.  This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, New Jersey, Washington, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist.  Always consult an attorney with specific legal issues.