Washington State has enacted amendments to its Pay Transparency Law through Senate Bill 5408 (SSB 5408), bringing important clarifications that affect how employers disclose wage and salary information in job postings. These changes aim to provide clearer guidance to employers, streamline enforcement, and introduce a temporary grace period for correcting errors in job advertisements.
Key provisions of the law include the following:
Disclosure of Fixed Wages
One of the primary updates requires employers to disclose a fixed wage amount in a job posting if that is the only amount being offered for the position. Previously, the law mandated disclosure of a wage scale or salary range, which created ambiguity in situations where compensation was non-negotiable. This amendment simplifies compliance by aligning disclosure requirements with the employer’s actual compensation offer.
Definition of Job Posting
The definition of a “posting” has also been refined. Under the amended law, the term excludes job postings that are digitally replicated and published without the employer’s consent. This clarification protects employers from being held accountable for postings that have been reposted by third-party job boards without their knowledge or approval.
Opportunity to Cure
Significantly, the legislation introduces a temporary opportunity to correct noncompliant job postings without incurring penalties. From the effective date of the law through July 27, 2027, employers who receive written notice from any individual about a potentially noncompliant posting will have five (5) business days to make corrections. If the employer remedies the issue, both by updating their own posting and, if applicable, contacting third-party platforms to make corrections, then neither the Washington State Department of Labor & Industries (L&I) nor the courts may impose penalties or damages. This grace period is intended to encourage voluntary compliance and good-faith efforts to adhere to the law before enforcement mechanisms are triggered.
Statute of Limitations
The statute of limitations for bringing a civil claim under the amended law is three years from the date of the alleged violation. It is important to note that individuals may pursue either administrative remedies or civil litigation, but not both, for the same violation. Filing a civil action will terminate any active administrative complaint with L&I.
Next Steps for Employers
Considering these changes, employers with 15 or more employees in Washington should take immediate steps to review their job posting practices. Employers are encouraged to ensure all job advertisements contain the appropriate wage disclosure details and to establish internal procedures for promptly addressing any notification of noncompliance.
Human resources and recruiters should be trained in the updated requirements, including how to manage postings across third-party job boards. It is also advisable to document all corrections and communications related to noncompliant postings to demonstrate a good-faith compliance effort.
