WA job postings must include pay ranges and benefit info

On March 30, Washington Governor Jay Inslee signed into law amendments to the state’s Equal Pay and Opportunity Act (EPOA), which soon will require most Washington employers to include pay ranges in their job postings. The EPOA amendments become effective on January 1, 2023. Because the EPOA amendments only define high-level requirements, the Washington State Department of Labor & Industries (L&I) will likely issue further guidance. Below is a preliminary overview.

Overview

Previously, the EPOA required Washington employers to disclose the salary range of open job positions only if two conditions were met: (1) the employer made a job offer and (2) the applicant requested the salary range. Under the EPOA amendments, however, employers must now affirmatively include pay and benefit information in their job postings before interviewing an applicant or making an offer. Specifically, for each job posting, an employer with 15 or more employees must disclose:

• The wage scale or salary range, and
• A general description of all of the benefits and other compensation.

“Posting” is broadly defined to include written or electronic job solicitations that are tied to a “specific available position,” which itself isn’t defined or described. “Wage scale or salary range” and “benefits and all other compensation” aren’t defined or described. L&I is expected to provide guidance on these open issues.