Washington State has taken a significant step for employers under its pay transparency law by giving employers a five-business-day grace period to correct violations in job postings and limiting the damages plaintiffs can win, among other changes to the law. The requirement that Washington employers post wage and salary information, and information about benefits and other compensation, in their job postings is unchanged.
On May 20, 2025, Governor Bob Ferguson signed legislation amending the state's pay transparency law, the Equal Pay and Opportunities Act. The changes are effective July 27, 2025, through July 27, 2027.
Since the 2023 amendments went into effect requiring salary ranges and benefit disclosures in job postings, employers across the state have faced many lawsuits brought by so-called tester applicants, people applying not with the intent to work but to find technical violations. The new law introduces a grace period for employers to fix an identified issue. Under the new law, an employer notified in writing about a non-compliant job posting will have five business days to fix the issue before any penalties kick in.
Another welcome change for employers is the adjustment to the damages structure. Under the previous law, plaintiffs could claim damages automatically, regardless of intent or actual harm. The new law provides statutory damages ranging from $100 to $5,000, and courts are directed to consider several factors when determining awards, including the size of the employer, whether the violation was willful, and the nature of the infraction.
The amendments also clarify that employers are permitted to list a fixed rate, rather than a wage or salary range, when applicable. Additionally, employers will not be held liable for postings that are republished without their knowledge or consent by third-party websites.
Questions that remain include whether people applying solely to find non-compliant postings qualify as "bona fide applicants" and how the latest changes will affect pending litigation, if at all.
As we wait for more clarity, employers should continue to review their job postings carefully, implement internal compliance reviews and train HR teams on updated requirements. Employers should also have a plan for promptly addressing any potential violations. As always, Jackson Lewis attorneys are here to help you navigate these developments. Please reach out to our Pay Equity Group or the Jackson Lewis attorney you regularly work with for any questions.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
