Washington’s Pay Transparency Law continues to reshape how employers advertise jobs, and how applicants can hold companies accountable when they fail to comply. In a recent case pending in the U.S. District Court for the Western District of Washington, Office Depot is pushing back against a proposed class action brought by job applicants who allege the company failed to include legally required pay information in job postings.
The lawsuit centers on Washington’s Equal Pay and Opportunities Act (EPOA), which requires employers to disclose wage scales or salary ranges in job postings for open positions. The law is designed to reduce pay inequities and eliminate information imbalances that historically disadvantage workers, particularly women and employees of color.
The Class Certification Dispute
Plaintiff Nicole Yount seeks to represent a class of job applicants who applied to Office Depot positions that allegedly omitted required wage disclosures. According to the complaint, Office Depot posted jobs without listing pay ranges, conduct that, if proven, would amount to a straightforward violation of Washington law.
In her filings, Yount argues that the case is well-suited for class treatment because the central question is simple: did Office Depot disclose wage information in its job postings or not? Under the statute, damages are set by law and do not require individualized calculations, and the identities of affected applicants can be determined using information already maintained by the company.
Office Depot disagrees. In its opposition, the company contends that the proposed class cannot be certified under federal law, arguing that determining class membership would require individualized analysis of job postings at different points in time and an examination of each applicant’s circumstances. The company also claims the proposed class definition is improper and that Yount cannot adequately represent other applicants.
Attacking the Message, Not the Merits
Instead of focusing solely on whether its job postings complied with the Pay Transparency Law, Office Depot has also taken aim at the plaintiff and her legal team, pointing to other pay transparency cases brought in Washington courts and criticizing the enforcement of the statute through class actions.
That tactic is becoming increasingly common as more applicants assert their rights under the EPOA. Since Washington’s Supreme Court clarified in 2025 that any job applicant, not just those who meet an employer’s subjective definition of a “bona fide” applicant, may sue for noncompliance, employers have faced a growing number of enforcement actions across industries.
Why Pay Transparency Enforcement Matters
At its core, this case is not about technicalities or litigation volume, it is about whether employers will share basic compensation information with job seekers, as the law demands.
Pay transparency empowers workers to make informed decisions, reduces the risk of discriminatory pay practices, and promotes fair competition in the labor market. When companies withhold wage ranges, applicants are forced to negotiate in the dark, often perpetuating long-standing wage gaps. Washington lawmakers enacted the EPOA to address exactly this problem.
As Emery | Reddy, PC partner Timothy W. Emery explained, “Like many of the largest companies in Washington, Office Depot is fighting to maintain its monopoly on wage information. It’s easy to point fingers at the lawyers, but this is a fight about something much bigger: pay equality.”
A Broader Statewide Trend
The Office Depot case is part of a larger wave of litigation in Washington as courts interpret and apply the Pay Transparency Law. While some employers have chosen to settle and correct their practices, others continue to challenge the law’s enforcement through procedural arguments. Regardless of the strategy, the direction is clear: pay transparency is no longer optional in Washington.
Standing Up for Job Applicants
Emery | Reddy is proud to represent workers and job applicants seeking to enforce Washington’s pay transparency protections. These cases are about fairness, accountability, and ensuring that employers follow the same rules they expect others to follow.
As this case proceeds, it will further clarify how Washington courts evaluate class actions under the EPOA and it will send an important message to employers across the state about the consequences of ignoring pay transparency obligations.
If you applied for a job in Washington and believe wage information was improperly withheld, you may have rights under the Equal Pay and Opportunities Act. Contact Emery | Reddy to learn more.
“Office Depot faces a Washington pay transparency class action over missing wage ranges in job postings under the Equal Pay and Opportunities Act.”
