When Washington’s Equal Pay and Opportunities Act (EPOA) was updated in 2023, it felt like progress. For the first time, job seekers had the right to know what a position paid before they applied. Employers were now legally required to post salary ranges and benefits information in job listings, which was a huge step toward fair wages and pay transparency across the state.
But that win for workers didn’t go unchallenged. And the story of how those protections are being quietly scaled back begins with a major retailer and a court case that’s captured statewide attention.
In early 2024, Total Wine & More — through its Washington-based subsidiary, Washington Fine Wine & Spirits — became the center of a legal battle. Plaintiffs-Appellants Lisa Branson and Cherie Burke, represented by Emery | Reddy, argued the company violated the updated EPOA by failing to include wage and benefits information in its listings.
Rather than update its listings, Total Wine pushed back. The company didn’t just fight the claim in court, it argued that the plaintiff wasn’t a “bona fide” job applicant, and therefore couldn’t sue. According to Total Wine, if someone applied to a job solely to check whether it complied with the law, their lawsuit should be dismissed.
But the story doesn’t stop there.
While the case worked its way through the courts, something unexpected happened. A new bill, SB 5408, quietly made its way through the Washington legislature. The law, which passed unanimously in spring 2025, dramatically limits workers’ ability to bring claims for pay transparency violations.
Now, before a job seeker can take legal action, they must first notify the employer and give them five business days to fix the mistake. Employers can avoid penalties simply by correcting the posting, even if they initially broke the law. The bill also caps damages, reducing what workers can recover for each violation.
Supporters say the law prevents unnecessary lawsuits. But critics believe it weakens one of the strongest wage transparency laws in the country. In effect, it gives companies like Total Wine the ability to make mistakes without facing real consequences, as long as they fix them after being caught.
For job seekers in Washington, this shift is significant. Before SB 5408, hundreds of wage transparency lawsuits had been filed holding employers accountable for illegal job postings. These cases not only sought justice for individual applicants but also encouraged widespread compliance with the law.
Now, with the new correction period and damage caps in place, employers can sidestep full accountability if they move quickly and workers who aren’t aware of their rights may never know that they were shortchanged in the first place.
If you applied to a job in Washington state after January 1, 2023, and the listing didn’t include pay or benefits information, you may still have a case — especially if the employer failed to correct the posting within the required timeframe.
Emery | Reddy is continuing to fight for workers affected by wage secrecy and EPOA violations. If you’ve seen a job posting that didn’t comply with the law, or if you’re unsure whether your rights were violated, we’re here to help. Our legal team can review your claim, explain your options, and advocate for the compensation you may be owed.
Here’s what you should do:
The law may be evolving, but that doesn’t mean your rights are gone. Employers are still legally required to post salary ranges and you could still be entitled to compensation for violations. Because transparency isn’t just about salary ranges — it’s about respect, fairness, and holding employers accountable.
Whether you’ve been injured on the job, subjected to mistreatment in the workplace, or affected by a privacy breach, our expert attorneys are here to help.
