Recent changes to the Washington Equal Pay and Opportunities Act (EPOA) now require employers to share the wage scale or salary range in all job postings, as well as a description of benefits offered to job seekers. In addition, employers are prohibited from asking a job candidate for their salary history.
What Is The Washington Equal Pay And Opportunities Act (EPOA)?
The Washington EPOA prohibits gender pay discrimination and promotes fairness among workers by addressing business practices that lead to income inequalities between genders. While the law was originally created to level the playing field for women, it now offers a wide variety of protections for employees and job seekers of all genders.
In general, the Washington EPOA provides:
- Equal pay and career advancement opportunities,
- Open wage discussions,
- Access to wage and salary information for employees and job seekers,
- Salary history privacy, and
- Protection from retaliation.
Who Is Covered Under EPOA?
All employees and job applicants in Washington state have rights under EPOA.
The law makes it illegal for employers to base an employee’s pay or career advancement opportunities on their gender. The law also gives workers the right to discuss their wages freely without fear of retaliation and access certain wage and salary information.
Job applicants are also entitled to many of the same legal protections as employees. For example, employers are not allowed to ask an applicant for their salary history or require them to make a minimum salary to be considered for a new position.
How Does EPOA Promote Equal Pay And Equal Career Advancements?
Under equal pay laws, gender cannot be used as a basis for pay differences between employees with similar jobs. Determining whether employees have similar jobs must be based on skill, effort, and responsibility, not just on job titles. Additionally, employers cannot limit or deprive you of career advancement opportunities based on gender.
In some cases, however, there are some exceptions where differences in pay or career advancement opportunities may be acceptable under the law:
- Differences in education, training, or experience
- Seniority
- Work performance
- Measuring earnings by quantity or quality of production
- Regional differences in compensation
- Differences in local minimum wages
- Job-related factors consistent with business needs
Washington Salary Disclosure Laws
The law also protects employees and job applicants when it comes to sharing salary information.
Can Employees Discuss Wages In The Workplace?
Yes. Under the updated Washington EPOA, it’s illegal for employers to prevent employees from sharing or discussing their wages or the wages of other employees. Also, your employer cannot ask employees to sign wage confidentiality agreements. However, if your job gives you access to other employees’ wage information as part of your job duties (such as Human Resources), your employer can require you to keep that information confidential.
Furthermore, employers cannot punish employees for discussing wages, filing a complaint, testifying in a proceeding related to the law, or exercising other protected rights granted under the EPOA. Additionally, employers cannot retaliate against employees who ask about their wages or lack of opportunity for advancement.
How Can I Get Wage Or Salary Information?
If you are offered an internal transfer or promotion, you can request your employer to provide you with the wage scale or salary range for the new position. If a wage scale or salary range does not exist, your employer must provide the minimum wage or salary expectation they set prior to posting the position or offering the promotion.
As of January 1, 2023, Washington State employers with 15+ workers—as well as nationwide companies with at least one Washington-based employee—are required to post wage scale or salary range information, as well as benefits and other compensation, in all job postings.
Am I Required To Share My Wage And Salary History With A Prospective Employer?
No. Employers cannot ask you for your wage or salary history, nor can employers require that an applicant’s prior wage or salary history meet certain criteria. If they do, you’re entitled to an additional $5,000 in damages, as well as employer fines and attorney’s fees. You can choose to share your wage or salary history with prospective employers if you want.
Consequences For Violating Equal Pay Laws
There is no excuse for employers not to follow the law—not only will they be responsible for paying fines and damages to the wronged employee, but infringements of their employees’ rights will also hurt their reputation and business. Additionally, if your employer breaks the salary transparency law, you could be entitled to $5,000 in damages, as well as attorney’s fees. Unfortunately, this doesn’t always stop employers from discriminating against their employees and violating their rights.
Washington State Salary Transparency Law
Every worker deserves a fair wage. Salary transparency builds trust and improves employee morale while also creating a competitive job market for job searchers and current employees. Here’s what you need to know about the updated salary transparency law.
What Are The Salary Transparency Requirements For Washington State Jobs?
Whether printed or digital, job postings in Washington state must list a clear salary range or hourly rate.
Ranges such as $50,000-$75,000 per year or $16-$20 per hour based on experience are ok, anything open-ended, like $50,000 per year and up, is not.
Jobs that pay by commission or piece rates must clearly state the rate, i.e., 3-5% commission of net sale price or $0.50-$0.75 per pound of produce picked.
Additionally, any benefits that are part of the compensation package (medical, dental, vision, stock options, etc.) must be listed; however, a dollar value for those benefits is not required.
One thing to note: if the job posting doesn’t provide clear salary information but provides a link to learn more about the job, the link must provide salary ranges.
What Happens If The Job Posting Doesn’t List The Salary?
The updated Washington state salary transparency law requirements allow job seekers to sue for damages of $5,000 minimum and attorney’s fees. Employers could also face fines from the Washington State Department of Labor and Industries (L&I) for breaking the law. Additionally, employers cannot avoid the law by excluding Washington state citizens from the job listing.
What to Do If You Apply For A Job In Washington State And The Salary Isn’t Posted
If you live in Washington state and applied for a job after January 1, 2023, and the job posting did not list clear salary or pay information, here’s what you should do:
- Take a screenshot of the job posting.
- Save the job application.
- Save any correspondence with the employer.
- Contact Emery | Reddy PLLC’s legal team.
How Do I Report A Violation Of EPOA?
You have two options when it comes to reporting a violation of the Washington EPOA; you can report the violation to the Washington Department of Labor and Industries (L&I) or hire an employment law attorney and file a civil suit. There are pros and cons to both options.
Reporting An EPOA Violation To L&I
To report the equal pay laws violation to L&I, you must complete an EPOA complaint form and send it to them. You will also need to include additional documentation and evidence of the violation. This can include paystubs, emails, texts, or official correspondence. After receiving your complaint, they will investigate your employer and determine if there has been a violation and fine them as necessary.
EPOA Complaint Form
Mail your complaint form and documentation to the following address or drop it off at your nearest L&I office:
Department of Labor & Industries
Employment Standards
P.O. Box 44510
Olympia, WA 98504-4510
While L&I is the official government body for handling EPOA violations, the wheels of bureaucracy often turn slowly, and it could be a long time before they make any decisions on your report. L&I will try to collect any money owed to you by your employer, but they make no promises that they will be able to collect it. Additionally, L&I must notify your employer that you filed a complaint, which could make things at work uncomfortable if you’re still working for that employer. Retaliation by an employer is illegal, but that doesn’t always stop an employer from acting irrationally and lashing out.
Hiring An Attorney And Filing A Civil Suit
If you don’t want to file a complaint with L&I, you can always hire an experienced employment attorney to help you sue your employer instead. In a civil lawsuit, the plaintiff (you) may be awarded damages, interest, statutory penalties, costs, and attorney fees. To determine whether you have a case, you will also need to submit the same documentation and evidence to your attorney.
If you decide to sue your employer in civil court, L&I will no longer be allowed to get involved as soon as the legal documents are filed. Once you file a lawsuit you will not be able to change your mind.
Why Choose Emery | Reddy?
If you believe your rights have been violated under the Washington Equal Pay and Opportunities Act or the Washington Salary Transparency Law, contact Emery | Reddy, PLLC for a free Case Review with an experienced Intake Specialist. Talking to an Intake Specialist before contacting L&I will help you understand all your options and help you make the best choice for your situation.
Standing up to an employer who violated your rights can often feel scary and overwhelming, but it doesn’t have to be. With more than two decades’ worth of experience, we know what it takes to hold employers accountable. We’ve won tens of millions of dollars for clients dealing with workers’ rights violations. Find out how we can help you too—call our legal team now to find out if you have a case and what next steps are available to you.
Want More Information?
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Meet The Team
The Seattle EPOA and Salary Transparency Law attorneys at Emery | Reddy, PLLC are passionate about helping workers with employment law issues and L&I claims. We Help Workers®: it’s our motto and what drives us every day.
We know how companies think, and we understand the tactics they use. Our EPOA and Salary Transparency Law attorneys use that knowledge coupled with over two decades of experience to help protect employee rights and hold employers accountable when they break the law.
If you’re struggling with an employment law issue, injury, or L&I claim, please call us and see how Emery | Reddy can help you today.
Timothy W. Emery
Patrick B. Reddy
Karolina S. Arthur
Paul Cipriani, Jr.