Washington Wage Transparency Laws

Salary or wage ranges: Employers must provide a salary range or pay scale that they reasonably expect to offer for the position.

• Ranges such as $50,000–$75,000 per yearor $16–$20 per hour based on experience are acceptable, however anything open-ended, such as $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.
• 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 or wage ranges.
• Employers cannot avoid the law by excluding Washington state citizens from the job listing.

General benefits information: Employers must also disclose information about benefits and other compensation, such as bonuses, commissions, or other perks. 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.

f 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 the company has at least 15 employees, the employer must follow Washington state employee wage laws by providing the salary or wage range for the new position upon request.

If you live in and applied for a job in Washington state after January 1, 2023, and the job posting did not list clear salary or pay information, here’s what you should do:

1. Take a screenshot of the job posting.
2. Save the job application.
3. Save any correspondence with the employer.
4. Call Emery | Reddy to speak with an experienced Intake Specialist for a Free Case Review and learn how we may be able to help. No fee unless we recover for you.

Under the updated Washington state EPOA, it’s illegal for employers to prevent employees from sharing or discussing their wages. Employers cannot ask employees to sign wage confidentiality agreements. However, if an employee’s job gives them access to other employees’ wage information (such as Human Resources), the employer can require that employee to keep other employees’ pay information confidential.

Employers cannot take any adverse action against an employee for discussing wages, filing a complaint, testifying in a proceeding related to the law, or exercising other protected rights granted under the Equal Pay and Opportunities Act. Additionally, employers cannot retaliate against employees who ask about their wages or lack of opportunity for advancement.

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 pay 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.

You have options when it comes to pursuing a violation of the Washington state EPOA; you can file a complaint with the Washington Department of Labor and Industries (L&I), submit a tip for a non-compliant job posting, or file a civil suit.

Filing a Complaint with Labor and Industries for EPOA Violations

To file a complaint with Labor and Industries (L&I) against an employer (or former employer) for violating the EPOA, you must complete an EPOA complaint form and send it to them by mail, bring the complaint to your nearest L&I office, or submit the form to their secure file upload. You may include additional documentation and evidence of the violation. This can include paystubs, emails, texts, or official correspondence. After receiving your complaint, L&I will investigate the employer and determine if there has been a violation. L&I may impose fines against the employer.

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 Labor and Industries (L&I) is empowered to investigate Washington state EPOA violations, the wheels of bureaucracy often turn slowly; it could be a long time before they make any decisions on your complaint. L&I will try to collect any money owed to you by the employer, but they make no promises that they will be able to collect it. Additionally, L&I must notify the employer that you filed a complaint; L&I will not investigate anonymous complaints.