Strike everything after the enacting clause and insert the following:
Sec. 1. "RCW
49.58.005 and 2018 c 116 s 1 are each amended to read as follows:
(1) The legislature finds that despite existing equal pay laws, there continues to be a gap in wages and advancement opportunities among workers in Washington, especially women. Income disparities limit the ability of women to provide for their families, leading to higher rates of poverty among women and children. The legislature finds that in order to promote fairness among workers, employees must be compensated equitably. Further, policies that encourage retaliation or discipline towards workers who discuss or inquire about compensation prevent workers from moving forward.
(2) The legislature intends to update the existing Washington state equal pay act, not modified since 1943, to address income disparities, employer discrimination, and retaliation practices, and to reflect the equal status of all workers in Washington state.
(3) The legislature finds that:
(a) The long-held business practice of inquiring about salary history has contributed to persistent earning inequalities;
(b) Historically, women have been offered lower initial pay than men for the same jobs even where their levels of education and experience are the same or comparable; and
(c) Lower starting salaries translate into lower pay, less family income, and more children and families in poverty.
(4) The legislature therefore intends to follow multiple other states and take the additional step towards gender equality by prohibiting an employer from seeking the wage or salary history of an applicant for employment in certain circumstances. Further, the legislature intends to require an employer to provide wage and salary information to applicants and employees.
NEW SECTION. Sec. 2. A new section is added to chapter
49.58 RCW to read as follows:
(1) An employer may not:
(a) Seek the wage or salary history of an applicant for employment from the applicant or a current or former employer; or
(b) Require that an applicant's prior wage or salary history meet certain criteria, except as provided in subsection (2) of this section.
(2) An employer may confirm an applicant's wage or salary history:
(a) If the applicant has voluntarily disclosed the applicant's wage or salary history; or
(b) After the employer has negotiated and made an offer of employment with compensation to the applicant.
(3) An individual is entitled to the remedies in RCW
49.58.060 and
49.58.070 for violations of this section. Recovery of any wages and interest must be calculated from the first date wages were owed to the employee.
NEW SECTION. Sec. 3. A new section is added to chapter
49.58 RCW to read as follows:
(1) Upon request of an applicant for employment after the employer has initially offered the applicant the position, the employer must provide the minimum wage or salary for the position for which the applicant is applying.
(2) Upon request of an employee offered an internal transfer to a new position or promotion, the employer must provide the wage scale or salary range for the employee's new position.
(3) If no wage scale or salary range exists, the employer must provide the minimum wage or salary expectation set by the employer prior to posting the position, making a position transfer, or making the promotion.
(4) This section only applies to employers with fifteen or more employees.
(5) An individual is entitled to the remedies in RCW
49.58.060 and
49.58.070 for violations of this section. Recovery of any wages and interest must be calculated from the first date wages were owed to the employee.
NEW SECTION. Sec. 4. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 5. A new section is added to chapter
49.58 RCW to read as follows:
This chapter may be known and cited as the Washington equal pay and opportunities act."
(2) Requires an employer to provide a minimum wage or salary to applicants initially offered a position, instead of providing a wage scale or salary range for the job title to all applicants.
(3) Requires the employer to provide the wage scale or salary range for an employee's new position upon request of an employee offered an internal transfer to a new position or promotion, rather than the wage scale and salary range for the employee's job title upon hire and upon receipt of new title or promotion.
(4) Requires employers with no wage scale or salary range to provide the minimum wage or salary expectation.
(5) Removes the provision that an employer satisfies the requirements to provide information by making it available on a website.
(6) Limits the requirements to provide wage and salary information to employers with fifteen or more employees.