FINANCIAL MANAGEMENT

[Filed February 20, 2020, 12:30 p.m., effective March 30, 2020]

Effective Date of Rule: March 30, 2020.

Purpose: Provide clear expectations of what is and what is not acceptable for seeking the wage or salary information from an applicant or an applicant's employer until the applicant has voluntarily disclosed their wage history or after the employer has negotiated and made an offer of employment. ESHB 1696 was passed during the 2019 legislative session with an effective date of July 28, 2019. ESHB 1696 prohibits an employer from seeking the wage or salary history of an applicant for employment from the applicant or a current or former employer or requiring that the applicant's prior wage or salary history meet certain criteria. This bill also requires employers, upon request of an applicant for employment, to provide the wage scale or salary range for the job title for the position for which the applicant is applying. The proposed new section, WAC 357-16-017, addresses when an employer must provide the salary range or management band for a position. The proposed new section, WAC 357-16-215, addresses when an employer may seek the wage or salary history of an individual for employment. The proposed new section, WAC 357-16-220, addresses when an employer may confirm an individual's wage or salary history. The proposed amendment to WAC 357-58-190(8) is to add that the wage and salary history requirements in chapter 357-16 WAC must be addressed in agency's Washington management services recruitment and selection policy and/or procedure.

Citation of Rules Affected by this Order: New WAC 357-16-017, 357-16-215 and 357-16-220; and amending WAC 357-58-190.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Other Authority: RCW 49.58.100 and 49.58.110.

Adopted under notice filed as WSR 20-02-083 on December 30, 2019.

Changes Other than Editing from Proposed to Adopted Version: Since the proposed version, WAC 357-16-017 was changed to address "the employer" as "an employer." WAC 357-16-017, 357-16-215, and 357-16-220 were changed to address that all sections also include employers with fewer than fifteen employers [employees]. WAC 357-58-190 was changed to reference the RCW instead of stating "state law."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 3, Amended 1, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 3, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 3, Amended 1, Repealed 0.

Date Adopted: February 20, 2020.

Assistant Director of

Legal and Legislative Affairs

WAC 357-16-017When must an employer provide the salary range or management band for a position?

In accordance with RCW 49.58.110, an employer must provide the salary range or management band in the following circumstances:

(1) Upon request of an individual for employment after an employer has initially offered the individual the position; and

(2) Upon request of a current employee who is offered an appointment to another position.

If no salary range or management band exists, an employer must provide the minimum wage set by the employer prior to posting the position or appointing an employee to another position.

For the purposes of this section "employer" also includes those employers with fewer than fifteen employees.

WAC 357-16-215May an employer seek the wage or salary history of an individual for employment?

In accordance with RCW 49.58.100, an employer may not:

(1) Seek the wage or salary history of an individual applying for employment, including current employees, from the individual or the individual's current or former employer; or

(2) Require that an individual's prior wage or salary history meet certain criteria, except as provided in WAC 357-16-220.

For the purposes of this section "employer" also includes those employers with fewer than fifteen employees.

WAC 357-16-220May an employer confirm an individual's wage or salary history?

In accordance with RCW 49.58.100, an employer may confirm an individual's wage or salary history if:

(1) The individual has voluntarily disclosed their wage or salary history; or

(2) After the employer has negotiated an offer and made an offer of employment including compensation to the individual.

For the purposes of this section "employer" also includes those employers with fewer than fifteen employees.

AMENDATORY SECTION(Amending WSR 05-12-069, filed 5/27/05, effective 7/1/05)

WAC 357-58-190What must be addressed in agency's WMS recruitment and selection policy and/or procedure?

An agency's WMS recruitment and selection policy must:

(1) Provide for the ability to consider any or all qualified candidates for hire, promotion, or internal movement;

(2) Ensure that hiring decisions are fair, objective, and based on the evaluation of leadership and other job related competencies and characteristics required for successful job performance and performance management;

(3) Support workforce diversity and affirmative action goals;

(4) Consider the career development of the agency's employees and other state employees;

(5) Ensure that hiring decisions are not based on patronage or political affiliation;

(6) Ensure compliance with state and federal laws relating to employee selection and nondiscrimination;

(7) Encourage decentralized and regional administration of the recruitment and selection processes when it is appropriate for the agency;

(8) Ensure compliance with requirements governing wage and salary information in accordance with RCW 49.58.100, 49.58.110, WAC 357-16-017, 357-16-215, and 357-16-220.