5408-S AMH LAWS H2092.1
SSB 5408 - H COMM AMD
By Committee on Labor & Workplace Standards
NOT ADOPTED 04/15/2025
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 49.58.110 and 2022 c 242 s 1 are each amended to read as follows:
(1) The employer must disclose in each posting for each job opening the wage amount or scale or salary range, and a general description of all of the benefits and other compensation to be offered to the hired applicant. If an employer uses a third party platform or service for the posting and provides the information required by this subsection to the platform or service, then the platform or service is responsible for providing the disclosure required by this subsection, unless the employer directs and controls the publication of the contents of the posting through a registered account with the platform or service. For the purposes of this section, "posting" means any solicitation intended to recruit job applicants for a specific available position, including recruitment done directly by an employer or indirectly through a third party, and includes any postings done electronically, or with a printed hard copy, that includes qualifications for desired applicants. "Posting" does not include a solicitation for recruiting job applicants that is digitally replicated and published without an employer's consent.
(2) Upon request of an employee offered an internal transfer to a new position or promotion, the employer must provide the wage amount or scale or salary range for the employee's new position.
(3) This section only applies to: (a) Employers with 15 or more employees; and (b) any third party platform or service responsible for a posting for an employer with 15 or more employees as provided in subsection (1) of this section.
(4) ((A job applicant or an employee 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.))
(a) The department shall investigate if a job applicant or employee files a complaint with the department alleging a violation of this section or if the department has reason to believe that an employer or third party platform or service has committed a violation of this section. If the director determines that a violation occurred, the director shall attempt to resolve the violation by conference and conciliation. If no agreement is reached to resolve the violation, the director may issue a citation and notice of assessment and order the employer or third party platform or service to pay each affected job applicant or employee statutory damages of no less than $100 and no more than $5,000 per violation. In determining the amount of statutory damages, the department shall consider the following: Whether the violation was committed willfully or the violation is a repeat violation; the size of the employer or third party platform or service; the amount necessary to deter future noncompliance; the purposes of this chapter; and any other factor deemed appropriate by the department. In addition to statutory damages, the director may:
(i) Order payment of the department's costs of investigation and enforcement to the department;
(ii) Assess a civil penalty of up to $500 for a first violation or up to $1,000 for a repeat violation; and
(iii) Order actual damages, reinstatement, injunctive relief, or other appropriate relief for an employee injured by a violation of subsection (2) of this section.
(b) An appeal from the director's determination may be made in accordance with chapter 34.05 RCW. An employee or job applicant who prevails is entitled to costs and reasonable attorneys' fees.
(c) The department shall deposit civil penalties paid under this section in the supplemental pension fund established under RCW 51.44.033.
(5)(a) A job applicant or employee may bring a civil action against an employer or third party platform or service for a violation of this section. A prevailing job applicant or employee is entitled to statutory damages of no less than $100 and no more than $5,000 per violation, plus reasonable attorneys' fees and costs. In determining the amount of statutory damages, the court shall consider the following: Whether the violation was committed willfully or the violation is a repeat violation; the size of the employer or third party platform or service; the amount necessary to deter future noncompliance; the purposes of this chapter; and any other factor deemed appropriate by the court. The court may also order actual damages, reinstatement, injunctive relief, and other appropriate remedies for an employee injured by a violation of subsection (2) of this section.
(b) The job applicant or employee shall bring a civil action within three years of the date of the alleged violation of this section regardless of whether the job applicant or employee pursued an administrative complaint. Filing a civil action under this subsection terminates the director's processing of the complaint under subsection (4) of this section. A job applicant or employee may be awarded damages by the department under subsection (4) of this section or the court under subsection (5) of this section, but not both.
(6) The administrative remedies and private right of action under this section constitute the exclusive remedies for violations of this section. The remedies under RCW 49.58.060 and 49.58.070 are not available for violations of this section.
(7) The department may adopt rules for purposes of implementing and enforcing this section."
Correct the title.
EFFECT: • Specifies that an employer may provide a "wage amount," in addition to "wage scale or salary range" as provided in current law, to be in compliance with the disclosure requirements. Specifies that a "posting" does not include a solicitation for recruiting job applicants that is digitally replicated and published without an employer's consent. Provides that, if an employer uses a third-party platform or service for the posting and provides the required wage or salary information to the platform or service, then the platform or service is responsible for providing the disclosure, unless the employer directs and controls the publication of the contents of the posting through a registered account with the platform or service.
• Removes from the underlying bill the provisions requiring written notice and a 14-day opportunity to correct a violation.
• Excludes the wage and salary disclosure requirements from the general administrative enforcement and civil action provisions in the Equal Pay and Opportunities Act (EPOA). Instead, establishes separate administrative enforcement and civil action provisions for the wage and salary disclosure requirements, which differ from the general provisions in the following ways: (1) Allows for enforcement and actions against a third-party platform or service; (2) requires the Department of Labor and Industries (L&I) to investigate if it has reason to believe that an employer or third-party platform or service has committed a violation, rather than authorizing L&I to conduct such an investigation; (3) specifies that the statutory damages may be no less than $100 and no more than $5,000 per violation, rather than specifying $5,000 for each violation; (4) directs L&I or the court to consider certain factors when determining statutory damages; (5) limits the authority to grant actual damages, reinstatement, injunctive relief, or other appropriate relief to when an employer fails to provide an employee with wage or salary information with an internal job offer or promotion; (6) allows a job applicant or employee to be awarded damages by L&I or the court, but not both; and (7) specifies that the administrative remedies and private right of action in the amendment constitute the exclusive remedies for violations. Allows L&I to adopt rules for purposes of implementing and enforcing the disclosure requirements.
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