Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS
Labor & Workplace Standards Committee
SSB 5408
Brief Description: Allowing for corrections to wage and salary disclosures.
Sponsors: Senate Committee on Labor & Commerce (originally sponsored by Senator King).
Brief Summary of Substitute Bill
  • Requires an employer to be given written notice of an alleged violation of wage and salary disclosure requirements in a job posting before a job applicant may seek administrative remedies or file a private civil action. 
  • Provides that an employer may not be subject to penalties or other damages if the employer corrects a job posting within 14 calendar days of receiving the written notice.  
Hearing Date: 3/25/25
Staff: Kelly Leonard (786-7147).
Background:

An employer with 15 or more employees must disclose the wage scale or salary range with a general description of any relevant benefits in any job posting.  A "job 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.  It also includes any electronic or hardcopy postings with qualifications for desired applicants.

 

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.

 

If an employer violates these disclosure requirements, a person may pursue administrative remedies or a private civil action for damages under the Equal Pay and Opportunities Act (EPOA).  For administrative complaints under the EPOA, the Department of Labor and Industries (L&I) must attempt to resolve any violation by conference and conciliation.  If no agreement can be reached, L&I may issue a citation and notice of assessment and order the employer to pay:

  • actual damages to the complainant;
  • statutory damages equal to the actual damages or $5,000, whichever is greater, to the complainant;
  • interest of one percent per month on all compensation owed to the complainant
  • the costs of investigation and enforcement; and
  • a civil penalty, which may not exceed $500 for the first violation, or the greater of $1,000 or 10 percent of the damages for a repeat violation.

 

If a person pursues and prevails in a private civil action, the court may award any of the following:  actual damages; statutory damages equal to the actual damages or $5,000, whichever is greater; and interest of one percent per month on all compensation owed.  The court may also order reinstatement and injunctive relief.  A civil action must be brought within three years of the date of the alleged violation regardless of whether the person pursued an administrative complaint.
Summary of Bill:

Any individual may provide written notice to an employer alleging that the employer's job posting does not comply with the wage and salary disclosure requirements.  An employer must receive written notice before a job applicant may seek administrative remedies or a private civil action.  Once the employer receives written notice from any individual as to a particular job posting, this constitutes adequate notice for the duration of that job posting for any job applicant seeking administrative or legal remedies.  

 

If the employer corrects the posting within 14 calendar days of receiving the written notice, and where applicable, contacts the third-party job posting entity with a demand to correct the insufficient job posting, then neither L&I nor the court may assess penalties, damages, or other relief against the employer.  
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.