SENATE BILL REPORT
SB 5408
As of January 26, 2025
Title: An act relating to allowing for corrections to wage and salary disclosures.
Brief Description: Allowing for corrections to wage and salary disclosures.
Sponsors: Senator King.
Brief History:
Committee Activity: Labor & Commerce: 1/28/25.
Brief Summary of Bill
  • Requires Labor and Industries or a job applicant to provide written notice to an employer that the employer's job opening posting does not comply with the requirement to disclose the wage scale or salary range. 
  • Provides that if the employer corrects their posting within ten business days of the written notice, no penalties, damages, or other relief may be assessed to the employer.
SENATE COMMITTEE ON LABOR & COMMERCE
Staff: Susan Jones (786-7404)
Background:

An employer, with 15 or more employees, must disclose in each job opening posting the wage scale or salary range, and a general description of all of the benefits and other compensation. 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.

 

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.

 

A job applicant or an employee is entitled to the specified remedies in the Washington Equal Pay and Opportunities Act for disclosure violations.  

 

The Department of Labor and Industries (L&I) investigates complaints, and must attempt to resolve the violation by conference and conciliation. If no agreement is reached, L&I may issue a citation and notice of assessment and order the employer to pay:

  • to the complainant 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;
  • L&I’s costs of investigation and enforcement;
  • any other appropriate relief; and
  • a civil penalty to L&I to be deposited in the supplemental pension fund of up to $500 for the first violation, and up to $1,000 for repeat violations, or ten percent of the damages.

 

A civil action may be brought against an employer for a violation for the remedies described above and the court may also order reinstatement and injunctive relief.  Filing a civil action terminates L&I’s processing of the complaint.
Summary of Bill:

L&I or a job applicant must provide written notice to an employer that the employer's job opening posting does not comply with the requirement that the employer disclose the wage scale or salary range, and a description of other benefits and compensation. If the employer corrects their posting within ten business days of the written notice, no penalties, damages, or other relief may be assessed to the employer.
Appropriation: None.
Fiscal Note: Requested on January 25, 2025
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.