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 (EPOA) for disclosure violations.  

The Department of Labor and Industries (L&I) must investigate 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.

Disclosure of Wage and Salary Information.  An employer must disclose a fixed wage amount rather than a scale or range if the employer is offering only a fixed wage amount for a job opening.  The definition of "posting" is modified by excluding a solicitation for recruiting job applicants that is digitally replicated and published without an employer's consent.

Opportunity to Correct Noncompliant Postings.  For any postings from the effective date of the bill through July 27, 2027, an employer must be afforded an opportunity to correct a violation before a job applicant may seek administrative remedies or file a private right of action.  Any person may provide written notice to an employer alleging that the employer's posting is not in compliance with the disclosure requirements.  If an employer receives notice from any person as to a particular posting, this constitutes adequate notice for the duration of that posting for any job applicant seeking remedies.

If the employer corrects the posting within five business days of receiving the written notice and, where applicable, contacts any applicable third-party posting entity with a demand to correct the posting, then neither L&I nor the court may assess or award penalties, damages, or other relief for the violation.  The provisions regarding opportunities to correct violations do not apply after July 27, 2027.

Enforcement.  The disclosure requirements are not enforceable through the general provisions in the EPOA.  Instead, a separate administrative enforcement mechanism and private right of action are established. 

For administrative enforcement, L&I must investigate if a job applicant or employee files a complaint alleging a violation.  If L&I determines that a violation occurred, L&I must attempt to resolve the violation by conference and conciliation.  If no agreement is reached to resolve the violation, L&I may issue a citation and notice of assessment and may order the employer 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 any applicable statutory damages, L&I must consider the following:  whether the violation was committed willfully or the violation is a repeat violation; the size of the employer; the amount necessary to deter future noncompliance; the purposes of the EPOA; and any other factor deemed appropriate by L&I.

In addition to statutory damages, L&I may: 

• order payment of L&I's costs of investigation and enforcement;
• assess a civil penalty of up to $500 for a first violation or up to $1,000 for a repeat violation; and
• order actual damages, reinstatement, injunctive relief, or other appropriate relief when an employer fails to provide an employee with wage or salary information with an internal job offer or promotion. 

If a job applicant or employee pursues and prevails in a private civil action, the individual 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 statutory damages, the court must consider the same factors as those provided to L&I.  The court may also order actual damages, reinstatement, injunctive relief, and other appropriate remedies when an employer fails to provide an employee with wage or salary information with an internal job offer or promotion. 

The job applicant or employee must bring a civil action within three years of the date of the alleged violation regardless of whether the job applicant or employee pursued an administrative complaint.  Filing a civil action terminates L&I's processing of an administrative complaint.  A job applicant or employee may be awarded damages by L&I or the court, but not both.  The administrative remedies and civil action are the exclusive remedies for a violation of the disclosure remedies.

L&I may adopt rules for purposes of implementing and enforcing the disclosure requirements.