Subject of Possible Rule Making: Equal pay and opportunities protections and guidelines. Chapter 296-123 WAC, Equal pay and opportunities.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 49.58.090; and SSB 5408 (chapter 383, Laws of 2025) and SSB 5501 (chapter 115, Laws of 2025).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose of this rule making is to implement SSB 5408 and SSB 5501, which include the following labor standards under the Equal Pay and Opportunities Act (EPOA):

The department of labor and industries (L&I) has investigation and enforcement authority for EPOA. Both SSB 5408 and SSB 5501 authorize rule making to implement and enforce the protections provided in the respective bills and EPOA. L&I will engage in rule making to implement and enforce new EPOA requirements contained in SSB 5408 and SSB 5501, as well as revising the existing EPOA rules in chapter 296-123 WAC.

SSB 5408 and SSB 5501 took effect on July 27, 2025. While rule making is ongoing, employers are subject to enforcement for violations of the provisions of SSB 5408 and SSB 5501.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington state human rights commission.

Process for Developing New Rule: Parties interested in the formulation of these rule amendments may contact the individual listed below. The public may also participate by commenting after the rule amendments are proposed by providing written comments or giving oral testimony during the public hearing and comment process.


•	Updates to the existing wage and salary disclosure requirements.
•	Restrictions on when an employer can require a valid driver's license as a condition of employment or include a statement in a job posting that an applicant must have a valid driver's license.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Michael Davis, L&I, Fraud Prevention and Labor Standards, Employment Standards, P.O. Box 44510, Olympia, WA 98504-4510, phone 253-878-4043, fax 360-902-5300, email ESRules@Lni.wa.gov.

Additional comments: For more information on L&I rule making, visit the rule-making activity web page at https://www.lni.wa.gov/rulemaking-activity/.