Washington Bill Requiring Disclosure of Payment and Benefits Information in Job Postings Signed Into Law

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Featured Washington Bill Requiring Disclosure of Payment and Benefits Information in Job Postings Signed Into Law

Washington’s Governor Jay Inslee has recently signed Senate Bill 5761 into law which will require employers to disclose the relevant salary range as well as a description of all benefits and alternative compensation for each job posting. This new law will take effect on January 1st, 2023, and apply to all private employers of 15 or more that perform business within Washington State, as well as certain public employers. This law significantly resembles similar legislation passed in New York City and Colorado, which requires the disclosure of payment information in job postings.

Under SB 5671, the Washington Equal Pay and Opportunities Act will be amended to require employers to “disclose in each posting for each job opening the wage scale or salary range, and a general description of all of the benefits and other compensation to be offered to the hired applicant.” 

Previously employers were required to provide payment information to an applicant only upon request. Notably, current employees who are offered a new position or promotion within the company still must only be afforded the wage scale or salary range upon request. This contrasts with the similar legislation in Colorado that requires a reasonable effort to announce all promotional opportunities prior to a decision and provide compensation and benefits information.

The law applies to all private employers of 15 or more employees that create a job posting; however, it does not require an employer to create a job posting for a position. For the purposes of the law, a job posting is defined broadly as “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.”

For violations of these new requirements, the law states that an affected applicant or employee would be entitled to the remedies provided under RCW 49.58.060 and 49.58.070. This would permit an affected individual to potentially file a civil action as well as seek relief from the Director of the state’s Department of Labor and Industries.

Employer Takeaways

Starting on January 23rd, 2023, employers of 15 or more employees performing any business within Washington State will be required to include pay and benefits information with each job posting. Learn More

This means that for affected employers, it is time to begin reviewing their policies and prepare to create a relevant wage scale and salary range for positions that are regularly hired for.

Knowledge is power, and learning is the first step. If you’re interested in more information on fair chance hiring, check out our resource, Adverse Action Notice Protocols in Compliance With FCRA

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