Washington’s New Salary Disclosure Law: How Employers Can Plan to Comply

As the Department of Labor and Industries continues its ruling-making process with respect to Washington's new salary disclosure law, it shared a draft administrative policy and asked for public comment. While the draft policy has not yet been adopted as formal rules and may still change, employers can use the draft to begin to consider compliance. Key details include:

• When posting for a position that has a different starting range for an initial timeframe or probationary period, the employer should include both the starting range and the post-training pay range for the position in the posting. 
• When posting for a position that could potentially be filled with varying job titles, the employer should include all positions that could potentially be hired to fill the position, with the corresponding salary ranges for each position. 
• When posting for positions that are paid on commission, employers should include the rate that would be offered to the applicant (e.g., 5-8% of net sales).
• Employers must include a general description of all benefits in job postings, but need not include a dollar amount of the benefits. Employers can satisfy this requirement by including a link or hyperlink in the posting to a detailed benefit summary or description. 
• These job posting requirements only apply when the posting includes qualifications for desired applicants of a specific position. They do not apply to basic "HELP WANTED" signs.

While this guidance is still in draft form, it is helpful for companies to review it to better plan for changes they will need to make to all job postings beginning January 1, 2023. The Department also welcomes feedback and questions on the administrative policy, but asks that any feedback be provided by August 12, 2022. Feedback can be provided on the Department's webpage, by emailing the Department at ESRules@Lni.wa.gov, or by attending a virtual feedback session which will be held on July 25, 2022, from 1:00 p.m. to 3:00 p.m. (details here).           

For guidance on how to bring your hiring into compliance with Washington's salary disclosure law so you can focus on attracting the talent that your business needs, contact a member of DWT's employment group.