UPDATE: Washington Amends Wage Transparency Law, Offering Five-Day Window To Correct Job Postings

On Tuesday, May 20, Washington Gov. Robert Ferguson signed an important amendment to the Equal Pay Act that grants employers at least temporary reprieve from liability for a job posting that fails to comply with the act's wage transparency requirements. As we previously reported in the original post below, the amendment allows employers a five-day correction window upon notification that a job posting is noncompliant to correct any deficiency before penalties can be imposed. These notice and cure provisions will remain in place at least through July 27, 2027.

The amendment also clarifies that an employer may post a fixed wage amount in lieu of a pay range where an employer is offering a fixed amount for the job. Employers will also not be liable for unauthorized third-party job postings where the employer has contacted the third party and demanded that the posting be corrected or removed.

The amendment will take effect at the end of July. Although the amendment does not have retroactive effect, it still comes as welcome news for all Washington employers, many of which have faced a litany of wage transparency class actions filed on behalf of applicants who apply to a job posting that did not include a pay range.

Key Takeaways

1. A correction period of five days will give employers an opportunity to correct a deficient job posting before penalties may be imposed.
2. Where a single rate of pay is offered rather than a range, publishing that rate will be sufficient for wage transparency purposes.
3. Statutory damages will be discretionary, ranging from $100-$5,000, rather than a flat $5,000 penalty per violation.
4. Employers may avoid liability for unauthorized job postings published by third parties.
5. The amendment will go into effect on July 27, 2025, and does not have retroactive effect.
6. Because the amendment is not retroactive, there are still questions about how this affects employers currently facing lawsuits and whether there might be any relief from those already-filed claims.

For more information on Washington's pay transparency law, please contact a Davis Wright Tremaine employment attorney.

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More About the Equal Pay Act Amendment

Posted April 16, 2025

Washington's Legislature finally took steps to help employers and mitigate against the unanticipated and harsh effects of Washington's job posting requirements that went into effect in January 2023. Late Tuesday night, the House passed an important amendment to the Equal Pay Act that will give employers prospective relief from the litany of wage transparency class actions that continue to be filed on behalf of applicants who apply to a job posting that does not include a pay range.

Penalties Under the Equal Pay Act

As it stands, the Equal Pay Act requires employers with more than 15 employees to include pay ranges in all job postings or be subject to steep damages for not doing so. Under the current law, employees may bring a civil action against an employer for not including the pay range in the job posting for actual damages; statutory damages equal to the actual damages or $5,000, whichever is greater; interest of 1% per month on all compensation owed; and costs and reasonable attorneys' fees. The court may also order reinstatement and injunctive relief.

Amendment Includes Cure Period and Other Updates

The new amendment, which is still pending Senate approval and the governor's signature, will allow employers an opportunity to cure any deficient job posting before any damages can be imposed. Under the House amendment, Employers will now have five days from the time they are notified of a deficient job posting to fix the posting, and if they do so, neither the Department of Labor and Industries nor the courts will assess any penalties, damages, or other relief. The Senate previously passed an amendment that would allow for a fourteen-day cure period and sent the amendment to the House for a vote. The House then made changes to the amendment before it was passed, including shrinking the cure period to five days. This means, the amendment must again be approved by the Senate before it goes to the governor for signature. If agreed by the Senate and signed by the governor, this five-day opportunity to cure will only be available until July 27, 2027, and it is not retroactive.

The amendment also specifically excludes claims relating to job postings that were digitally replicated and published without the employer's consent. This is also a positive development for employers as many are currently facing lawsuits where the plaintiffs are claiming damages for deficient job posting that were posted by third parties without the consent of the employer.