Published October 26, 2023
Equal Pay and Opportunities Act Job Posting Requirements Went into Effect on January 1, 2023
The Washington Equal Pay and Opportunities Act mandates that Washington employers with 15 or more employees include the following in their job postings:
- A wage scale or salary range,
- A general description of all benefits for that position, and
- A general description of all other compensation to be offered to the hired applicant.
We’ve seen a significant increase in lawsuits against businesses that fail to meet the Act’s requirements. Employers should be aware of the following:
- Class action lawsuits against employers for failure to comply with job posting requirements are on the rise.
- The penalties for failing to meet the Act’s requirements are assessed at $5,000.00 per violation.
- Defense of these class actions is costly and time-consuming.
- Firms representing employees are driving this surge in lawsuits by actively seeking class action plaintiffs and by promoting their litigation capabilities for these violations.
- There is an increase in filings of other employment-based class actions, including but not limited to claims based on violations of other aspects of the recent amendments to the Equal Pay and Opportunities Act.
Employers are strongly advised to review their compliance with the Act. Review the requirements and additional information from our previous posting here, including:
- To whom does the new law apply? (“Applicability”)
- What are the job posting requirements? (“Job Posting Requirements”)
- What constitutes a ‘job posting?’
- How does this apply to out-of-state employers or multi-state job postings?
- Which other states have similar laws or requirements? (“Other States with Similar Laws or Requirements”)
- What are the consequences of non-compliance?
If you have any questions, please contact any member of Ryan Swanson’s Employment Rights, Benefits & Labor group.