Ryan Swanson & Cleveland, PLLC
401 Union Street, Suite 1500
Seattle, WA 98101-2668
206.464.4224
Ryan Swanson & Cleveland, PLLC
401 Union Street, Suite 1500
Seattle, WA 98101-2668
206.464.4224

Ryan Swanson & Cleveland, PLLC
401 Union Street, Suite 1500
Seattle, WA 98101-2668
206.464.4224

News & Articles

PERM Labor Certification Applications May be Impacted by Washington’s New Equal Pay Opportunities Act

Published on November 30, 2022

Starting January 1, 2023, employers doing business in the State of Washington with at least 15 employees will be required to include the following information in each job posting:

(1) the wage scale or salary range;

(2) a general description of the benefits for that position; and

(3) a general description of other compensation to be offered to the hired applicant.

Specifically, Washington employers must post the salary (or hourly rate) as well as any additional compensation, such as commissions, and non-discretionary bonuses, for the offered position. If a salary range is used, it must be clear without open-ended ranges, and provide applicants with the employer’s most reasonable and genuinely expected range of compensation for the position. Employers must also provide a description of the offered benefits and other compensation, which includes, but is not limited to, health care benefits, retirement benefits, benefits permitting paid days off (including paid sick leave accruals, parental leave, and paid time off or vacation benefits), discretionary bonuses, and stock options. This law will apply to both public and private employers, as well as out-of-state employers and out-of-state job postings, if the job could be filled by an employee working in Washington.

The new Equal Pay Opportunities Act may impact the job postings used by employers sponsoring foreign workers through the PERM Labor Certification Application process. For many foreign workers, the PERM Labor Certification Application process is the first step in the employer-sponsored green card process. As part of the PERM process, the sponsoring employer must conduct a labor market test to demonstrate to the Department of Labor (DOL) that there are no U.S. workers that are able, willing, qualified, and available to accept the job offered to the foreign worker. Although the federal regulations governing the PERM process do not require the salary, benefits, or other compensation information to be disclosed in all of the advertisements used by the employer for purposes of the PERM labor market test, local laws such as Washington’s Equal Pay Opportunities Act may require employers to include more information than what is required under federal regulations. Additional guidance is expected to be published by Washington State Department of Labor and Industries (L&I) soon.

The Immigration team at Ryan Swanson is here to help! Please reach out if you have questions or would like assistance navigating the requirements of the Act for your job postings. We have the added benefit of a robust Employment Rights, Benefits & Labor practice group that we team with on a regular basis to help Washington employers manage their workforce. We are happy to chat with you to discuss your legal needs at no charge to help you understand these changes. Click here to email us or feel free to contact any member of our team directly.

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