FEATURED STORY June 13, 2022

Washington to Require Salary Ranges in Job Postings Starting 2023

You've Reached Your
Free Article Limit This Month
Subscribe now to get unlimited access to all OnPractice content. Your subscription is free.
Subscribe Now

Effective January 1, 2023, Washington employers with at least 15 employees must affirmatively disclose the wage scale or salary range and a general description of all benefits and other compensation being offered when posting job openings, regardless of whether such information is requested by the applicant.

Washington joins the growing number of states requiring employers to include salary ranges and benefits offerings on job postings.

The new law, signed March 30, 2022, revises a 2019 amendment to the Washington Equal Pay and Opportunities Act (EPOA). The 2019 amendment required employers to disclose wage scale and salary ranges if an applicant for employment requested it. Under the new law, an applicant's request is no longer required.

Significantly, the new law does not change the 2019 amendment regarding current employees being transferred or promoted. In those cases, employers only must provide the required compensation information when requested by the current employee.

The legislature also removed the portion of the 2019 amendment stating that, if there is no wage scale or salary range, employers are required only to give the minimum wage or salary expectation before posting the position or making the internal transfer or promotion.

Covered Job Postings

The new law does not require employers to create job postings. It imposes the posting obligations on those employers choose to create.

The law defines posting as "any solicitation intended to recruit job applicants for a specific available position … that includes qualifications for desired applicants," whether by the employer or through a third party and whether electronic or hard copy. Based on this definition, a general "help wanted" sign will not trigger posting requirements. It is unclear whether employers will be held liable for noncompliance by third-party job posting boards and unrelated third-party internet search engines.

The law does not define "new positions" or "promotions" that will trigger the posting obligations. If Washington follows an aggressive approach (such as Colorado's), a "new position" could be created by simply changing an employee's title. Thus, employers considering reorganizations or restructuring may consider implementing these changes prior to January 1 to avoid uncertainties.


The new law requires general descriptions of (1) benefits such as health insurance, paid days off, retirement benefits and (2) all compensation such as bonus structure, and commissions.

Dollar or specific plan amounts or small "perks" such as bagels and coffee on Fridays likely are not required. Employers should inventory all compensation plans and offerings and avoid using shortcuts such as "bonuses, etc." or "insurance, and more."


Violations of the new law may result in the same remedies as any other violation of the EPOA. Employees have the right to bring an administrative action or lawsuit for a variety of actual and statutory damages, including fees and costs.


Jackson Lewis attorneys are available to assist employers with this and other workplace requirements.

©2022 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Focused on labor and employment law since 1958, Jackson Lewis P.C.'s 950+ attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business. We help employers develop proactive strategies, strong policies and business-oriented solutions to cultivate high-functioning workforces that are engaged, stable and diverse, and share our clients' goals to emphasize inclusivity and respect for the contribution of every employee. For more information, visit

ALM expressly disclaims any express or implied warranty regarding the OnPractice Content, including any implied warranty that the OnPractice Content is accurate, has been corrected or is otherwise free from errors.

More From Jackson Lewis P.C.

U.S. Supreme Court Deals Blow to California's Private Attorneys General Act

By Mia Farber Jackson Lewis P.C. June 15 , 2022

Bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of California Private Attorneys General Act (PAGA) claims on an individual basis only, the U.S. Supreme Court has held. Viking River Cruises, Inc. v. Moriana, No. 20-1573 (June 15, 2022).

Top Five Labor Law Developments for May 2022

By Jonathan J. Spitz Jackson Lewis P.C. June 15 , 2022

The National Labor Relations Board (NLRB) General Counsel’s office issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA). Continuing its aggressive approach to expanding legal protections for workers and labor unions, the General Counsel’s office of the NLRB issued Memorandum OM 22-09, reiterating NLRB policy on workers’ rights to access the NLRB collective bargaining and remedial procedures regardless of immigration status, without fear of reprisals from their employers or the federal government.

Group Health Plan Considerations in the Face of (Potentially) Changing Abortion Laws

By Joy M. Napier-Joyce Jackson Lewis P.C. June 14 , 2022

On May 2, 2022, a draft opinion from the U.S. Supreme Court case Dobbs v. Jackson Women’s Health was leaked to the press, and as a result the Court is expected to overturn Roe v. Wade and Planned Parenthood v. Casey, effectively leaving the issue of abortion rights to the states. Thirteen states currently have laws in place that will automatically ban at least some forms of abortion in their state if Roe v. Wade is overturned, and it is expected that thirteen or more additional states will quickly follow suit.

More From Labor Law

Workplace Safety Review: Episode 26 | Interview with Rod Harvey

By Michael T. Taylor Greenberg Traurig June 22 , 2022

In this episode, Mike Taylor and Adam Roseman talk to Rod Harvey, Director of Industrial Hygiene and Field Services for RHP Risk Management Inc.

In Viking River Cruises, US Supreme Court Sides With Employers: Individual PAGA Claims Are Arbitrable - For Now

By Timothy Long Greenberg Traurig June 17 , 2022

In a victory for California employers, the U.S. Supreme Court held in Viking River Cruises, Inc. v. Moriana that the Federal Arbitration Act (FAA) requires enforcement of arbitration agreements that waive an employee’s right to bring a Private Attorneys General Act (PAGA) claim on a representative basis – requiring such claims be brought on an individual basis in arbitration. The Court further held that “PAGA provides no mechanism to enable a court to adjudicate non-individual PAGA claims once an individual claim has been committed to a separate [individual arbitration] proceeding.”

GT's The Performance Review Episode 16: Fit Fam: Lifting the Weight of California Privacy Laws (Part 2)

By Philip I. Person Greenberg Traurig June 15 , 2022

Join Philip Person and Ryan Bykerk as they discuss employee privacy with Lauren Green, internal counsel at global boutique fitness brand Barry’s Bootcamp.

Featured Stories