Washington Employers Will Need to Post Salary Information Starting January 2023

Governor Jay Inslee signed Senate Bill 5761 requiring all employers to include salary and benefits in job postings.  Starting January 1, 2023, businesses with 15 or more employees will no longer be able to wait until a job offer is made to provide this information. 

For each job posting, the employer must disclose the wage scale or salary range and a general description of all benefits and other compensation to be offered to the hired applicant.  Posting means any solicitation intended to recruit job applicants for a specific available position.  These postings include any done electronically or with a printed hard copy.  The law also applies to job ads posted through recruiters or third parties. 

If an employee is offered a transfer to a new position or promotion within their company, the employer must also provide a wage scale or salary range for the new position upon request.

Colorado was the first to make salary-range disclosures mandatory with a new law last year.  A similar disclosure law is in effect in New York City.  California and New York state currently have comparable laws going through their legislature.

The law could spell significant changes for the tech industry, where it is not uncommon for applicants to undergo several rounds of interviews before hearing about the potential compensation package.

There are potential penalties for noncompliance.  Under the law, applicants or employees can file a complaint with the Department of Labor and Industries (L&I).  They are authorized to issue civil penalties of at least $500 per offense and award actual damages, attorneys’ fees, and costs to the complaining party.

Employers in Washington should begin taking steps to ensure that their job posting methods comply with these new proactive disclosure provisions by the January 2023 effective date.

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