The short version
- Who is covered: employers with 15 or more employees, counting workers outside Washington if the employer has at least one Washington-based employee. Postings for remote work that a Washington employee could perform are included, even if the posting says Washington applicants will not be considered.
- What every posting needs: the wage scale or salary range (or the fixed wage, if only one is offered) and a general description of all the benefits and other compensation.
- No open-ended ranges. L&I says "up to $29.00/hour" or "$60,000/per year and up" do not comply; a posting needs a clear minimum and maximum.
- Penalties since July 27, 2025: statutory damages of $100 to $5,000 per violation plus attorneys' fees, through L&I or a lawsuit but not both, and L&I civil penalties of up to $500 for a first violation and $1,000 for a repeat.
- The cure window: for postings from July 27, 2025 through July 27, 2027, an employer that corrects a posting within five business days of written notice owes no penalties or damages.
- Applicants do not need to prove good faith. In Branson v. Washington Fine Wine & Spirits (2025), the Washington Supreme Court held a plaintiff must apply to a specific posting but need not prove they were a "bona fide" applicant.
What a compliant posting includes
| Element | Requirement | L&I guidance |
|---|---|---|
| Pay | The wage scale or salary range; or the fixed wage if only one amount is offered | Clear minimum and maximum; the "most reasonable and genuinely expected range" set before posting; a starting range may be shown only alongside the full range |
| Benefits | A general description of all benefits | Health care, retirement, paid time off (for example, "8 hours per month"), sick leave beyond the legal minimum, parental leave, number of paid holidays |
| Other compensation | A general description of all other compensation | Bonuses, commissions, profit-sharing, stock options |
| Links | Electronic postings may link to more detail | The general description must still appear in the posting |
What counts as a posting
RCW 49.58.110 defines a posting as any solicitation intended to recruit job applicants for a specific available position, whether done directly or through a third party, electronic or printed, that includes qualifications for desired applicants. That includes:
- Your careers page and job boards
- Postings by recruiters and staffing agencies on your behalf
- Printed flyers and social media posts that recruit for a specific opening
It does not include a posting that a third party digitally copies and republishes without your consent.
Employees offered an internal transfer or promotion can also ask for the wage scale or salary range, and the employer must provide it.
Penalties and the cure period
| Before July 27, 2025 | Since July 27, 2025 | |
|---|---|---|
| Damages | The greater of actual damages or $5,000 | $100 to $5,000 per violation, set by the court or L&I |
| Factors for the amount | Not applicable | Willfulness or repeat violation, size of the employer, the amount needed to deter, the purposes of the law, and other factors |
| L&I civil penalties | Up to $500 for a first violation, $1,000 for a repeat | |
| Choice of forum | L&I or court, not both | |
| Cure | None | For postings July 27, 2025 through July 27, 2027: correct within five business days of written notice, and contact any third-party posting entity to correct it, and no penalties or damages apply |
| Lawsuit deadline | Three years |
Anyone can send the written notice, and one notice covers the posting for every applicant for as long as it runs. The cure option ends after July 27, 2027.
Why lawsuits followed
After the posting requirement took effect in 2023, plaintiffs filed lawsuits, many as proposed class actions, against employers whose postings lacked ranges, seeking the statutory damages then available for each applicant. The 2025 amendments lowered the floor to $100, added the cure period, and let L&I or courts weigh the size of the employer. The Washington Supreme Court's 2025 Branson decision confirmed that an applicant does not have to prove they genuinely wanted the job, only that they applied to a specific posting. For employers, that means a noncompliant posting can still draw claims from anyone who applies.
Complaints are still coming in: Washington L&I received more than 200 Equal Pay and Opportunities Act complaints in fiscal 2025. See the data.
Does insurance cover pay transparency claims?
| Coverage | Likely response |
|---|---|
| EPLI | Often excluded as a wage and hour or wage-related claim, or limited to a defense sublimit; some insurers treat it as a statutory penalty claim that is not covered |
| EPLI wage and hour defense sublimit | May pay defense costs, not the statutory damages |
| Retaliation claims | If an employee is retaliated against for asking about pay, EPLI usually covers the retaliation claim |
Read your EPLI policy's wage and hour exclusion and ask how it treats Equal Pay and Opportunities Act claims. More on the gap in the wage and hour gap.
A compliance checklist
- Audit every live posting, including recruiter, staffing agency, and job board postings.
- Publish a real minimum and maximum, not "up to" or "starting at" alone.
- List benefits specifically: insurance types, retirement plan, PTO amount, holidays, and other compensation.
- Include remote postings a Washington worker could fill.
- Set up a way to receive and act on written notices within five business days, and keep records of each correction.
- Train hiring managers to give the range when an employee asks about a transfer or promotion.