Washington's Pay Transparency Law: Your Right to Know About Salary Ranges

Whether you are actively looking for a new job or casually keeping an eye on what is out there, you have probably noticed that many postings include pay ranges. This isn’t because employers decided salary information would be good for job seekers to have. Instead, Washington’s pay transparency law requires it.

The law, which took effect in 2023, requires most employers across the state to include basic pay and benefits information in job postings. It is designed to give workers real leverage in salary negotiations and actual remedies when employers do not comply.

At Justice Law Corporation, our Washington wage and hour attorneys help working people understand and enforce their rights at work. We are seasoned attorneys who have dedicated our careers to assisting people who have been ripped off or shortchanged by their employers. We are proud of our strong track record of success in these cases.

The pay transparency law is an important tool for employees and job seekers. It is meant to help close pay gaps lurking behind “salary negotiable” job postings and eliminate secrecy among coworkers about what people are making.

Here is what you need to know:

The Pay Transparency Law

Washington’s Equal Pay and Opportunities Act lays out the salary range requirements. This law covers all employers with at least 15 total employees and at least one Washington-based employee.

Covered employers must include the following information in every job posting:

The wage scale or salary range for the position
A general description of benefits offered
Any other compensation offered (bonuses, commissions, stock, etc.)

These requirements apply to postings made directly by employers, as well as those listed through outside recruiters or on general job boards. It also includes internal job postings. If you are up for an internal transfer or promotion, you are entitled to request the wage scale or salary range for the new position.

The employer’s headquarters location does not matter for transparency requirements. The law covers remote jobs if Washington residents could reasonably apply.

Real Ranges Required

Employers cannot simply toss around vague salary ranges. What is enough? It depends, but here are some situations likely to violate the law:

Open-ended ranges: “starting at $65,000” without a maximum ceiling or “up to $80,000” without a floor.
Unrealistically wide ranges: a scale that is so wide it cannot reasonably reflect the “genuinely expected” pay for the role.
Fixed-wage roles: “Fixed” or “non-negotiable” pay rates are acceptable, but the employer must specify the rate.

Generally, a job posting that is missing a pay range entirely, is vague, or includes a pay range that does not reflect real compensation practices does not comply with the state’s wage transparency requirements.

What You Can Do If Your Employer Breaks the Law

Wage transparency and other legal obligations for employers are not worth much if they cannot be enforced. The Washington law gives employees and job seekers across the state the ability to enforce its requirements.

An employee or applicant can bring a private lawsuit against an employer, alleging that the company violated the transparency law. The remedies available include:

Penalties of up to $5,000 per violation
Money damages related to the impact of the violation
Interest
Attorneys fees

Courts consider several factors to determine the money damages caused by the violation, such as the employer’s size, the specifics of the infraction, and whether it was willful.

The law also gives employers a brief window to address violations before they can be held liable. Specifically, employers who are notified in writing that their job postings do not comply with the law have five business days to fix the problem before they can be penalized.

Your Separate Right to Talk About Pay on the Job

In addition to wage transparency, working people across Washington also have the right to discuss pay on the job.

State and federal laws ban employers from retaliating against workers for discussing pay and other terms and conditions of their jobs. This is vital to ensuring workers are paid fully and fairly for all their time on the job.

The anti-retaliation protections are established in separate laws, which include different penalties for violations. Often, however, employers that cut corners on transparency in job postings also violate other employment requirements.

Next Steps

The transparency law gives people broad enforcement rights: Anyone who encounters a job posting that does not comply with the transparency requirements can pursue legal action. That is regardless of whether you were actively looking to apply.

You can take several steps if you spot a posting that doesn’t include compensation information.

First, save the evidence. Take a screenshot of the posting, note the URL, and record the date that you viewed it. Employers often quickly edit, hide, or scrap postings once they realize they are not in compliance.

It is also worth checking the employer’s size. The Washington law applies to all employers with 15 or more employees anywhere, including at least one worker based in Washington. Company websites and LinkedIn are often good references.

Finally, consult an employment attorney. A seasoned wage and hour lawyer can help you determine whether the job posting violates the law. An attorney can also help you consider your rights and options under a wide range of employment laws related to hiring, promotion, pay, and other workplace terms and conditions.

Our Washington Wage and Hour Attorneys Can Help

If you believe that your employer is violating your rights on the job, whether it is by ignoring transparency requirements, underpaying you, or violating other terms and conditions, you do not need to go it alone. A Washington wage and hour attorney at Justice Law Corporation can help you evaluate your claim, understand your rights and options, and take action to fight back.