As a reminder for all employers in Washington with 15 or more employees in, the Washington State Supreme Court ruled, on September 4, 2025, in Branson v. Washington Fine Wine & Spirits, that job applicants can sue for violations of the state’s pay transparency law without proving they applied in good faith or were “bona fide” applicants.

The court held that submitting a formal application is sufficient to qualify for legal remedies.

In this case, two individuals sued Total Wine & More for failing to include salary information in job postings.

• The company argued that only genuine applicants should be protected under the law.

• The plaintiffs countered that the law applies to anyone who applies, regardless of intent.

Ruling: The court sided with the plaintiffs in a 6–3 decision, emphasizing the plain language of the statute and the legislature’s goal of promoting transparency and equity.

• The dissent warned that this interpretation could expose employers to excessive liability from applicants who never intended to take the job.

Additional Information:

Washington’s pay transparency law requires employers with 15 or more employees to include wage scale, salary range, and benefits in all job postings.

Employers should review their postings for compliance and consider adding a contact email for applicants to report issues; a recent amendment allows employers five business days to fix noncompliant postings after receiving notice.

For additional information: Washington Supreme Court – Branson v. Washington Fine Wine & Spirits, LLC (Majority and Dissent) – September 4, 2025

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