| Update Applicable to: | Effective Date |
| Employers With 15 or More Employees in Washington | July 27, 2025 |
What happened?
On May 20, 2025, Washington Governor Bob Ferguson signed Senate Bill (SB) 5408 into law, introducing key updates to the Equal Pay and Opportunities Act (EPOA). Effective July 27, the law gives employers more flexibility by allowing fixed pay disclosures, offering a temporary grace period to correct noncompliant job postings, and capping potential damages for violations.
Overview:
Washington SB 5408 Provides:
1. Required Pay Disclosures in Job Postings
- Employers with 15+ employees must include:
- A salary range or fixed wage (if only one amount is offered).
- A general description of benefits and other compensation.
- Applies to all job postings, including those made through third parties.
2. Temporary Grace Period for Corrections (Until July 27, 2027)
- Employers have 5 business days to fix noncompliant postings after receiving written notice.
- If corrected in time, no penalties or damages will apply.
- Tip: Include a designated email in postings to receive notices promptly.
3. No Liability for Unauthorized Third-Party Postings: Employers are not liable for job ads that are scraped or reposted without consent (e.g., by job boards).
4. Internal Transfers and Promotions: Upon request, employers must disclose the fixed wage or salary range for internal moves.
5. Clarified Statutory Damages: Damages for violations now range from $100 to $5,000 per violation, based on:
- Whether the violation was willful or repeated
- Employer size
- The need to deter future violations.
6. Exclusive Remedies: Affected applicants or employees can pursue either:
- Administrative remedies (via the state)
- A private lawsuit (not both)
These updates aim to improve pay transparency while giving employers flexibility and protection during the transition. Acting proactively—by updating job postings and setting up a process to respond to notices—can help avoid penalties and build trust with applicants.
Source References
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