Beginning January 1, 2023, Washington employers with at least 15 employees will be required to include compensation and benefit information with postings for job openings.
Currently, covered employers who have initially offered a position to an applicant have to provide compensation information if the applicant requests it. Starting next January, however, employers will have to proactively provide that information and more with their job postings.
With each job posting, Washington employers with at least 15 employees will be required to include (a) the wage scale or salary range, (b) a general description of the benefits for that position, and (c) a general description of other compensation to be offered to the hired applicant (think signing bonuses, commissions, etc.)
“Posting” under the new statute is defined broadly as any solicitation intended to recruit job applicants for a specific available position that includes qualifications for the desired applicants. Both electronic and printed hard copy postings are covered, and the requirements apply whether the recruitment is done directly by an employer or indirectly through a third party.
The current requirement that an employer who offers an employee an internal transfer to a new position or a promotion must provide the wage school or salary range for the new position remains in effect.
Individuals who believe an employer has violated these obligations may file a complaint with the Department of Labor & Industries (DLI), may file a lawsuit, or both. If a violation is found, the employee can recover actual damages, statutory damages equal to the amount of actual damages or $5,000 (whichever is greater), interest at 1% per month on all compensation owed, and other assessments including attorney fees or DLI penalties and costs.
