July 2, 2022

Volume XII, Number 183

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June 30, 2022

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Washington State to Require Employers to Provide Salary Ranges and Other Compensation Information in Job Postings

On March 30, 2022, Washington Governor Inslee signed into law a bill that will require employers to include a salary or pay range, as well as information about other compensation and benefits, in each job posting. The bill revises the existing state law that requires only that employers provide the minimum wage or salary for a position to an applicant after an offer of employment has been made.  The new law takes effect on January 1, 2023.

Specifically, the new law will require Washington employers with 15 or more employees to affirmatively disclose in all job postings a wage scale or wage range, as well as “all of the benefits and other compensation to be offered”  in connection with the position, regardless of applicant request.  For purposes of the law, “postings” means “any solicitation intended to recruit job applicants for a specific available position, including recruitment done directly by an employer or indirectly through a third party” and includes “any postings done electronically, or with a printed hard copy, that includes qualifications for desired applicants.”  While the law does not define “wage scale,” “salary range,” or “benefits,” the term “compensation” is defined elsewhere in the same chapter of the law to mean “discretionary and nondiscretionary wages and benefits provided by an employer to an employee as a result of the employment relationship.”

With regard to existing employees, the new law retains the current requirement to, upon request of an employee offered an internal transfer to a new position or promotion, provide the wage scale or salary range for the employee’s new position.  However, it rescinds an existing provision of the law that offers employers the ability to provide only the minimum wage or salary expectation set by the employer for the transfer role if no existing wage scale or salary range exists.  That is, under the new law, employers will effectively now need to ensure that a wage scale or salary range is available for all roles subject to internal transfer.

By enacting this law, Washington joins other jurisdictions including New York City and Colorado in requiring affirmative disclosure of wage information as part of the hiring process.  However, several questions remain with regard to the Washington law in advance of next year’s effective date, including how broadly (or narrowly) many of the key provisions will be interpreted by the state.

We will continue to monitor and report on further developments regarding this law.

© 2022 Proskauer Rose LLP. National Law Review, Volume XII, Number 92
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About this Author

Evandro Gigante Labor and Employment Lawyer Proskauer Rose Law FIrm
Partner

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents clients through a variety of labor and employment matters, including allegations of sexual harassment, race, gender, national origin, disability and religious discrimination. Evandro also counsels employers through reductions-in-force, employee relations issues and other sensitive employment matters.

With a focus on discrimination and harassment claims,...

212.969.3132
Laura M. Fant, Labor & Employment Attorney, Proskauer Law Firm
Associate

Laura M. Fant is an Associate in the Labor & Employment Department, resident in the New York office. She is a member of the Accessibility and Accommodations Practice Group, and frequently counsels on matters involving the Americans with Disabilities Act (ADA) and state public accommodation law, as well as disability accommodation in the workplace. She has experience conducting accessibility audits and providing ADA and accessibility training for clients in a variety of sectors, including retail, sports, and not-for-profit. Her practice also focuses on wage and hour...

212-969-3631
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