Washington State Clarifies Pay Transparency Law SB 5761 Ahead of January 1, 2023 Implementation

Washington became the second state, following Colorado, to pass legislation requiring employers to post salary ranges in job postings. Washington’s Equal Pay and Opportunities Act (“EPOA”) already requires employers to provide a salary range to applicants who request that information after an employer makes an initial job offer.  

Earlier this year, Governor Inslee signed SB 5761, similar to Colorado, amending Washington’s EPOA. Several other jurisdictions, such as California and New York City, have recently followed suit. Washington’s new legislation drummed up a lot of questions about which employers are required to comply and what information an employer is required to post. The Washington State’s Employment Security Department recently released a draft administration policy, which provided some guidance on the requirements to the upcoming pay transparency legislation. 

Pay Transparency 

  • Employers with 15 or more employees, who have at least one employee working in Washington, must comply. 
  • Eligible employers will have to post a low and high number (either as an hourly wage or yearly salary amount) as well as a general description of all benefits and other compensation to be offered in any job posting.  
  • Benefits include items such as health care benefits, retirement benefits, vacation benefits, other paid time off, discretionary bonuses, stock options, relocation assistance, profit-sharing, etc. Employers will not need to post the monetary value of the benefits.  
  • Employers can post links to their website if the website fulfills these requirements. 
  • Employers must provide the salary range to an employee who is offered an internal transfer/promotion, if the employee requests it.  
  • Eligible employers must comply beginning January 1, 2023.  

What’s Next? 

To learn more about how to prepare for pay transparency legislation, be sure to watch the recording of our latest Pay Transparency Legislation webinar. 

To stay up-to-date on the latest pay transparency legislation in the United State, check out our legislation landing page.