New WA Job Posting Requirements effective January 1, 2023
Wednesday, December 28, 2022
Posted by: United Employers Association
Per recent changes to the Washington’s Equal Pay and Opportunities Act, employers who engage in business in Washington and have 15 or more employees, including at least one of whom is Washington-based, will be required to include a wage scale or salary range and a general description of benefits and other compensation on job postings in Washington effective January 1, 2023.
The Act already requires employer to provide the wage scale or salary range for a specific position when requested by an internal employee in Washington who seeks transfer or promotion to a new position.
Under the Act, a “posting” means any solicitation intended to recruit job applicants for a specific available position that also includes the desired qualifications for the 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.
Postings for jobs performed completely outside of Washington are not included, but this exception is limited to jobs generally assigned to work at a location entirely outside Washington, like a server at a restaurant in Portland. Posting for jobs outside Washington that can be performed by employees remotely in Washington are included. Furthermore, employers cannot bypass these requirements by indicating “Washington residents need not apply” on their job postings given that would be a violation of the Act.
Job postings that are not for a specific job or do not list job qualifications do not need to include wage scale or salary range or a general description of benefits and other compensation. For example, posting a help wanted advertisement or a posting stating, “Hiring for Manufacturing position” are not specific postings and do not list job qualifications, so those postings would not need to include the wage scale or salary range or a general description of benefits and other compensation.
The job posting’s wage scale or salary range should be an accurate reflection of the compensation for the position and include the lowest and the highest pay established by the employer. If the employer does not have a wage scale or salary range for the position, one must be created prior to posting the job. If the position is commission based or paid via a piece-meal rate, the range of the commission or piece-meal rate must be included on the posting.
The “general description of benefits” must include a listing of the general categories of benefits included with the position, for example, medical, dental, vision, and insurance benefits, retirement benefits, and paid time off, holiday, and sick leave benefits (including number of hours/days provided) at hire.
The job posting must also include “other types of compensation,” that the position offers, such as signing bonuses, discretionary bonuses, or stock options. Only a general description of each type of compensation is necessary in the job posting, not a specific dollar amount.
For electronic postings, employers may include the general description of benefits and other types of compensation information via a hyperlink, rather than including it in the original job posting.
Violations of the Act may result in a Washington Department of Labor & Industries (DLI) complaint and/or a private lawsuit. The employer could be liable for the greater of actual or statutory damages ($5,000), interest, and attorney fees. Additionally, DLI may impose civil penalties to be paid to DLI, ranging from $500 for the first violation up to the greater of $1,000 or 10% of the employee’s damages.
More information is available regarding these changes at the following websites:
UEA attorneys are available to address any questions members may have regarding the changes to Washington’s Equal Pay and Opportunities Act. Email us at employerhelpline@unitedemployers.org or call (503) 595-2095.
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