Washington State Pay Transparency Requirements for Employers

The Washington pay transparency law requires employers with 15 or more employees, and at least one worker based in Washington, to include a wage range, a general description of benefits, and any other compensation in every job posting. The rules took effect on January 1, 2023, and they reach out-of-state companies recruiting for remote roles a Washington worker could fill.¹ The law also bans salary history questions, protects workers who talk about pay, and gives applicants and employees two enforcement paths: a complaint to the state or a lawsuit in court.

Which Employers Are Covered

The 15-employee threshold counts everyone in the organization, not just Washington-based staff. Any employer over that size with even one worker in the state has to comply.¹

Remote postings are where out-of-state employers most often trip. If a Washington resident could perform the job remotely, the posting needs the required disclosures. An employer cannot avoid the law by stating the position is closed to Washington applicants. The only carve-out is for jobs tied to a worksite located entirely outside Washington, and the state applies that exception case by case.²

What Every Job Posting Must Include

Three things belong in the posting itself:

A wage scale or salary range reflecting what the employer actually expects to pay. A floor with no ceiling, or a range so wide it tells the applicant nothing, does not satisfy the law.
A general description of all benefits. A cost breakdown is not required; naming what is offered (medical, retirement match, paid leave, and so on) is enough.
A description of any other compensation, including commissions, tips, bonuses, stock options, or other incentive pay.

A “posting” is any solicitation aimed at recruiting applicants for a specific open position, electronic or printed, whether the employer publishes it directly or works through a third-party recruiter.¹

Internal Transfers and Promotions

Current employees have a related but narrower right. When an employee is offered an internal transfer or promotion, the employer must provide the wage scale or salary range for the new role if the employee asks.¹ Unlike an external posting, the disclosure is not automatic. You have to request it. If a range has not been set for the new role, one must be established before the move is finalized.

Salary History Ban

Employers cannot ask an applicant about prior wages or salary, and they cannot seek that information from a current or former employer either. They also cannot make hiring or an interview conditional on past pay meeting some threshold.³

An applicant can volunteer their salary history, but the employer cannot pressure them. Confirming prior pay is only allowed after an offer has been extended and accepted.⁴ Retaliating against an applicant who declines to share salary history is itself a violation.³

Talking About Pay and Reporting Violations

Employers cannot fire, discipline, or otherwise retaliate against workers for exercising rights under the act. Protected activity includes discussing your own pay or asking a coworker about theirs, filing a complaint with the employer or with L&I, participating in an investigation or proceeding, and encouraging a coworker to exercise their rights.⁵

The Five-Day Correction Window

For postings published between July 27, 2025, and July 27, 2027, the employer gets a chance to fix a non-compliant posting before penalties attach. The employer must be given written notice identifying the specific posting, and then has five business days to correct it. If the fix happens in that window, L&I closes the related complaint.⁴

If you file a complaint without first notifying the employer, L&I will provide the notice and check back after five days. This matters from both sides. Applicants and workers should put concerns in writing to the employer before expecting a penalty. Employers should treat any such notice as urgent.

Filing a Complaint With L&I

Workers and applicants can file a complaint with the Washington Department of Labor & Industries using the agency’s standard form for Equal Pay and Opportunities Act violations.⁶ If informal resolution fails, L&I can issue a citation and order remedies.

For posting violations, the penalties are:

Statutory damages of $100 to $5,000 per violation, based on factors like willfulness, whether the violation is repeated, employer size, and what will deter future noncompliance.
A civil penalty paid to the department of up to $500 for a first violation, or up to $1,000 for a repeat.
Reimbursement of L&I’s investigation and enforcement costs.

For violations involving internal transfer or promotion disclosures, L&I can also order actual damages, reinstatement, and injunctive relief.⁷

Suing in Court

An L&I complaint is not the only option. An applicant or employee can sue directly in court within three years of the alleged violation, whether or not an administrative complaint was filed. You cannot collect for the same violation twice, and filing a lawsuit terminates any pending L&I investigation, so the choice of forum matters.⁷

For a posting violation under RCW 49.58.110, a prevailing plaintiff can recover statutory damages of $100 to $5,000 per violation, plus reasonable attorney fees and costs. Courts weigh the same factors L&I considers.

A separate remedy under RCW 49.58.070 covers broader violations like wage discrimination or retaliation. A prevailing employee can recover actual damages, statutory damages equal to actual damages or $5,000 (whichever is greater), one percent monthly interest on all compensation owed, and attorney fees. Wages and interest can reach back four years from the last violation.⁷ Because the two paths cannot be combined for the same violation, an employment attorney is worth consulting before choosing.

1
Washington State Legislature. RCW 49.58.110 – Wage Disclosures
2
Washington State Department of Labor & Industries. Equal Pay and Opportunities Act Q&A
3
Washington State Legislature. RCW 49.58.100 – Wage and Salary History
4
Washington State Department of Labor & Industries. Equal Pay and Opportunities Act
5
Washington State Legislature. RCW 49.58.040 – Retaliation Protections
6
Washington State Department of Labor and Industries. Equal Pay and Opportunities Act Complaint Form
7
Washington State Legislature. Washington Code Chapter 49.58 – Washington Equal Pay and Opportunities Act