| Momentum Bucket | Viable |
| Legal Title | AN ACT Relating to making technical clarifications by defining "applicant" to support fair and consistent pay transparency enforcement; |
| Bill Description | Making technical clarifications by defining "applicant" to support fair and consistent pay transparency enforcement. |
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What this bill does
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This bill amends RCW 49.58.110 (and 2025 c 383 s 1) to require employers with 15 or more employees to include in each job posting the wage scale or salary range (or a fixed wage amount if only a fixed amount is offered) and a general description of benefits and other compensation. It defines "posting" to cover solicitations aimed at recruiting for a specific available position (including third‑party and electronic postings, but not content digitally replicated and published without an employer’s consent) and defines "applicant" as a person who applies with a genuine intent to be considered. Employers must also provide the wage scale or fixed amount to employees offered internal transfers or promotions upon request.
The bill creates new enforcement procedures and remedies. The director of the unnamed department may investigate complaints, attempt conciliation, issue citations, assess statutory damages of $100–$5,000 per violation, order department investigation costs, and assess civil penalties up to $500 for a first violation and up to $1,000 for a repeat violation; the director may also order actual damages, reinstatement, injunctive relief, or other relief for violations of the internal transfer/promotion requirement. A private civil action is authorized by a job applicant or (in limited circumstances) an employee; prevailing parties may recover statutory damages ($100–$5,000 per violation), attorneys’ fees, and costs, and courts may award actual damages, reinstatement, or injunctive relief for internal transfer/promotion violations. Administrative appeals proceed under chapter 34.05 RCW, civil actions must be brought within three years, filing a civil action halts the department’s processing of the same complaint, and a person may recover either from the department or from court but not both. The administrative remedies and private right of action in this section are declared exclusive, and civil penalties collected are deposited in the supplemental pension fund under RCW 51.44.033. The department is authorized to adopt rules to implement and enforce the section.
The bill provides a temporary correction opportunity for postings dated July 27, 2025 through July 27, 2027: if an employer receives written notice about a posting during that period, the employer has five business days to correct the posting (and, if applicable, notify third‑party posting entities to correct) to avoid penalties; that correction opportunity expires after July 27, 2027. The text refers to "the department," "the director," and "the effective date of this section" but does not identify the specific agency or state the effective date, and the prior version of the amended provisions is not included here, so differences from existing law cannot be determined from the provided text.
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Why it matters
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If enacted, employers with 15 or more workers will have to include a wage scale or salary range (or a fixed wage if that’s all that’s offered) and a general description of benefits in every job posting, and they must give the wage range to employees offered internal transfers or promotions if requested. For postings dated July 27, 2025 through July 27, 2027 an employer who gets written notice about a problem has five business days to fix the posting (and can ask third-party posting sites to correct it) to avoid penalties; that correction opportunity ends after July 27, 2027.
The practical effect is more compliance work and potential costs for employers: failures can trigger department investigations, citations, statutory damages of $100–$5,000 per violation, civil penalties (up to $500 for a first violation and $1,000 for a repeat), and exposure to private lawsuits where prevailing complainants can recover fees and costs. Job applicants and some employees gain clearer rights to pay information and enforcement options, and third-party posting services may face demands to change listings. The text does not name which department or director will enforce these rules, nor does it state the bill’s effective date or some details about how damages will be set, so some implementation details remain unclear.
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| Official Documents | View Full Bill Text |