| Momentum Bucket | Viable |
| Legal Title | AN ACT Relating to providing consumer protection to prevent exploitation of Washington businesses through abusive litigation practices; |
| Bill Description | Concerning consumer protection to prevent exploitation of Washington businesses through abusive litigation practices. |
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What this bill does
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This bill adds legislative findings and changes RCW 49.58.110 to require employers with 15 or more employees to include wage information (a wage scale or salary range, or a fixed wage if only a fixed amount is offered) and a general description of benefits and other compensation in job postings, and to provide wage-range information on internal transfer or promotion upon request. It defines "posting," excludes replicated third‑party postings published without an employer’s consent, and allows the Department of Labor & Industries to adopt rules to implement the section.
The bill creates a limited notice-and-cure procedure for postings dated July 27, 2025 through July 27, 2027: a written notice of noncompliance serves as notice for the duration of that posting, and if an employer corrects the posting within five business days and seeks correction from third‑party posting entities where applicable, the department and courts may not impose penalties, damages, or other relief for that violation. It preserves an administrative enforcement process (investigation, conciliation, citations) and a private civil cause of action; remedies under this section are exclusive and remedies under RCW 49.58.060 and 49.58.070 do not apply. Administrative proceedings and private plaintiffs may recover statutory damages between $100 and $5,000 per violation, with civil penalties assessed by the department up to $500 for a first violation and up to $1,000 for repeat violations, plus costs and reasonable attorneys’ fees for prevailing employees or applicants; civil penalties collected are deposited into the supplemental pension fund under RCW 51.44.033. Appeals from administrative decisions are handled under chapter 34.05 RCW, and civil suits must be filed within three years of the alleged violation. Filing a civil action stops the department’s processing of the same complaint.
The text indicates the framework is meant to apply to open cases without a final judgment as of the effective date, but the effective date itself is not provided in the extracted facts. The bill also references a statutory remedy framework adopted in 2025 and an updated statutory damages structure, but the detailed contents of that 2025 framework are not included here. It is unclear from these facts whether other sections of law beyond RCW 49.58.110 and the new findings provision are amended.
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Why it matters
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If enacted, Washington employers with 15 or more employees will have to disclose a wage scale or exact wage and a general description of benefits in every job posting and, on request, for internal transfers, or face investigations, citations, and financial exposure. Between July 27, 2025 and July 27, 2027 an employer who receives written notice about a posting will have five business days to correct the posting (and notify third‑party sites where applicable) to avoid penalties; otherwise the Department of Labor & Industries can assess statutory damages of $100–$5,000 per violation, civil penalties (up to $500 for a first violation and up to $1,000 for repeats), and order payment of enforcement costs, while applicants and employees can sue for the same range of statutory damages plus attorneys’ fees within three years.
Practically, this will increase compliance work and potential legal costs for covered employers, raise enforcement and rulemaking workload for the Department of Labor & Industries, and give job seekers clearer pay information plus a new path to recover damages. The bill also directs penalty revenue to a supplemental pension fund. The text does not state the bill’s effective date or the full details of the 2025 statutory remedy framework it references, so the timing and interaction with prior 2025 changes are unclear.
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| Official Documents | View Full Bill Text |