| Momentum Bucket | Viable |
| Legal Title | AN ACT Relating to removing the sunset date for an employer's ability to correct wage and salary disclosures and defining "applicant"; |
| Bill Description | Removing the sunset date for an employer's ability to correct wage and salary disclosures and defining "applicant." |
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What this bill does
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This bill amends RCW 49.58.110 to require employers with 15 or more employees to include in each job posting the wage scale or salary range (or the fixed wage if only a fixed wage is offered) and a general description of benefits and other compensation. It defines "posting" as any solicitation to recruit applicants for a specific position (including third-party electronic or printed postings, but excluding digitally replicated solicitations published without the employer’s consent) and defines "applicant" as a person who applies with a genuine intent to be considered. For internal transfers or promotions, employers must provide the wage scale or salary range for the new position upon request.
The amendment creates procedural requirements for enforcement and penalties rather than a new crime. The director of the relevant department may investigate complaints, attempt conciliation, issue citations and assessments, and order statutory damages of $100 to $5,000 per violation, plus investigation/enforcement costs, civil penalties (up to $500 for a first violation and up to $1,000 for repeat violations), and remedies such as actual damages, reinstatement, or injunctive relief. Any person may give written notice alleging a noncompliant posting; if the employer corrects the posting within five business days of written notice and, if applicable, demands correction from the third-party posting entity, the department and courts may not assess penalties or damages for that violation. Job applicants and employees may also bring a private civil action within three years; prevailing parties may recover statutory damages in the $100–$5,000 range plus reasonable attorneys’ fees and costs, and filing a private action stops the department from continuing to process the same complaint. Appeals of the director’s determinations follow chapter 34.05 RCW, collected civil penalties must be deposited to the supplemental pension fund under RCW 51.44.033, and the department may adopt rules to implement the section. The bill makes the administrative remedies and the private right of action exclusive for violations of this section and disallows remedies under RCW 49.58.060 and 49.58.070 for these violations.
The text provided does not identify which state department or director is referenced, does not show an effective date, and includes no fiscal or staffing details.
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Why it matters
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If enacted, employers with 15 or more employees will have to put a wage range (or the fixed wage) and a general description of benefits in every job posting they run, including postings placed through third parties, and they must provide the wage range for internal transfer or promotion requests. Job seekers will get clearer pay and benefit information and can trigger enforcement by sending a written notice; employers then have five business days to fix a posting to avoid penalties. The department named in the law would investigate complaints, may assess statutory damages of $100–$5,000 per violation and civil penalties up to $500 (first) or $1,000 (repeat), and individuals can also sue within three years and recover similar statutory damages plus fees; civil penalties collected go to the state supplemental pension fund.
The groups most affected are employers with 15+ staff, who will need to update posting practices, monitor or demand corrections from third-party job boards, and face new compliance costs and legal risk (damages, penalties, and attorneys’ fees) if they fail to timely correct violations. Job boards may have to cooperate when employers demand corrections. The department will take on investigation and enforcement duties, but the bill text here doesn’t say which department that is, when the rule takes effect, or what the fiscal or staffing impacts will be.
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| Official Documents | View Full Bill Text |