On March 30, 2022, Washington Governor Inslee signed into law a bill that will require employers to include a salary or pay range, as well as information about other compensation and benefits, in each job posting. The bill revises the existing state law that requires only that employers provide the minimum wage or salary for a position to an applicant after an offer of employment has been made.  The new law takes effect on January 1, 2023.

Specifically, the new law will require Washington employers with 15 or more employees to affirmatively disclose in all job postings a wage scale or wage range, as well as “all of the benefits and other compensation to be offered”  in connection with the position, regardless of applicant request.  For purposes of the law, “postings” means “any solicitation intended to recruit job applicants for a specific available position, including recruitment done directly by an employer or indirectly through a third party” and includes “any postings done electronically, or with a printed hard copy, that includes qualifications for desired applicants.”  While the law does not define “wage scale,” “salary range,” or “benefits,” the term “compensation” is defined elsewhere in the same chapter of the law to mean “discretionary and nondiscretionary wages and benefits provided by an employer to an employee as a result of the employment relationship.”

With regard to existing employees, the new law retains the current requirement to, upon request of an employee offered an internal transfer to a new position or promotion, provide the wage scale or salary range for the employee’s new position.  However, it rescinds an existing provision of the law that offers employers the ability to provide only the minimum wage or salary expectation set by the employer for the transfer role if no existing wage scale or salary range exists.  That is, under the new law, employers will effectively now need to ensure that a wage scale or salary range is available for all roles subject to internal transfer.

By enacting this law, Washington joins other jurisdictions including New York City and Colorado in requiring affirmative disclosure of wage information as part of the hiring process.  However, several questions remain with regard to the Washington law in advance of next year’s effective date, including how broadly (or narrowly) many of the key provisions will be interpreted by the state.

We will continue to monitor and report on further developments regarding this law.

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Photo of Evandro Gigante Evandro Gigante

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents and counsels clients through a variety of labor and employment matters, including allegations of…

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents and counsels clients through a variety of labor and employment matters, including allegations of race, gender, national origin, disability and religious discrimination, sexual harassment, wrongful discharge, defamation and breach of contract. Evandro also counsels employers through reductions-in-force and advises clients on restrictive covenant issues, such as confidentiality, non-compete and non-solicit agreements.

With a focus on discrimination and harassment matters, Evandro has extensive experience representing clients before federal and state courts. He has tried cases in court and before arbitrators and routinely represents clients before administrative agencies such as the Equal Employment Opportunity Commission, as well as state and local human rights commissions.

Photo of Laura Fant Laura Fant

Laura Fant is a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group. Her practice is dedicated to providing clients with practical solutions to common (and uncommon) employment concerns…

Laura Fant is a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group. Her practice is dedicated to providing clients with practical solutions to common (and uncommon) employment concerns, with a focus on legal compliance, risk management and mitigation strategies, and workplace culture considerations.

Laura regularly counsels clients across numerous industries on a wide variety of employment matters involving recruitment and hiring, employee leave and reasonable accommodation issues, performance management, and termination of employment . She also advises on preparing, implementing and enforcing employment and separation agreements, employee handbooks and company policies, as well as provides training on topics including discrimination and harassment in the workplace. Laura is a frequent contributor to Proskauer’s Law and the Workplace blog and The Proskauer Brief podcast.

Photo of Rachel Kessler Rachel Kessler

Rachel Kessler is an associate in the Labor & Employment Department.  In leveraging her education background in industrial and labor relations, Rachel represents clients in a wide range of both employment and labor-management relations matters. Her recent work has involved the representation of…

Rachel Kessler is an associate in the Labor & Employment Department.  In leveraging her education background in industrial and labor relations, Rachel represents clients in a wide range of both employment and labor-management relations matters. Her recent work has involved the representation of clients in a diverse range of industries, including financial services, health services, performing arts, media, luxury retail and professional sports leagues.

As part of her employment practice, Rachel focuses on employment-related litigations in state and federal courts, before state and federal administrative agencies, and in arbitrations. Rachel regularly assists in defending employers from claims involving discrimination, retaliation, harassment, breach of contract, whistleblowing, wrongful termination and other employment-related torts.  Rachel also counsels on a variety of employment matters, including workplace investigations. In her labor-management relation practice, Rachel counsels and represented clients in NLRB proceedings.

Rachel also maintains a strong pro bono practice and has twice been awarded Proskauer’s Golden Gavel Award for excellence in pro bono work. She has represented incarcerated clients in parole proceedings and is an active member of the Firm’s Reproductive Rights Task Force.

Prior to joining Proskauer, Rachel interned with Judge Denis R. Hurley in the Eastern District of New York and worked for a semester as a legal intern at Legal Momentum, the nation’s first and oldest legal defense and education fund for women. During law school, Rachel was a notes editor of the International Law Journal and a member of the Gender Justice Clinic.