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Washington State Employee Wage Laws Under the Equal Pay and Opportunities Act
As a Washington state employee, you are entitled to protections and benefits under state and federal laws. Everyone deserves to work free of discrimination and harassment, perform their job in a safe work environment, and to be paid fairly. The the Equal Pay and Opportunities Act (EPOA), Washington state’s pay transparency law, aims to reduce wage gaps and provide job applicants with more clarity about compensation, leveling the playing field for applicants and encouraging equity in hiring practices.
The Washington state Equal Pay and Opportunities Act (EPOA) provides:
- Salary history privacy,
- Access to wage and salary information for employees and job seekers,
- Equal pay and career advancement opportunities,
- Open wage discussions, and
- Protection from retaliation.
If an employer violates your rights, you may be entitled to a payment of $5,000 or more, plus attorney’s fees, costs, and interest. Call Emery | Reddy, PLLC today to speak with an experienced Intake Specialist for a Free Case Review and learn more about how we may be about to help. No fee unless we recover for you.
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Learn More about Washington State Employee Wage Laws
Washington State Employee Wage and Salary History Privacy Protections
The Washington state employee wage laws under the EPOA ensure that employers can neither participate in hiring practices such as asking an applicant for their salary history or requiring an applicant to provide a minimum previous salary, nor can they require that an applicant’s prior wage or salary history meet certain criteria to be considered for the job. An employer may confirm an applicant’s salary only after the employer negotiates and makes an offer of employment, including pay, and the offer is accepted by the applicant. Applicants may also voluntarily disclose their wage or salary history to prospective employers should they wish to do so.
How Does the Washington State Pay Transparency Act Affect Job Postings?
As of January 1, 2023, employers with 15 or more employees must include a wage scale or salary range, a general description of all benefits, and a general description of other compensation in job postings. The changes are part of Engrossed Substitute Senate Bill 5761, which amends portions of the Equal Pay and Opportunities Act.
A posting is defined as any solicitation, including recruitment done directly by an employer or indirectly through a third party, intended to recruit job applicants that includes all of the following:
- Electronic or printed hard copy
- Qualifications for desired applicants
- Specific available position
What Salary or Wage Range Information Must be Included in a Job Posting?
Salary or wage ranges: Employers must provide a salary range or pay scale that they reasonably expect to offer for the position.
- Ranges such as $50,000–$75,000 per yearor $16–$20 per hour based on experience are acceptable, however anything open-ended, such as $50,000 per year and up, is not.
- Jobs that pay by commission or piece rates must clearly state the rate, i.e., 3–5% commission of net sale price or $0.50–$0.75 per pound of produce picked.
- If the job posting doesn’t provide clear salary information but provides a link to learn more about the job, the link must provide salary or wage ranges.
- Employers cannot avoid the law by excluding Washington state citizens from the job listing.
General benefits information: Employers must also disclose information about benefits and other compensation, such as bonuses, commissions, or other perks. Any benefits that are part of the compensation package (medical, dental, vision, stock options, etc.) must be listed; however, a dollar value for those benefits is not required.
How Can I Get Employee Wage Information for an Offered Internal Transfer or Promotion in Washington State?
If you are offered an internal transfer or promotion, you can request your employer to provide you with the wage scale or salary range for the new position. If the company has at least 15 employees, the employer must follow Washington state employee wage laws by providing the salary or wage range for the new position upon request.
What to Do If You Apply for a Job in Washington State and the Salary Isn’t Posted
If you live in and applied for a job in Washington state after January 1, 2023, and the job posting did not list clear salary or pay information, here’s what you should do:
- Take a screenshot of the job posting.
- Save the job application.
- Save any correspondence with the employer.
- Call Emery | Reddy, PLLC to speak with an experienced Intake Specialist for a Free Case Review and learn how we may be able to help. No fee unless we recover for you.
Equal Pay and Career Advancement Opportunities Under Washington State Employee Wage Laws
According to the Equal Pay and Opportunities Act (EPOA), it is unlawful to base a Washington state employee’s wages or career advancement opportunities on their gender. The EPOA was originally created to level the playing field for women, prohibiting gender pay discrimination and promoting fairness among workers by addressing business practices that lead to income inequalities between genders. Gender cannot be a reason for pay differences between employees with similar jobs, and employers must determine if a worker is qualified for a position based only on skill, effort, and responsibility. An employee’s previous wage or salary history cannot be used to justify gender pay differences.
It is important to note that differences in pay for similar jobs may be acceptable, but only in certain circumstances. Employers bear the burden of proof to justify why pay differences exist. Some of these differences may include:
- Differences in education, training, or experience
- Seniority
- Merit/work performance
- Measuring earnings by quantity or quality of production
- Regional differences in compensation
- Differences in local minimum wages
- Job related factors consistent with business need
Washington State Employee Wage Laws and Open Wage Discussions
Under the updated Washington state EPOA, it’s illegal for employers to prevent employees from sharing or discussing their wages. Employers cannot ask employees to sign wage confidentiality agreements. However, if an employee’s job gives them access to other employees’ wage information (such as Human Resources), the employer can require that employee to keep other employees’ pay information confidential.
Protection from Discrimination, Retaliation, and Firing Under Washington State Employee Wage Laws
Employers cannot take any adverse action against an employee for discussing wages, filing a complaint, testifying in a proceeding related to the law, or exercising other protected rights granted under the Equal Pay and Opportunities Act. Additionally, employers cannot retaliate against employees who ask about their wages or lack of opportunity for advancement.
Consequences for Violating Equal Pay and Pay Transparency Laws
There is no excuse for employers not to follow the law. Not only will they be responsible for paying fines and damages to the wronged employee, but infringements of their employees’ rights will also hurt their reputation and business. Additionally, if your employer breaks the pay transparency law, you could be entitled to $5,000 in damages, as well as attorney’s fees. Unfortunately, this doesn’t always stop employers from discriminating against their employees and violating their rights.
How to File a Complaint for EPOA Violations in Washington State
You have options when it comes to pursuing a violation of the Washington state EPOA; you can file a complaint with the Washington Department of Labor and Industries (L&I), submit a tip for a non-compliant job posting, or file a civil suit.
Filing a Complaint with Labor and Industries for EPOA Violations
Mail your complaint form and documentation to the following address or drop it off at your nearest L&I office:
Department of Labor & Industries
Employment Standards
P.O. Box 44510
Olympia, WA 98504-4510
While Labor and Industries (L&I) is empowered to investigate Washington state EPOA violations, the wheels of bureaucracy often turn slowly; it could be a long time before they make any decisions on your complaint. L&I will try to collect any money owed to you by the employer, but they make no promises that they will be able to collect it. Additionally, L&I must notify the employer that you filed a complaint; L&I will not investigate anonymous complaints.
Emery | Reddy Can Help You with Your EPOA Violation Claim
Our experienced Washington state EPOA Violation Attorneys can help you sue a violative employer. In a civil lawsuit, you may be awarded damages, statutory penalties, interest, costs, and attorney’s fees.
Washington state Employment and Labor Law is complicated and can be overwhelming for anyone not familiar with it. Trying to hold a company accountable for bad business practices requires a skilled attorney who knows how to navigate the different laws and tactics an employer may use.
Emery | Reddy has over eight decades of experience in Employment and Labor Law and an unmatched record of helping Washington state workers get the justice they deserve in labor violations. Call for a Free Case Review to speak with an experienced Intake Specialist and learn how we may be able to help. No fee unless we recover for you.
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