Governor Bob Ferguson has signed SSB 5408, updating the job posting provisions of the Equal Pay and Alternatives Act, efficient July 27, 2025. Employers could now embrace a set wage quantity when providing solely a set wage quantity for a job opening or inside switch. This amends the prior requirement to at all times put up a wage vary.
Repair Job Postings Inside 5 Days to Keep away from Penalties, however Solely Till 2027
The invoice additionally grants employers a short lived window of time to appropriate noncompliant job postings and keep away from legal responsibility. Employers can have 5 enterprise days from the date they obtain written discover of a job posting’s deficiency to appropriate the job posting and make a requirement to any relevant third-party posting entities to make corrections on their very own websites. If the employer does so, then it can’t be assessed any penalties, damages, or different reduction, together with legal professional’s charges, for the poor job posting. Sadly, this skill to appropriate the deficiency inside 5 days to flee any penalties is barely in impact by means of July 27, 2027.
Employers Not Answerable for Unauthorized Job Adverts, However Penalties Nonetheless Apply for Actual Violations
The laws additionally clarified {that a} solicitation for recruiting job candidates that’s digitally replicated and printed with out an employer’s consent doesn’t qualify as a job posting for which an employer will be held liable. The legislation now says that the Washington Division of Labor and Industries (L&I) or a court docket can order an employer that violates the legislation to pay every affected job applicant or worker statutory damages ($100 per particular person, as much as $5,000 per violation) and to pay further civil penalties ($500 for the primary violation and $1,000 for repeat violations).
Suggestions: Remember the written discover of deficiency can come from anybody and never simply an applicant for the open place. Be sure to retain and doc the substance and date of any written notification of deficiency, the modifications made to the job posting, and communications made to 3rd events posting your open positions. We’re within the technique of updating our Authorized Guides, Equal Pay: Keep away from the Pitfalls and Washington Legal guidelines that Have an effect on Employment, to mirror the revised legislation.
We’ll be overlaying this matter in Half I of our “Washington’s New Employment Legal guidelines” webinar sequence, on June 16, specializing in legal guidelines taking impact this July. Register now, and hold a watch out for an invite to Half II, coming in October, which is able to cowl legal guidelines taking impact on or after January 2026.
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