Washington Employers Face $5,000 Penalties for Job Postings Without Pay Ranges
Washington’s EPOA requires employers to include pay ranges and benefits in job postings. Failure to comply may cost up to $5,000 per applicant, though a new law allows a five-day cure period after notice.
Washington’s Equal Pay and Opportunities Act (RCW 49.58.110) requires employers with 15 or more employees to include the wage scale or salary range, plus a general description of benefits, in all job postings.
Failing to do so can be costly. Each violation may result in statutory damages of up to $5,000 per applicant or employee, plus attorneys’ fees and costs. Importantly, under a 2025 amendment, employers now have a five-day cure period: if they receive written notice of a defective posting, they can fix it within five business days and avoid damages or penalties for that instance.
The Washington Supreme Court recently clarified that any applicant—even so-called “tester” applicants—can bring claims. This means that job postings on company websites, LinkedIn, or other platforms are potential targets for enforcement or private suits if they lack required pay disclosures.
Key takeaways for employers:
- Include salary ranges and benefits in every posting, internal or external.
- Remember the five-day cure period is limited protection—it only applies after notice.
- Treat LinkedIn and other third-party postings as subject to the same rules.
Compliance is straightforward, but the risk of non-compliance is real. With $5,000 statutory damages per applicant, even one posting can quickly turn into expensive litigation.
