Do you have to post a salary range in Washington State job postings?
Washington's Equal Pay and Opportunities Act generally requires employers with 15 or more employees to include the wage scale or salary range and a general description of benefits in job postings. Confirm the current thresholds and details.
Washington generally requires employers with 15 or more employees to disclose the wage scale or salary range, plus a general description of benefits and other compensation, in each job posting, including remote roles that could be filled by someone in Washington.
Size thresholds and enforcement have drawn litigation and updates. Treat the 15-employee posting duty as the general rule and confirm the current requirements before relying on them.
Risky phrasing
“Remote Support Specialist, pay based on experience.”
Compliant rewrite
Remote Support Specialist, $22–$27 per hour, plus medical and PTO. (Washington generally requires range and benefits; confirm current rules.)
The law at a glance
- Law
- Washington Equal Pay and Opportunities Act — job posting disclosure provision (added by ESSB 5761, amended by SSB 5408)RCW 49.58.110
- In effect
- January 1, 2023 (posting requirement); key amendments effective July 27, 2025
- Who’s covered
- Employers with 15 or more employees that engage in business in Washington or recruit for jobs that could be filled by a Washington-based worker. Under L&I's administrative policy, the 15-employee count includes workers located outside Washington, as long as the employer has at least one Washington-based employee.
- Penalties
- An applicant or employee can generally pursue either an administrative complaint with the Washington State Department of Labor & Industries or a civil lawsuit — the 2025 amendment makes the two paths mutually exclusive. In either path, statutory damages generally range from $100 to $5,000 per violation (before July 27, 2025, the statute itself set a $5,000 minimum — actual damages or $5,000, whichever was greater), and decision-makers weigh factors like willfulness and employer size. Prevailing plaintiffs can also recover costs and reasonable attorney fees, and the statute allows additional civil penalties of up to $500 for a first violation and up to $1,000 for a repeat violation.
What that means for a posting
- Include the wage scale or salary range for the specific position. If only a single fixed pay amount is offered, the 2025 amendment lets you post that fixed amount instead of a range.
- Include a general description of all benefits — health care, retirement, and paid-time-off policies. L&I's guidance expects specifics: list the types of insurance offered and the amount of paid time off or paid holidays, not just the word "benefits."
- Include a general description of other compensation, such as bonuses, commissions, or stock options.
- The range should reflect what you genuinely expect to pay, from lowest to highest. L&I's administrative policy says open-ended figures like "$60,000 and up" or "up to $29/hour" are not compliant, and if you advertise a "starting range" or probationary rate, the full range must also appear in the posting.
- Electronic postings can hyperlink to more detailed benefits information, but a general description still has to appear in the posting itself — and you remain responsible for links working and staying current, even through third-party job boards.
- If a current employee is offered an internal transfer or promotion and asks, you generally must provide the wage scale or salary range for the new position.
- A separate 2025 addition to the same act (RCW 49.58.120, effective July 27, 2025) generally prohibits requiring a valid driver's license in a job posting unless driving is an essential function of the job or tied to a legitimate business purpose.
Remote and out-of-state postings
Remote roles are generally covered if the job could be filled by someone based in Washington — including postings by out-of-state employers recruiting into the state. L&I's administrative policy is explicit that an employer cannot avoid the requirement simply by stating in the posting that it will not accept Washington applicants. There is an exception for jobs to be performed entirely outside Washington — L&I's example is waitstaff at restaurant locations in other states — but the agency applies it narrowly, case by case, to jobs tied to worksites physically located outside the state. Printed hard-copy postings made and distributed entirely outside Washington are also excepted.
How it’s actually enforced
Enforcement is real on two fronts: L&I's Employment Standards program handles administrative complaints, and private plaintiffs have driven a wave of class actions. On September 4, 2025, the Washington Supreme Court held in Branson v. Washington Fine Wine & Spirits, LLC that anyone who applies to a non-compliant posting can seek remedies — applicants do not have to prove they were "bona fide" or genuinely interested in the job. That said, the legislature softened the exposure considerably in 2025: SSB 5408 (signed May 20, 2025, effective July 27, 2025) cut the statutory-damages floor from $5,000 to $100, gives employers five business days after written notice to fix a defective posting before any damages or penalties attach (through July 27, 2027), and exempts postings that third parties scraped and republished without the employer's consent.
Common follow-ups
Does the law apply to remote jobs or employers based outside Washington?+
Generally yes, if the role could be performed by a Washington-based worker. Out-of-state employers with 15 or more employees are generally covered once they recruit for jobs that could be filled from Washington, and the 15-employee count includes staff outside the state if at least one employee is Washington-based. L&I's policy excepts jobs performed entirely outside Washington, but applies that exception narrowly — and says a disclaimer that you won't accept Washington applicants does not, by itself, take a posting outside the law.
Can applicants sue over a missing salary range — even if they didn't really want the job?+
Yes. The law includes a private right of action, and in Branson v. Washington Fine Wine & Spirits (September 4, 2025) the Washington Supreme Court held an applicant does not have to prove genuine interest in the position. Anyone who applies to a non-compliant posting can generally seek statutory damages of $100 to $5,000 per violation, though the 2025 amendment requires written notice and gives employers five business days to cure first.
What is the five-business-day cure period?+
Since July 27, 2025, a person must notify the employer in writing that a posting doesn't comply. If the employer corrects the posting within five business days of that notice, no damages or penalties can generally be assessed for that posting. As of this writing, this cure window is temporary — the statute says it does not apply after July 27, 2027.
Do bonuses, commissions, and benefits have to be in the posting?+
Generally yes, at a general-description level. Postings must describe all benefits (health care, retirement, paid days off) and other compensation such as bonuses, commissions, and stock options. Electronic postings can link to a more detailed page, but a general description still needs to appear in the posting itself.
What about internal promotions and transfers?+
Internal postings that list qualifications for a specific position are treated as postings and generally need the same disclosures. Separately, an employee who is offered an internal transfer or promotion can request the wage scale or salary range for the new position, and the employer generally must provide it — or the fixed wage amount if only one amount is offered.
Am I liable if a job board scrapes my posting and drops the pay information?+
Under the 2025 amendment, postings that were digitally replicated and published without the employer's consent are generally exempt. But postings you place through a third party — a recruiter, an ATS feed, or a paid job-board listing — are still your postings, so it's worth confirming the pay and benefits fields survive syndication. In the Branson case itself, one plaintiff applied through a third-party hiring service.
Check your own posting in seconds.
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Audit my job post freeSources
- RCW 49.58.110 — Washington State Legislature (official statute text)
- Washington L&I Administrative Policy ES.E.2, Job Posting Requirements (issued 12/3/2025)
- Washington L&I, Job Posting Requirements fact sheet (F700-225-000)
- RCW 49.58.120 — Employer driving requirements (official statute text)
- Ogletree Deakins — Washington Governor Signs Bill Making Key Changes to Equal Pay and Opportunities Act (SB 5408)
- Fisher Phillips — Washington Supreme Court Allows Any Job Applicant to Sue Under Pay Transparency Statute (Branson)
- Morgan Lewis — Washington State Clarifies Its Pay Transparency Law (May 2025)
Last reviewed July 8, 2026. Laws change — always confirm current rules for your jurisdiction.FairHire is an informational tool, not legal advice. Have qualified counsel review your hiring questions before use.