Washington State has been at the forefront of pay equity legislation, and recent amendments to its Equal Pay and Opportunities Act (EPOA), which take effect on July 27, 2025, introduce significant changes for employers. These updates modify pay transparency requirements and provide for increased penalties for noncompliance. Employers with a workforce in Washington should review their practices to ensure compliance with the new requirements.
Initially, the amendments allow employers to list a fixed amount of pay if they pay only a specific amount for the position. Previously, the EPOA required employers to include a wage scale or salary range for a position in all job postings. The new amendments do not require an employer to create a wage scale or a salary range that does not actually exist. The amendments apply to both internal transfers and external postings.
Second, the amendments clarify that a “posting” under the EPOA does not include a “solicitation for recruiting job applicants that is digitally replicated and published without an employer’s consent.” Previously, employers were concerned that third parties could create liability by re-publishing employer posts without the requisite pay information.
Finally, the amendments increase penalties for non-compliance with the regulations, allowing the state to impose a penalty of $500 for an initial violation and up to $1,000 for repeat violations. The amendments also enable the state to order the employer to pay statutory damages to an employee in the amount of $100 or more, but not exceeding $5,000 per violation.
Employers should review their practices to ensure compliance with the new regulations by July 27, 2025.
