Governor Bob Ferguson has signed SSB 5408, updating the job posting provisions of the Equal Pay and Opportunities Act, effective July 27, 2025. Employers may now include a fixed wage amount when offering only a fixed wage amount for a job opening or internal transfer. This amends the prior requirement to always post a wage range.
Fix Job Postings Within 5 Days to Avoid Penalties, but Only Until 2027
The bill also grants employers a temporary window of time to correct noncompliant job postings and avoid liability. Employers will have five business days from the date they receive written notice of a job posting’s deficiency to correct the job posting and make a demand to any applicable third-party posting entities to make corrections on their own sites. If the employer does so, then it cannot be assessed any penalties, damages, or other relief, including attorney’s fees, for the deficient job posting. Unfortunately, this ability to correct the deficiency within five days to escape any penalties is only in effect through July 27, 2027.
Employers Not Liable for Unauthorized Job Ads, But Penalties Still Apply for Real Violations
The legislation also clarified that a solicitation for recruiting job applicants that is digitally replicated and published without an employer’s consent does not qualify as a job posting for which an employer can be held liable. The law now says that the Washington Department of Labor and Industries (L&I) or a court can order an employer that violates the law to pay each affected job applicant or employee statutory damages ($100 per person, up to $5,000 per violation) and to pay additional civil penalties ($500 for the first violation and $1,000 for repeat violations).
Tips: Be aware the written notice of deficiency can come from anyone and not just an applicant for the open position. Make sure you retain and document the substance and date of any written notification of deficiency, the changes made to the job posting, and communications made to third parties posting your open positions. We are in the process of updating our Legal Guides, Equal Pay: Avoid the Pitfalls and Washington Laws that Affect Employment, to reflect the revised law.
We’ll be covering this topic in Part I of our “Washington’s New Employment Laws” webinar series, on July 16, focusing on laws taking effect this July. Register now, and keep an eye out for an invitation to Part II, coming in October, which will cover laws taking effect on or after January 2026.
