The Washington Department of Labor & Industries (L&I) updated the Equal Pay and Opportunities Act (EPOA) rules on employer wage disclosures and driver’s license requirements, effective May 22, 2026. For the most part, the new rules mirror the 2025 statutory changes (reported on here and here), but there are some notable clarifications.
- For wage or salary range disclosures in job postings, the rules define an applicant as any person applying to a job posting to recruit for a specific available position. Applicants are also given the same rights as employees to be reimbursed for court costs and fees if they win an appeal from an L&I decision.
- To help determine whether driving is an essential job function (enough to require an employee or applicant to have a driver’s license), the rules tell an employer to consider relevant factors such as: (1) whether driving is a primary reason the position exists; (2) whether removing it would fundamentally change or eliminate the position; (3) whether there aren’t enough other employees to drive; or (4) the severity of consequences if driving isn’t performed.
- When assessing statutory damages, the rules direct L&I to consider employer size, willfulness, and amount necessary to deter future noncompliance. The rules also give L&I the right to initiate collection procedures if an employer fails to pay an assessment.
A “tracked changes” version of the final rule is posted on L&I’s rulemaking webpage.
Tips: The Washington legislature has been busy passing changes to the EPOA over the past several years, all of which required rulemaking changes. For a comprehensive review of job posting, wage disclosure, and other equal pay requirements, see Vigilant’s Legal Guides, Equal Pay: Avoid the Pitfalls and Washington Laws That Affect Employment. Contact your Vigilant Law Group employment attorney with any specific questions.
