Your pay rights in Washington

Who is covered

The posting rule applies to employers with 15 or more employees. The state counts employees outside Washington too, as long as the employer has at least one Washington-based employee. It covers employers that do business in Washington or recruit for jobs that a Washington-based worker could fill, even with no office in the state. Remote jobs that could be done from Washington are covered, and an employer can't escape the rule by saying it won't accept Washington applicants. Jobs tied to worksites entirely outside Washington are not covered. A 'posting' is any ad for a specific open position that lists qualifications, online or printed, posted directly or through a third party. Ads copied and published without the employer's consent are not covered. The salary history ban has no size limit.

What a job posting must show

• The wage scale or salary range, which must include a minimum and maximum dollar amount (so not 'up to' or 'and up'), or the fixed pay if only one amount is offered and no range exists.
• A general description of all benefits, such as health, dental, and vision insurance, retirement plans, paid time off, paid holidays, and other taxable benefits
• A general description of other pay, such as bonuses, commissions, profit-sharing, or stock options
• Online posts may link to more detail about benefits and other pay

Pay history

Employers may not ask you, or your current or past employers, for your pay history, or require your past pay to meet a minimum or maximum. You can choose to share it; the employer may confirm it then, or after it has made you a job offer that includes pay.

What you can do

• If you are a current employee offered a transfer or promotion, you can ask for the pay range of the new job
• Anyone can send the employer a written notice that a posting breaks the law. For postings from July 27, 2025, through July 27, 2027, the employer has 5 business days to fix it before you can seek remedies.
• File a complaint with Washington L&I. L&I does not investigate anonymous complaints, but you can send an anonymous tip with a copy of the posting.
• Sue the employer within 3 years of the violation. For posting violations, the court awards $100 to $5,000 per violation plus attorney fees. You can get damages from L&I or from a court, but not both.
• For pay history violations, you can file with L&I or sue within 3 years for actual damages plus extra damages of $5,000 or your actual damages, whichever is more

Where to report a posting without pay

Washington State Department of Labor & Industries (L&I), Employment Standards

For posting violations, L&I or a court can award each affected applicant or employee $100 to $5,000 per violation. L&I can also fine the employer up to $500 for a first violation or, for a repeat violation, up to $1,000 or 10% of the damages, whichever is more, and charge its investigation costs. For pay history violations: actual damages, extra damages of $5,000 or your actual damages (whichever is more), 1% interest per month on pay owed, and attorney fees. L&I can add a fine of up to $500 for a first violation, and for a repeat violation up to $1,000 or 10% of the damages, whichever is more.

Sources

• RCW 49.58.110: Disclosure of wage or salary range by employer
• RCW 49.58.100: Employer seeking wage and salary history prohibited
• RCW 49.58.060: Complaint by employee, penalties
• RCW 49.58.070: Employee may bring civil action
• L&I: Equal Pay and Opportunities Act
• WAC 296-123-060: Wage range requirements
• WAC 296-123-105: Damages (WSR 26-09-116, effective May 22, 2026)
• L&I Administrative Policy ES.E.2: Job Posting Requirements (issued Dec. 3, 2025)
• L&I Administrative Policy ES.E.1: Equal Pay and Opportunities Act (revised Feb. 18, 2026)

A 2025 amendment (2025 c 383), effective July 27, 2025, added the 5-business-day chance for employers to fix a posting (it ends after July 27, 2027), set damages at $100 to $5,000 per violation, excluded ads copied without the employer's consent, and made L&I and lawsuits the only remedies. L&I rules effective May 22, 2026 (WSR 26-09-116) let L&I order statutory damages of $100 to $5,000 per violation to each affected applicant without showing harm; an older sentence on L&I's web page saying harm must be shown reflects the replaced rule. On pay history, the statute lets employers confirm it after making an offer with pay; L&I's page adds 'and the offer is accepted.'