Compliance Stuff

The Washington Supreme Court just made it easier for plaintiffs to bring costly lawsuits against employers for violations of the state’s highly technical job posting requirements, making compliance more important than ever . The September 4 decision in  Branson v. Washington Fine Wine & Spirits  allows any “job applicant” to bring a claim for statutory damages against an employer that fails to disclose salary, wage, and benefits information in their job postings, regardless of whether they are a bona fide or good faith applicant. Yesterday’s decision invites a spike in “serial plaintiffs” who merely apply for jobs in aid of bringing large-scale class action lawsuits against employers that commit technical violations of the strict law. This Insight will review what happened in  Branson,  the impact of recent amendments to the law, and the three steps you can take to ensure you don’t end up as the next defendant in court. What Are the 2023 Job Posting Rules? As of...

  Washington employers will soon get some relief from the state’s strict job posting requirements after lawmakers unanimously passed a law to mitigate some of the more onerous parts of the key state statute. Starting July 27, state law will provide a grace period to correct violations , limit the amount of damages that applicants and workers can receive if violations are found, and offer additional flexibility to comply with the law. What do you need to know about the new law signed into effect today, and what seven things should Washington employers do as a result of this fortunate development? 2023 Job Posting Rules Carry Steep Risk Since January 1, 2023, Washington’s Equal Pay and Opportunity Act (EPOA) has required that employers ensure their job postings include the “wage scale or salary range and general description of benefits and other compensation” to promote pay transparency as one way to combat pay inequity. These rules – and their consequences – are arguably the stric...