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...

On April 22, 2025, the Washington State Senate passed  Substitute Senate Bill 5408 , as  amended by the House  on April 15, 2025 (“Amended SSB 5408”), making substantial changes to the Equal Pay and Opportunities Act related to pay and benefit information in job postings, a law that has resulted in hundreds of class action lawsuits since summer 2023. Amended SSB 5408  makes significant changes to the law as it relates to procedures and potential damages, but it maintains the pay transparency in job posting requirements. Quick Hits Under SSB 55408, which amends the Equal Pay and Opportunities Act, Washington employers may now list a fixed pay amount instead of a wage range if only one amount is offered, including for internal transfers; postings that are replicated without employer consent are not considered official job postings. Between the l aw’s effective date and July 27, 2027, employers have five business days to correct a noncompliant postin g after receiving w...