Washington Supreme Court Allows Any Job Applicant to Sue under Pay Transparency Statute: 3 Steps You Should Take To Reduce Your Risk
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...