In 2022, the Legislature enacted SB 5761 to require employers to include a wage/salary range and a general description of all benefits and other compensation in all job postings. Specifically, SB 5761 requires an employer to disclose in each posting for a job opening the wage scale or salary range and a general description of all the benefits and other compensation to be offered to the hired applicant. The bill also attempts to clarify that a “posting” means,

“…any solicitation intended to recruit job applicants for a specific available position, including recruitment done directly by an employer or indirectly through a third party, and includes any postings done electronically, or with a printed hard copy, that includes qualifications for desired applicants.”

The Legislature responded to Washington Retail’s concerns over ambiguity in SB 5761 by delaying implementation of the new law until January 2023. The delay allows the Department of Labor and Industries (L&I) to develop guidance. L&I has responded by seeking initial input from employers on the issues or questions to help clarify in their guidance. In response, the Washington Retail Association provided the following:

• Employers need guidance on how to provide disclosure. For example, where is the disclosure to be provided, and in what form L&I should consider developing an FAQ with examples of how employers can meet the disclosure requirements.
• SB 5761 requires disclosure of a wage/salary range for positions and a general description of benefits and other compensation. Employers need guidance on what is meant by wage/salary range and what is an adequate description of benefits.

Finally, the Washington Retail Association urged L&I to convene a stakeholder group of business organizations to discuss input received from employers and assist in drafting final guidance.

Input can be sent to Cristina Evans at Labor and Industries by the close of business on May 13.