Washington’s pay transparency law, designed to close the gender wage gap by requiring salary ranges in job postings, is at the center of controversy. Since its enactment in 2023, approximately 250 lawsuits have been filed, with the Seattle-based law firm Emery Reddy leading the charge. Business groups argue that a “cottage industry” has emerged, with “serial” job applicants filing lawsuits not to secure jobs, but to benefit financially from legal settlements.
In response, state legislators are considering SB 5408, which would provide employers a 2-week grace period to correct non-compliant job postings before facing legal action. This proposed reform is similar to California’s Private Attorneys General Act (PAGA) reform which provides employers the “right to cure” within 33 days of alleged violations before filing a civil lawsuit. California’s changes aimed to curb frivolous lawsuits while maintaining worker protections.
In mid-February, the Washington Supreme Court is reviewing how to define a “job applicant” under the law, a decision that will clarify whether an applicant needs to possess bona fide for a position to be a bona fide job applicant in a civil suit. With legislative and judicial decisions pending, Washington employers should stay informed on compliance requirements to avoid legal risks. The outcome of these discussions could shape the future of pay transparency enforcement in the state.
