Salary Transparency Laws in Washington: What Employers Must Disclose

Federally, there is no national salary transparency requirement mandating employers disclose pay ranges in job postings. However, the Equal Pay Act (29 U.S.C. § 206) prohibits pay discrimination based on sex, and the Fair Labor Standards Act (29 U.S.C. § 201 et seq.) sets federal wage and overtime standards. The EEOC enforces equal pay laws and can investigate compensation discrimination claims under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), which prohibits wage discrimination based on race, color, religion, sex, or national origin.

Federally, employers are not required to provide salary ranges proactively. The federal framework focuses on preventing discrimination in pay rather than mandating transparency. Some federal contractors must comply with Executive Order 11246, which requires non-discrimination in employment decisions including compensation, but this does not require pay range disclosure in job postings. The federal approach emphasizes enforcement after a pay disparity claim is filed, rather than preventive transparency.

Washington's salary transparency law, codified primarily in RCW 49.58.100 and enacted through House Bill 1935 (effective January 1, 2023), is significantly stronger than federal law and proactively requires pay disclosure. The state law applies to employers with 15 or more employees in Washington, whether the employer is headquartered in the state or elsewhere.

Under Washington law, employers must disclose the salary range for a position in the job posting or advertisement itself—not just after an offer stage. The range must include both the minimum and maximum compensation (or a salary band) offered for that specific role. This applies to all job postings, including internal promotions, transfers, and external hires. The law also allows employees to request the salary range for their current position, and employers must provide this information upon request.

Washington's law goes beyond federal requirements in several ways. First, it mandates proactive disclosure rather than only addressing pay discrimination complaints. Second, it covers all protected classes and genders, not just sex-based discrimination. Third, the state law explicitly applies to remote positions—if a remote job is listed for a Washington employee or the employer is based in Washington, the range must be disclosed even if the position could be filled by someone outside the state.

The state also requires employers to maintain records of the salary ranges offered for each position. Violations are subject to civil penalties up to $1,000 per violation, enforced by the Washington Department of Labor & Industries. This makes Washington one of the strictest salary transparency jurisdictions in the country.

Washington's salary transparency law has limited statutory exceptions, making it one of the broadest requirements in the nation. However, certain situations and defenses exist:

Employer size: The law applies only to employers with 15 or more employees. Very small businesses (14 or fewer employees) are exempt from the salary range disclosure requirement. However, they are still subject to Washington's minimum wage and pay equity laws.

Independent contractors and temporary staffing: The statute's application to truly independent contractors classified under IRS standards remains somewhat unclear in practice, though the law is written to cover most workers. Temporary staffing agencies may have limited duties if the staffing company, not the client, is the official employer.

Internal promotions: While the law requires posting salary ranges for internal promotions, the scope of what constitutes an "advertisement" or "posting" is narrower for purely internal, unposted opportunities. If an employer does not formally advertise a promotion, the disclosure requirement may not strictly apply, though best practice is to disclose.

Salary negotiations and exemptions: Washington does not have a categorical exemption for executive or highly compensated employees. The law applies to all positions, including C-suite roles. However, if no formal job posting is made, the requirement does not apply.

Good-faith compliance defense: Employers who made a good-faith effort to comply but made technical errors may have mitigation available in enforcement proceedings, though Washington does not provide a formal safe harbor.

Collective bargaining agreements: Positions covered by a collective bargaining agreement that specifically addresses salary disclosure may have some deference, though unions in Washington have generally supported strict transparency requirements.

Step 1 — Document the violation. Keep records of job postings for positions you applied to or currently hold. Screenshot or save the job listing as it appeared, including date and URL. Document when you requested your current salary range and the employer's response (or lack thereof). Keep emails, text messages, or written responses from HR or management. Save records of similar positions and what ranges were disclosed for those roles compared to your position.

Step 2 — Understand internal remedies. Before filing externally, you may submit a written request to your HR department asking for the salary range of your position or requesting clarity on a job posting that lacked a range. Provide a clear deadline (typically 10 business days) for a response. Document the employer's response or non-response in writing. While internal complaints are not mandatory under Washington law (unlike some harassment claims), they create a paper trail and may prompt quick correction. If the employer is a state agency or receives state funding, some additional internal notice procedures may apply.

Step 3 — File a complaint with the Washington Department of Labor & Industries. The agency enforces HB 1935 and RCW 49.58.100. You can file online through their official website at www.lni.wa.gov or submit a written complaint by mail. Include your name, contact information, employer's name and address, job title (if applicable), the date of the alleged violation, and details of the missing salary range or refused disclosure. Specify whether you are reporting a job posting violation or a refusal to disclose your current salary range. You must file within the statute of limitations (generally within a reasonable time, though Washington does not specify an absolute deadline for civil penalties). The agency typically begins investigating within 30 days of receiving a complete complaint.

Step 4 — Expect the investigation process. The Department of Labor & Industries will send a copy of your complaint to the employer and give them an opportunity to respond, usually within 21 days. The employer may provide the missing salary range, dispute the violation, or claim an exemption. The department will review job postings, interview witnesses if necessary, and examine the employer's salary records. This process typically takes 60 to 120 days. You will be notified of the agency's determination. If a violation is found, the employer may be ordered to comply and pay a civil penalty of up to $1,000 per violation. The employer can request a hearing to contest the finding.

Step 5 — Consult an employment attorney if needed. If your case involves retaliation (e.g., the employer fired you after you complained), discrimination in the salary range itself, or if you believe the violation is part of a broader pay equity issue, contact an attorney specializing in employment law in Washington. An attorney can help you file a retaliation claim under RCW 49.52.070 (Washington's whistleblower protection law) or pursue a separate pay discrimination claim under RCW 49.58.060 (Washington's equal pay law). Some attorneys work on contingency for salary transparency or pay equity cases. The Washington State Bar Association (206-727-8200, www.wsba.org) can provide attorney referrals.