WA Employers: As you may be aware, Washington employers with 15 or more employees (whether or not in Washington provided that one employee works in Washington) must disclose the wage scale, salary range, and benefits information in all Washington job postings.
The requirement applies if the position can be filled by a Washington-based employee, including remote work. The law provides plaintiffs with a private right of action to recover penalties of no less than $100 and no more than $5,000 per violation plus reasonable attorneys’ fees and costs. And, importantly, such actions can be brought as class actions.
Recently, the state Supreme Court clarified that the statutory term “job applicant” covers any individual who applies to a posting for a specific available position.
Accordingly, there is no requirement that the prospective plaintiff prove that he or she is a “bona fide” applicant, nor do they need to prove that they actually wanted the open position in order to maintain an action. This decision underscores the importance for Washington employers to ensure that their job postings contain required information, as any individual who applies to a position with a non-compliant posting will be able to recover penalties under the law.