Washington SB 5408: Allowing for corrections to wage and salary disclosures.

Bill Text

CERTIFICATION OF ENROLLMENT
SUBSTITUTE SENATE BILL 5408
Chapter 383, Laws of 2025
69th Legislature
2025 Regular Session
EMPLOYER WAGE AND SALARY DISCLOSURES—CORRECTIONS
EFFECTIVE DATE: July 27, 2025
Passed by the Senate April 22, 2025
Yeas 47 Nays 1
DENNY HECK
President of the Senate
Passed by the House April 15, 2025
Yeas 94 Nays 1
LAURIE JINKINS
Speaker of the House of
Representatives
CERTIFICATE
I, Sarah Bannister, Secretary of
the Senate of the State of
Washington, do hereby certify that
the attached is SUBSTITUTE SENATE
BILL 5408 as passed by the Senate
and the House of Representatives on
the dates hereon set forth.
SARAH BANNISTER
Secretary
Approved May 20, 2025 10:42 AM FILED
May 21, 2025
BOB FERGUSON
Governor of the State of Washington
Secretary of State
State of Washington

AN ACT Relating to allowing for corrections to wage and salary 1
disclosures; amending RCW 49.58.110; and prescribing penalties.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 49.58.110 and 2022 c 242 s 1 are each amended to 4
read as follows:5
(1) Required disclosures in postings.6
(a) The employer must disclose in each posting for each job 7
opening ((the)): (i) The wage scale or salary range, except where the 8
employer is offering only a fixed wage amount for the opening, the 9
employer must disclose the fixed wage amount rather than a scale or 10
range; and (ii) a general description of all of the benefits and 11
other compensation to be offered to the hired applicant. For the 12
purposes of this section, "posting" means any solicitation intended 13
to recruit job applicants for a specific available position, 14
including recruitment done directly by an employer or indirectly 15
through a third party, and includes any postings done electronically, 16
or with a printed hard copy, that includes qualifications for desired 17
applicants. "Posting" does not include a solicitation for recruiting 18
job applicants that is digitally replicated and published without an 19
employer's consent.20
SUBSTITUTE SENATE BILL 5408
AS AMENDED BY THE HOUSE
Passed Legislature - 2025 Regular Session
State of Washington 69th Legislature 2025 Regular Session
By Senate Labor & Commerce (originally sponsored by Senator King)
READ FIRST TIME 02/10/25.
p. 1 SSB 5408.SL

(b) For any postings from the effective date of this section 1
through July 27, 2027, an employer must be afforded an opportunity to 2
correct a violation of this subsection (1) before a job applicant may 3
seek remedies under subsection (4) or (5) of this section. Any person 4
may provide written notice to an employer alleging that the 5
employer's posting does not comply with this subsection (1). If an 6
employer receives notice from any person as to a particular posting, 7
this constitutes adequate notice for the duration of that posting for 8
any job applicant seeking remedies under subsection (4) or (5) of 9
this section. If the employer corrects the posting within five 10
business days of receiving the written notice and, where applicable, 11
contacts any applicable third-party posting entity with a demand to 12
correct the posting, then neither the department nor the court may 13
assess or award penalties, damages, or other relief under this 14
section for the violation. This subsection (1)(b) does not apply 15
after July 27, 2027.16
(2) Required disclosures for internal transfers and promotions.17
Upon request of an employee offered an internal transfer to a new 18
position or promotion, the employer must provide the wage scale or 19
salary range for the employee's new position, except where the 20
employer is offering only a fixed wage amount for the new position or 21
promotion, the employer must disclose the fixed wage amount rather 22
than a scale or range.23
(3) Application.24
This section only applies to employers with 15 or more employees.25
(4) ((A job applicant or an employee is entitled to the remedies 26
in RCW 49.58.060 and 49.58.070 for violations of this section. 27
Recovery of any wages and interest must be calculated from the first 28
date wages were owed to the employee.)) Administrative remedies.29
(a) The director shall investigate if a job applicant or employee 30
files a complaint with the department alleging a violation of this 31
section. If the director determines that a violation occurred, the 32
director shall attempt to resolve the violation by conference and 33
conciliation. If no agreement is reached to resolve the violation, 34
the director may issue a citation and notice of assessment and may 35
order the employer to pay each affected job applicant or employee 36
statutory damages of no less than $100 and no more than $5,000 per 37
violation. If ordering statutory damages, the department shall 38
consider the following when determining the amount of those damages: 39
Whether the violation was committed willfully or the violation is a 40
p. 2 SSB 5408.SL

repeat violation; the size of the employer; the amount necessary to