Changes to Washington’s EPOA Laws, What and Employer Needs to Know
On May 20, 2025, Washington Governor Bob Ferguson signed Senate Bill 5408 into law, enacting important amendments to the state’s Equal Pay and Opportunities Act (EPOA). These changes, effective July 27, 2025, clarify employers’ obligations, adjust the available remedies for violations, and introduce a limited “notice and cure” period designed to reduce opportunistic litigation.
Background
Since January 1, 2023, Washington employers have been required to disclose salary ranges and benefits information in job postings under the EPOA. The law also allows job applicants and employees to bring lawsuits for violations, including claims for actual damages, statutory damages, and attorneys’ fees—even in the absence of actual harm or advance notice to the employer.
This has led to a surge in lawsuits, many of which were initiated by individuals applying to jobs solely to trigger EPOA claims. These lawsuits, often filed as class actions, have raised concerns among employers and are currently the subject of a pending case before the Washington Supreme Court—Branson v. Washington Fine Wines—which may decide whether only “bona fide” job applicants can sue under the EPOA.
Key Changes Under SB 5408
While the EPOA’s core transparency requirements remain intact, SB 5408 brings significant procedural and remedial changes that aim to balance compliance with fairness:
1. Notice and Cure Period (Temporary)
- Effective July 27, 2025 – July 27, 2027: Before an applicant can pursue damages, the employer must be given a chance to fix the issue.
- Anyone may submit written notice alleging a noncompliant job posting.
- Employers then have five business days to correct the posting and notify any third-party platforms where the job is listed.
- If cured timely, no damages or penalties will be assessed.
- This two-year grace period is designed to ease compliance during the transition but expires in 2027.
2. Third-Party Postings
- Employers will not be liable for job postings copied and reposted without their consent by third-party sites.
3. Fixed-Wage Disclosure
- Employers offering a fixed wage for a role may now state the wage directly, rather than providing a range.
4. Updated Remedies
- The prior flat statutory damage of $5,000 per violation (regardless of harm or notice) is eliminated.
- In private lawsuits, courts may award statutory damages between $100 and $5,000, along with reasonable attorneys’ fees. Courts may also award actual damages, if warranted.
- The court will consider factors such as company size, repeat violations, and willfulness when determining damages.
- For administrative enforcement, the Department of Labor and Industries (L&I) retains authority to investigate and impose penalties. These include:
- Statutory damages of $100–$5,000 per violation;
- Civil penalties up to $500 for a first violation and up to $1,000 for repeat violations;
- Additional relief such as actual damages or other remedies.
5. Exclusive Remedy Provision
- Applicants must choose between civil or administrative remedies and cannot recover under both.
Importantly, SB 5408 does not resolve whether a person must be a legitimate (“bona fide”) applicant to bring a claim—an issue expected to be addressed by the state’s highest court.
What Employers Should Do Now
While the amendments offer some relief, the EPOA still imposes strict disclosure obligations. To take full advantage of the notice and cure provision, employers should:
- Establish internal workflows to review and update job postings within five business days of receiving any notice;
- Coordinate with third-party platforms to ensure timely corrections;
- Review fixed-wage roles to determine if simplified disclosure is now available.
Looking Ahead
Although SB 5408 reduces the potential for predatory lawsuits and grants a grace period for employers to fix mistakes, litigation risks remain. Questions about the scope of damages, applicability to past violations, and the nature of proper notice may lead to further legal developments. Employers are encouraged to stay informed and consult legal counsel to refine their compliance strategies.
If you have any questions about compliance with these changes or any other laws our team of attorneys can help you. Please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100.
