Guidance on New Job Posting Requirements – Jan. 1

Dec 19, 2022
Beginning Jan. 1, 2023, Washington employers with 15 or more employees must disclose a wage scale or salary range and a general description of benefits and other compensation on job postings that recruit Washington based employees, when the job posting includes qualifications for desired applicants.

Beginning Jan. 1, 2023, Washington employers with 15 or more employees must disclose a wage scale or salary range and a general description of benefits and other compensation on job postings that recruit Washington based employees, when the job posting includes qualifications for desired applicants. Previously, employers could wait to disclose the salary and benefits of job positions after making an offer. However, legislation passed during the 2022 legislative session has changed that for employers with 15 or more employees.

The Department of Labor and Industries (L&I) has released an administrative policy to provide further guidance for employers on this new requirement. When determining whether a business meets the “15 or more employees” threshold, employers should also include employees that do not have a physical presence in Washington. According to the L&I administrative policy, a “job posting” refers to any solicitation intended to recruit job applicants for a specific available position, including recruitment done directly by an employer or indirectly through a third party, and includes any postings done electronically or with a printed hard copy that includes qualifications for desired applicants. The new Washington law applies to any job solicitation, including a printed job sign, a digital job board, third-party recruiting services and to those out-of-state employers recruiting Washington workers. It also applies when an employee is offered an internal transfer or a promotion, in which case employers must provide the wage scale or salary range of the new position, if requested by the employee.

How can employers meet the wage scale and salary range requirement?

The L&I administrative policy provides clarification on what constitutes a wage scale or salary range. The range should extend from the lowest to the highest pay established by the employer prior to publishing the job posting. If an employer does not already have an existing wage scale or salary range for a position, a scale or range should be created prior to publishing the job posting. Further, the new job posting requirements do not allow for open-ended salary ranges, such as “up to $29.00 per hour,” or “$60,000 and up.” An example of a wage scale or salary that meets the new requirement is provided below, and employers can find additional examples on page 5 of the L&I administrative policy.

Wage scale and salary example: If the employer publishes a job posting for a job opening that can be filled with varying job titles, depending on experience, the employer should specify all potential wage scales or salary ranges. The job posting should clearly define the lowest to highest pay established for each potential job position:

  • Accounting Analyst 1 - $27.00 - $29.00 per hour
  • Accounting Analyst 2 - $65,000 - $80,000 per year
  • Accounting Analyst 3 - $80,000 - $110,000 per year

How can employers meet the general description of all benefits requirement?

As outlined in the L&I administrative policy, a “general description of all benefits” includes, but is not limited to, health care benefits, retirement benefits, any benefits permitting paid days off (including more generous paid sick leave accruals, parental leave, and paid time off or vacation benefits), and any other benefits that must be reported for federal tax purposes, such as fringe benefits. If an employer offers insurance benefits, for example, each type of insurance should be listed out in the job posting. An example of a general description of benefits can be found below, and employers can find additional examples on page 7 of the L&I administrative policy.

General description of all benefits example: Employees (and their families) are covered by medical, dental, vision, and basic life insurance. Employees are able to enroll in our company’s 401k plan, as well as a deferred compensation plan. Employees will also receive eight hours of vacation leave every month and twelve paid holidays throughout the calendar year.

How can employers meet the general description of other compensation requirements?

As defined in the L&I administrative policy, “other compensation” includes, but is not limited to, bonuses, commissions, profit-sharing, stock options, or other forms of compensation that would be offered to the hired applicant in addition to their established salary range or wage scale. An example of a general description of other compensation can be found below, and employers can find more information on other compensation in the L&I administrative policy.

General description of other compensation example: Hired applicant will be able to purchase company stock, receive annual bonuses, and can participate in profit-sharing.

L&I Employer Webinars and Resources

In addition to the administrative policy, which includes several job posting example scenarios, L&I is offering webinars for employers. The webinars will cover what constitutes a job posting, the information that must be included in a job posting, and details on what constitutes a wage scale or salary range, among other topics. Employers can sign up for a webinar on the L&I Workshops and Training Center page, and the webinar schedule is outlined below:

  • Wednesday, Dec. 21 at 2:00 PM
  • Thursday, Dec. 22 at 9:00 AM
  • Thursday, Jan.12 at 9:00 AM
  • Thursday, Feb. 9 at 2:00 PM
  • Thursday, Feb. 16 at 9:00 AM

Questions?

For specific questions on the new job posting requirements, contact L&I’s Equal Pay agents at equalpay@lni.wa.gov or 360-902-6625.