Washington’s New Salary Disclosure Law: How Employers Can Plan to Comply | Davis Wright Tremaine LLP

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As the Ministry of Labor and Industries continues its decision-making process regarding Washington’s New Salary Disclosure Lawhe shared a draft administrative policy and asked for public comment. Although the draft policy has not yet been adopted as formal rules and may still change, employers can use the draft to begin considering compliance. Key details include:

  • When posting for a position that has a different starting range for an initial period or probationary period, the employer must include both the starting range and the post-training salary range for the position in the display.
  • When posting a position likely to be filled with different job titles, the employer must include all positions likely to be hired to fill the position, with the corresponding salary ranges for each position.
  • When posting commission-based positions, employers must include the rate that would be offered to the candidate (for example, 5-8% of net sales).
  • Employers must include a general description of all benefits in job postings, but do not need to include a dollar amount of benefits. Employers can satisfy this requirement by including a link or hyperlink in the posting to a summary or detailed description of the benefits.
  • These job posting requirements apply only when the posting includes qualifications for the desired candidates for a specific position. They do not apply to “HELP WANTED” base panels.

While these guidelines are still in draft form, it is helpful for companies to review them to better plan the changes they will need to make to all job postings as of January 1, 2023. The Department welcomes also comments and questions on the administrative policy, but asks that any comments be provided by August 12, 2022. Comments can be provided on the Department webpageby emailing the department at [email protected]or by attending a virtual feedback session to be held on July 25, 2022, from 1:00 p.m. to 3:00 p.m. (details here).

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