Wage disclosure corrections

AN ACT Relating to removing the sunset date for an employer's 1
ability to correct wage and salary disclosures; and amending RCW 2
49.58.110. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 49.58.110 and 2025 c 383 s 1 are each amended to 5
read as follows: 6
(1) Required disclosures in postings. 7
(a) The employer must disclose in each posting for each job 8
opening: (i) The wage scale or salary range, except where the 9
employer is offering only a fixed wage amount for the opening, the 10
employer must disclose the fixed wage amount rather than a scale or 11
range; and (ii) a general description of all of the benefits and 12
other compensation to be offered to the hired applicant. For the 13
purposes of this section, "posting" means any solicitation intended 14
to recruit job applicants for a specific available position, 15
including recruitment done directly by an employer or indirectly 16
through a third party, and includes any postings done electronically, 17
or with a printed hard copy, that includes qualifications for desired 18
applicants. "Posting" does not include a solicitation for recruiting 19
job applicants that is digitally replicated and published without an 20
employer's consent. 21
S-3466.1
SENATE BILL 6100
State of Washington 69th Legislature 2026 Regular Session
By Senators King and Nobles
Read first time 01/13/26. Referred to Committee on Labor & Commerce.
p. 1 SB 6100
(b) ((For any postings from July 27, 2025, through July 27, 2027, 1
an)) An employer must be afforded an opportunity to correct a 2
violation of this subsection (1) before a job applicant may seek 3
remedies under subsection (4) or (5) of this section. Any person may 4
provide written notice to an employer alleging that the employer's 5
posting does not comply with this subsection (1). If an employer 6
receives notice from any person as to a particular posting, this 7
constitutes adequate notice for the duration of that posting for any 8
job applicant seeking remedies under subsection (4) or (5) of this 9
section. If the employer corrects the posting within five business 10
days of receiving the written notice and, where applicable, contacts 11
any applicable third-party posting entity with a demand to correct 12
the posting, then neither the department nor the court may assess or 13
award penalties, damages, or other relief under this section for the 14
violation. ((This subsection (1)(b) does not apply after July 27, 15
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) Administrative remedies. 26
(a) The director shall investigate if a job applicant or employee 27
files a complaint with the department alleging a violation of this 28
section. If the director determines that a violation occurred, the 29
director shall attempt to resolve the violation by conference and 30
conciliation. If no agreement is reached to resolve the violation, 31
the director may issue a citation and notice of assessment and may 32
order the employer to pay each affected job applicant or employee 33
statutory damages of no less than $100 and no more than $5,000 per 34
violation. If ordering statutory damages, the department shall 35
consider the following when determining the amount of those damages: 36
Whether the violation was committed willfully or the violation is a 37
repeat violation; the size of the employer; the amount necessary to 38
deter future noncompliance; the purposes of this chapter; and any 39
p. 2 SB 6100
other factor deemed appropriate by the department. In addition to 1
statutory damages, the director may: 2
(i) Order payment of the department's costs of investigation and 3
enforcement to the department; 4
(ii) Assess a civil penalty of up to $500 for a first violation 5
or up to $1,000 for a repeat violation; and 6
(iii) Order actual damages, reinstatement, injunctive relief, or 7
other appropriate relief for an employee injured by a violation of 8
subsection (2) of this section. 9
(b) An appeal from the director's finding or determination may be 10
made in accordance with chapter 34.05 RCW. An employee or job 11
applicant who prevails is entitled to costs and reasonable attorneys' 12
fees. 13
(c) The department shall deposit civil penalties paid under this 14
section in the supplemental pension fund established under RCW 15
51.44.033. 16
(5) Private civil action. 17
(a) A job applicant or employee may bring a civil action against 18
an employer for a violation of this section. A prevailing job 19
applicant or employee is entitled to statutory damages of no less 20
than $100 and no more than $5,000 per violation, plus reasonable 21
attorneys' fees and costs. In determining the amount of statutory 22
damages, the court shall consider the following: Whether the 23
violation was committed willfully or the violation is a repeat 24
violation; the size of the employer; the amount necessary to deter 25
future noncompliance; the purposes of this chapter; and any other 26
factor deemed appropriate by the court. The court may also order 27
actual damages, reinstatement, injunctive relief, and other 28
appropriate remedies for an employee injured by a violation of 29
subsection (2) of this section. 30
(b) The job applicant or employee shall bring a civil action 31
within three years of the date of the alleged violation of this 32
section regardless of whether the job applicant or employee pursued 33
an administrative complaint. Filing a civil action under this 34
subsection terminates the director's processing of the complaint 35
under subsection (4) of this section. A job applicant or employee may 36
be awarded damages by the department under subsection (4) of this 37
section or the court under subsection (5) of this section, but not 38
both. 39
(6) Exclusive remedies. 40
p. 3 SB 6100
The administrative remedies and private right of action under 1
this section constitute the exclusive remedies for violations of this 2
section. The remedies under RCW 49.58.060 and 49.58.070 are not 3
available for violations of this section. 4
(7) Rules. 5
The department may adopt rules for purposes of implementing and 6
enforcing this section. 7
--- END ---
p. 4 SB 6100