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SB 5408

Establishing the ninth grade success grant program.

2023-2024 Regular Session Introduced by Chris Gildon and 8 co-sponsors

WA SB 5408 requires 15+ employee employers to disclose wage ranges and benefits in job postings, allows a 5-day cure window for corrections, and sets new enforcement and penalties.

By resolution, reintroduced and retained in present status.
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Bill Summary · SB 5408

SB 5408 — Allowing for corrections to wage and salary disclosures

Status: Chapter 383, 2025 Laws. Governor signed 5/20/2025. Effective 7/27/2025 (90 days after adjournment).
Amends: RCW 49.58.110 (wage/salary disclosure requirements)

Purpose

To refine Washington’s job posting wage-disclosure rules by (1) clarifying what must be disclosed, (2) creating a limited opportunity for employers to correct noncompliant postings without penalty, and (3) establishing a distinct enforcement framework and damage range for violations.

Key provisions

  • Required disclosures
    • Employers with 15 or more employees must disclose, in each job posting:
    • the wage scale or salary range (or, if only a fixed wage is offered, the fixed wage amount), and
    • a general description of benefits and other compensation.
    • “Posting” excludes solicitations that were digitally replicated and published without the employer’s consent.
  • Opportunity to cure (temporary)
    • For postings published from the bill’s effective date through July 27, 2027, any person may give written notice that a posting is noncompliant.
    • If the employer corrects the posting within five business days of receiving written notice — and, where applicable, contacts the third‑party posting entity and demands correction — neither the Department nor a court may assess penalties, damages, or other relief for that violation.
  • Enforcement mechanism (separate from general EPOA provisions)
    • Administrative: Department of Labor & Industries (L&I) investigates complaints filed by applicants/employees. If L&I finds a violation and conciliation fails, it may issue a citation and order statutory damages of no less than $100 and no more than $5,000 per violation. L&I may also assess civil penalties (up to $500 for a first violation, up to $1,000 for a repeat violation), order payment of investigative costs, and in limited cases order actual damages, reinstatement, or injunctive relief for internal transfer/promotion failures.
    • Private action: Job applicants or employees may sue; prevailing plaintiffs may recover statutory damages ($100–$5,000 per violation), reasonable attorney fees and costs, and, when applicable, actual damages and equitable relief.
    • Factors for setting damages: willfulness or repeat violation, employer size, deterrence needs, purposes of the statute, and other appropriate factors.
    • A civil action must be brought within three years; filing a civil action terminates L&I’s administrative processing. Remedies under this section are exclusive (EPOA remedies under RCW 49.58.060/.070 are not available for these disclosure violations).
    • Civil penalties collected are deposited into the supplemental pension fund (RCW 51.44.033). L&I may adopt implementing rules.

Who is affected

  • Employers with 15+ employees who post jobs in Washington (and, where applicable, third‑party posting platforms/entities involved in publication).
  • Job applicants and employees seeking internal transfers/promotions who rely on posted wage/salary information.

Timeline / Important dates

  • Effective: July 27, 2025.
  • Temporary cure window for posted jobs: applies only to postings from the effective date through July 27, 2027.
  • Statute of limitations for private suits: 3 years from alleged violation.

Legislative history (selected)

  • Introduced: 1/21/2025. Passed Senate: 4/22/2025 (47–1). Passed House: 4/15/2025 (94–1). Delivered to Governor: 4/27/2025. Signed into law: 5/20/2025.

Compiled from official sources — confirm details with the bill’s official record.

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