Association of Washington Business and Littler’s Workplace Policy Institute Support Amendment to Equal Pay & Opportunities Act

SEATTLE (May 9, 2025) – With support from the Association of Washington Business and Littler’s Workplace Policy Institute® (WPI®) – the government relations and public policy arm of Littler, the world’s largest employment and labor law practice representing management – the Washington State Legislature passed a crucial amendment to the state’s Equal Pay & Opportunities Act (EPOA). The amendment modifies EPOA provisions that have generated hundreds of class action lawsuits against employers since the law’s passage in 2018, often with millions of dollars in damages at stake. 

Since the start of 2023, employers in Washington state have been required by the EPOA to include a pay range and description of benefits in all job postings or risk significant statutory damages. After the amendment goes into effect through July 27, 2027, however, employers will have a 5-day window after receiving a notice of non-compliance to correct job postings before becoming subject to penalties.

“The amendment’s near unanimous support from bipartisan lawmakers is a major win for the Washington business community,” said Breanne Martell, a Littler shareholder who led the firm’s advocacy efforts. “Our team has defended more than two dozen class actions stemming from the EPOA, so we’ve seen first-hand the challenges employers have faced when adapting to one of the most stringent pay transparency requirements in the country. This change offers much-needed relief to help employers comply.”

The AWB and Littler have been vigorous advocates for improving the state’s pay transparency law. Littler worked closely with AWB to draft comments regarding the Washington Department of Labor & Industries (L&I)’s proposed rulemaking clarifying and implementing the EPOA, as well as AWB’s amicus brief submitted to the Washington Supreme Court in Branson v. Washington Fine Wine & Spirits, LLC, Case No. 103394-0, concerning the meaning of “applicant” under the law. Littler also testified before the Washington House Labor & Workplace Standards Committee in support of an earlier version of the bill. 

“AWB provides strong leadership for Washington businesses, advocating for their interests with all branches of government. They have been instrumental in educating lawmakers about the unintended effects of the EPOA's harsh penalties for job postings,” said Martell. 

“The Littler team provided invaluable support throughout this process, offering sharp insights and strategic guidance that clearly resonated with lawmakers on both sides of the aisle,” said Lindsey Hueer, Government Affairs Director of AWB. “We appreciate their hard work and dedication to the employers that are the backbone of the Washington economy.”

Beyond the notice and cure period, the amendment also provides important clarifications to other EPOA provisions, including that statutory damages for non-compliance should range from $100 to $5,000 per violation, with consideration of discretionary factors in setting the amount. The text also clarifies that employers are not liable for unauthorized third-party postings, and employers should list a fixed amount if the job does not offer a range. 

The amendment awaits the governor’s signature and will likely go into effect this summer.

About AWB

Formed in 1904, the Association of Washington Business is Washington’s oldest and largest statewide business association representing every sector in every part of the state. AWB serves as both the state’s chamber of commerce and the manufacturing and technology association. AWB also has a longstanding record of working on behalf of companies in many other industries such as retail, wholesale, communications, services, agriculture, transportation, hospitality and construction.

About Littler 

With more than 1,800 labor and employment attorneys in offices around the world, Littler provides workplace solutions that are local, everywhere. Our diverse global team and proprietary technology foster a culture that celebrates original thinking, delivering groundbreaking innovation that prepares employers for what’s happening today, and what’s likely to happen tomorrow.

About Littler WPI

WPI advocates for employers on a global scale. Working closely with businesses and trade associations, WPI serves as a strong voice for employers and their workplaces to navigate real-time changes in employment and labor law, while influencing the legislation of tomorrow. By harnessing Littler’s global depth of knowledge and expansive resources for tracking emerging issues that affect the workplace, WPI brings employers’ interests to the forefront of today’s rapidly evolving regulatory landscape.