WA amends equal pay law to clarify employer requirements, liability

On May 20, 2025, Washington Governor Bob Ferguson signed into law Senate Bill (SB) 5408 to amend the state’s Equal Pay and Opportunities Act (EPOA). SB 5408 makes significant changes to the EPOA, including clarifying the potential statutory damages and easing compliance for employers by providing a limited notice-and-cure period for alleged violations. The amendments will go into effect on July 27, 2025.

Background

Since January 1, 2023, the EPOA has required employers that do business in Washington state to include pay ranges and benefits information in their job postings. The EPOA also allows employees and applicants to sue for actual damages, statutory damages, and attorneys’ fees. Previously, employees and applicants could seek statutory damages of $5,000 even if they suffered no actual damages and didn’t provide the employer with advance notice and an opportunity to cure a deficient posting.