HB 2728
In CommitteeHouse
Wage disclosure litigation
Concerning consumer protection to prevent exploitation of Washington businesses through abusive litigation practices.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill strengthens wage transparency rules in Washington by requiring employers to disclose wage ranges and benefits in job postings and internal promotions, while adding protections against abusive lawsuits by giving employers a chance to fix errors before being penalized. It also sets clear limits on remedies and damages to promote fairness and consistency.
- Requires employers with 15 or more employees to disclose wage scale or fixed wage amount and a general description of benefits in job postings (including electronic and printed ads).
- Mandates that employers provide wage scale information to employees upon request for internal transfers or promotions.
- Introduces a 5-day 'cure' period (through July 27, 2027) allowing employers to fix wage disclosure errors after receiving written notice—before facing penalties or lawsuits.
- Establishes statutory damages of $100 to $5,000 per violation, with factors like willfulness, employer size, and deterrence guiding the amount.
- Creates an exclusive remedy framework—meaning individuals can pursue either administrative complaints with the Department of Labor & Industries or civil lawsuits, but not both for the same violation.
- Applies retroactively to open cases not yet finalized as of the bill’s effective date, ensuring consistent application of the new notice-and-cure and damages framework.
Who is affected
- Washington employers with 15 or more employees — Employers with 15 or more employees must now follow updated wage disclosure rules and may face administrative or civil penalties for noncompliance, but gain a 5-day 'cure' period to fix mistakes before facing penalties through 2027.
- Job applicants and employees — Job applicants and employees gain the right to sue or file complaints if employers fail to disclose wage information in job postings or internal promotions, and may receive statutory damages ($100–$5,000 per violation).
- Washington State Department of Labor & Industries — The Washington State Department of Labor & Industries gains authority to investigate complaints, issue citations, assess civil penalties (up to $1,000), and order damages in wage disclosure cases.
- Third-party job posting platforms — Third-party job posting platforms may be contacted by employers to correct wage disclosure errors, and could be indirectly affected if employers rely on them to maintain compliant postings.
Pro/Con Analysis
Potential Benefits (5)
Mandating wage scale and benefit disclosures in job postings and upon internal promotion requests empowers job applicants and employees with critical information to evaluate offers and negotiate fair compensation — directly supporting wage equity and informed decision-making.
Rights & LibertiesPeopleRef: Sec. 2(1)(a), (2)Statutory damages ($100–$5,000 per violation) and attorney’s fees for prevailing claimants create meaningful enforcement teeth for low-wage workers who otherwise lack resources to pursue wage disputes individually — promoting compliance without requiring individual proof of harm.
Business & EmploymentPeopleRef: Sec. 2(4)(a), (5)(a)The 5-day cure period reduces exposure to penalties for good-faith, technical errors — particularly helpful for small employers using third-party job boards — and avoids punitive outcomes for minor, correctable mistakes.
Business & EmploymentPeopleRef: Sec. 2(1)(b)Applying the law only to employers with 15+ employees spares micro-businesses and sole proprietors from compliance burdens, aligning regulatory scope with capacity — though this excludes many gig and freelance workers who may be misclassified as independent contractors.
Business & EmploymentPeopleRef: Sec. 2(3)(a)Retroactive application to open cases and exclusive remedy framework promote legal consistency and finality — reducing duplicative or conflicting claims and streamlining enforcement.
Public SafetyPeopleRef: Sec. 2(3)(b), (6)
Potential Concerns (5)
The 5-day 'cure' period creates a procedural shield that disproportionately benefits employers with legal or compliance staff who can respond quickly to notices, while smaller employers or those without dedicated HR may still be penalized if they miss the window — but the overall structure reduces liability exposure for most employers, especially larger ones with formal compliance systems.
Business & EmploymentPeopleRef: Sec. 2(1)(b), effective through July 27, 2027Statutory damages of $100–$5,000 per violation, while capped, create exposure for employers — but the damages framework is structured to favor consistency over deterrence, and the exclusive remedy clause prevents叠加 claims (e.g., no double recovery for same violation under other wage laws), limiting liability for employers relative to broader wage theft claims.
Business & EmploymentLean peopleRef: Sec. 2(4)(a), (5)(a)Civil penalties ($500–$1,000) are deposited into the Supplemental Pension Fund — a non-general-fund account — rather than general revenue, meaning enforcement costs are not offset by broad public benefit, and the fund primarily serves public-sector retirees, not the general public.
Public SafetyPeopleRef: Sec. 2(4)(c), (5)(a)The exclusive remedy framework bars claimants from pursuing multiple legal avenues for the same violation, reducing leverage for low-wage workers who may lack resources to navigate both administrative and civil routes — effectively limiting access to full legal redress.
Rights & LibertiesPeopleRef: Sec. 2(1)(b), (4)(a), (5)(a)The 5-day cure period applies only to posting-level wage disclosures (not internal promotion disclosures), and expires July 27, 2027 — meaning employers face no cure option for internal promotion violations, creating uneven compliance pressure across employer practices.
Business & EmploymentPeopleRef: Sec. 2(1)(b)
Who Is Most Affected
Low- and middle-wage workers benefit significantly from wage transparency, enabling better negotiation and awareness of pay equity — but may be disadvantaged by the exclusive remedy rule limiting legal options and the cure period’s short window.
Large employers benefit most from the cure period, exclusive remedies, and damages caps — which reduce litigation risk and liability exposure — while small employers with 15+ employees face moderate compliance costs but avoid penalties for good-faith errors.
Large employers (100+ employees) gain the most from the bill’s liability-limiting provisions, including the cure period and damages caps, while also having the resources to comply with disclosure requirements — making them net beneficiaries.
The Department of Labor & Industries gains enforcement authority but faces increased complaint volume without new funding; its capacity to investigate and resolve cases will determine whether this strengthens or strains enforcement capacity.
Third-party job platforms may be asked to correct postings but are not directly liable — creating minor operational burden without financial penalty, though they may adjust pricing or terms for employer clients.