The law may be evolving, but that doesn’t mean your rights are gone. Employers are still legally required to post salary ranges and you could still be entitled to compensation for violations.
Washington State’s Equal Pay & Opportunities Act (EPOA) was once a landmark for wage transparency. But now, thanks to legislative rollback and court challenges, particularly one led by Total Wine, the law’s reach has been scaled back, raising serious questions about how much protection job seekers still have.
The case at the center of the storm? A challenge to the EPOA by Total Wine (operating as Washington Fine Wine & Spirits), which pushed back hard in both courtrooms and Olympia. One of the most active firms pursuing these cases, Emery | Reddy, has been instrumental in holding employers accountable and protecting Washington state workers’ rights under the law.
From Lawsuit to Law Change
After Total Wine argued that job applicants weren’t “bona fide” candidates — and that pay transparency lawsuits were becoming a “cottage industry” — legislators responded with Senate Bill 5408. Passed unanimously in 2025, it makes three key changes:
- Employers now have 5 days to fix job listings before a lawsuit can proceed.
- Damages are capped at $100 to $5,000 per violation — no more uncapped claims.
- Plaintiffs must give advance notice, limiting the ability to sue if the employer corrects the issue quickly.
While supporters say these changes add fairness, critics argue they weaken the law’s bite. By giving employers a “free pass” to rewrite non-compliant postings, the new rules shift the balance away from workers and toward corporate interests.
What It Means for Workers
More than 250 lawsuits have already been filed under the pay transparency law, many by Emery Reddy, a firm known for its deep expertise in Employment Law and aggressive pursuit of justice for Washington workers.
But under the new rules, job seekers need to act fast. To be eligible to sue, applicants must now show they genuinely intended to apply in pursuit of the listed position, and they must document the violation before an employer updates the job post.
If you applied for a position in Washington state after January 1, 2023, and the job listing failed to disclose salary range or benefits, you may still have a claim. But time is short, and your legal standing depends on the details.
Next Steps: Protecting Your Rights
Here’s what potential plaintiffs should do:
- Save a screenshot of the original job posting
- Keep all communications with the employer
- Contact an experienced Employment Law attorney to review whether your case still qualifies under current wage transparency law
The law may be evolving, but that doesn’t mean your rights are gone. Employers are still legally required to post salary ranges and you could still be entitled to compensation for violations.
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