The Washington Equal Pay and Opportunities Act (EPOA) has become one of the fastest-growing sources of employment litigation in the State. Since job posting pay transparency took effect, employers across WA have faced class actions alleging that their job postings failed to include required compensation and benefits information. Even those with otherwise compliant workplace practices have found themselves defending expensive claims based solely on the content of a job posting.
What Is the Washington Equal Pay and Opportunities Act?
The Washington Equal Pay and Opportunities Act requires covered employers to include certain compensation and benefits information in job postings for positions that may be filled by Washington workers. The law generally applies to businesses with 15 or more Washington-based employees, including owner(s) if they are considered an employee under RCW 49.58.010(4).
While the law was intended to promote pay transparency, it has led to significant litigation activity, most recently in class action cases. In the King County Superior Court alone, a 45%+ year-over-year increase in class action filings has occurred, with about half claiming EPOA violations.
Why Are So Many EPOA Class Actions Being Filed?
Many employers were unaware of the scope of Washington’s pay transparency requirements when the law took effect on January 1, 2023. The same goes for the amendments in May and July of 2025. Others relied on third-party recruiters, legacy job-posting templates, or decentralized hiring practices that resulted in inconsistent disclosures.
Common allegations include:
- Failure to include a wage scale or salary range;
- Failure to identify other compensation opportunities, such as bonuses or commissions;
- Failure to provide required benefit descriptions;
- Inaccurate or overly broad compensation ranges;
- Noncompliant internal job postings; and
- Deficient recruiting and hiring procedures.
Even a technical violation can trigger a claim seeking statutory damages, attorneys’ fees, and class-wide relief. As a result, employers across industries have become targets for EPOA litigation.
Recent Changes to Washington’s EPOA
Washington lawmakers amended the law through SB 5408, which went effective in 2025 and introduced several employer-friendly changes. These changes include the following:
Five-Business-Day Cure Period
For job postings made by the company, not third-party websites, made between July 27, 2025, and July 27, 2027, employers may have five business days after receiving written notice of noncompliant job postings to correct the postings before a lawsuit may proceed.
Protection from Unauthorized Third-Party Postings
Employers generally are not liable for unauthorized job postings generated by third-party sites that scrape or reproduce postings without the employer’s authorization.
Statutory Damage Limits
The amendments established statutory damages ranging from $100 to $5,000 per violation, depending on the circumstances of the alleged violation and other factors identified by law.
These changes create important opportunities for employers to challenge claims, minimize exposure, and develop effective defense strategies.
How We Defend EPOA Class Actions
As Washington EPOA Class Action Defense attorneys, we know every EPOA case is different. Effective representation requires understanding both the technical requirements of the law and the practical realities of hiring and recruiting. Our attorneys provide the following for Washington employers:
Early Case Assessment: We evaluate alleged violations, upcoming deadlines, potential defenses, class certification risks, and litigation exposure potential.
Demand Letter Response: Many EPOA disputes begin with a demand letter or notice. Prompt legal analysis followed by a strategic response can create opportunities to resolve issues before litigation escalates.
Class Action Defense: We successfully defend medium-sized employers in class and representative actions involving alleged pay transparency violations and related employment claims.
Motion Practice and Litigation Strategy: Where appropriate, we challenge standing, damages theories, class certification efforts, and other aspects of the plaintiff’s case.
Compliance-Based Defense Development: We help document hiring practices, compensation structures, recruiting procedures, and compliance efforts that may support a stronger defense.
Risk Reduction and Future Compliance: Beyond defending the current matter, we help employers strengthen job-posting procedures to reduce the likelihood of repeat claims.
Why Employers Choose Rocke Law
Our strength is in our intentionally narrow focus. Our team of attorneys exclusively practices in Washington State, primarily focusing on employment law. By putting all of our time, attention, and effort into this one area of law, we are up to date on the latest legislative changes, litigation trends, and most effective strategies.
Since 2008, we have partnered with and defended local small- and medium-sized employers. We understand that doing our job successfully, efficiently, and cost-effectively is key. Tailoring our approach to the business’s overarching objectives and risk tolerance is where we start. We then ensure the matter is managed successfully through resolution, so leadership can get back to focusing on what’s important: their people, impact, and profits.
Whether you are responding to a newly initiated EPOA class action or seeking to identify vulnerabilities in your compliance strategy, our Washington Equal Pay and Opportunities Act Class Action Defense team can help.
Frequently Asked Questions
What is an EPOA class action?
An EPOA class action is a lawsuit alleging that a qualified employer violated Washington’s Equal Pay and Opportunities Act, typically through allegedly noncompliant job postings, and seeking relief on behalf of multiple applicants.
Can an employer be sued for a job posting?
Yes. Washington’s EPOA allows claims relating to alleged violations of job-posting requirements, including compensation and benefits disclosures.
What information must be included in Washington job postings?
Covered employers generally must disclose compensation information, other forms of compensation, and benefits information in applicable job postings.
What are the penalties for violating the EPOA?
Available remedies may include statutory damages, attorneys’ fees, costs, and other relief authorized by law. Statutory damages can range from $100 – $5,000 per applicant.
Does the law apply to internal job postings?
Yes. The disclosure requirements can apply to both internal and external postings.
Speak with a Washington EPOA Class Action Defense Attorney
If your company has received an EPOA demand, notice, or class action lawsuit, prompt action can make a significant difference in the outcome.
Contact Rocke Law today to discuss your Equal Pay and Opportunities Act class action defense needs and develop a strategy tailored to your business.