Washington employers have spent the last several years adjusting to the state’s pay transparency requirements under the Equal Pay and Opportunities Act (EPOA) and responding to a growing number of lawsuits alleging noncompliant job postings.
In July 2025, the Washington Legislature substantially revised the remedies available for alleged pay-transparency job-posting violations. Among other changes, it replaced the fixed $5,000 statutory-damages framework with awards ranging from $100 to $5,000 per violation and created a temporary cure process for certain posting deficiencies.
Washington courts are now staying many pending cases while the Washington Court of Appeals considers whether the amended remedies apply to claims based on older job postings in Milito v. TikTok Inc.
Although the stays may reduce inconsistent rulings and avoid litigation over issues the appellate court may soon clarify, they do not suspend the EPOA or excuse current noncompliance. Employers should use this period to review their posting practices and prepare for the Court of Appeals’ guidance.
What the Stay Does and Doesn’t Mean
A stay is procedural, not substantive. It does not mean that pending claims lack merit, and it does not prevent a stayed case from restarting after the appellate court rules.
Employers should also not assume that the 2025 amendments eliminated potential exposure arising from job postings published before July 27, 2025. The central question pending in Milito is whether the EPOA’s amended remedies provisions apply to claims based on those earlier postings.
The Washington Court of Appeals recently granted discretionary review of that issue in Milito,recognizing that the question presents a controlling issue of law that may materially affect the resolution of numerous pending EPOA cases. Courts therefore have a strong reason to pause parallel cases.
Practical Steps Employers Should Take Now
Employers should treat the current pause as preparation time, not breathing room.
For postings from July 27, 2025, through July 27, 2027, the amended statute generally requires written notice and gives an employer five business days to correct a violation. A timely correction may preclude statutory penalties, damages, or other relief arising from the corrected posting. That protection is valuable, but only if the employer detects the notice, corrects every affected posting, and coordinates promptly with third-party platforms.
- Preserve historical posting evidence. Retain the posting, compensation information, publication dates, applicant data, revision history, and communications with recruiters or third-party platforms.
- Separate legacy from current exposure. Older postings and post-amendment postings may be governed by materially different remedial rules.
- Build a five-business-day response process. Written EPOA notices should be escalated immediately to legal, HR, and recruiting personnel.
- Audit the full posting ecosystem. The statute requires covered postings to disclose the wage scale, salary range, or fixed wage, plus a general description of benefits and other compensation.
- Reassess litigation strategy after the decision. The outcome may affect motions practice, class-certification arguments, settlement posture, and the value of early resolution.
What Happens Next
Milito will significantly affect the value and trajectory of pending pay-transparency litigation by determining which remedies framework applies to claims based on older job postings. Until then, employers should remember the central distinction: the litigation may be stayed, but the compliance obligation is not.