Washington state’s pay transparency law has generated a lot of litigation against employers since it took effect in 2023. Unlike most other state pay transparency laws, Washington’s Equal Pay and Opportunities Act (EPOA) contains a private right of action that permits employees and job applicants to sue employers for alleged infractions.
Some recent EPOA lawsuits include:
- A class action in which Diamond Parking tentatively agreed to pay $1.4 million to almost 300 applicants who alleged that it failed to disclose a wage scale in job advertisements.
- A preliminary agreement in a class action for Hunt Transport to pay $4.2 million to 2,223 job applicants.
- Four pay transparency settlements preliminarily approved by Washington’s King County Superior Court on August 23, 2024: Northwest Restaurants agreed to pay $2 million to more than 8,000 applicants; Sharp Electronics Corp. will pay between $610,000 and $968,000 to settle a class action; DoorDash will pay between $350,000 and $518,000; and Burberry will pay $165,000 to retail job applicants.
- A ruling by the U.S. District Court for the Western District of Washington in Atkinson v. Aaron’s that a technical violation without actual harm cannot form the basis of a suit under EPOA.