In September 2025, the Washington Supreme Court issued a significant decision interpreting Washington’s pay-transparency statute, RCW 49.58.110, part of the Equal Pay and Opportunities Act (EPOA). In Branson v. Washington Fine Wine & Spirits, LLC, 5 Wash. 3d 289, 574 P.3d 1031 (2025), the Court held that an individual qualifies as a “job applicant” entitled to statutory remedies simply by applying to a job posting – regardless of whether the individual had a bona fide interest in the position. This ruling materially expands the litigation risk for employers, particularly in the retail and hospitality sectors, where high-volume hiring and third-party job postings are common.
What the Court Changed
The Supreme Court rejected the argument that only “good-faith” or genuinely interested applicants may sue under the pay-transparency law. The Court held that the statute’s plain language imposes no subjective intent requirement, meaning plaintiffs need only apply to a job posting that lacks required wage-scale or benefits disclosures to pursue statutory damages.
Why Retail and Hospitality Employers Are Especially Exposed
Retailers, restaurants, hotels, and other hospitality employers are especially impacted because they:
- Post large numbers of open positions year-round;
- Frequently rely on third-party platforms such as Indeed or LinkedIn; and
- Advertise hourly, tipped, or variable compensation structures.
This decision applies equally to in-state and out-of-state employers posting jobs that may be performed in Washington.
Effective Now: Immediate Litigation Risk
The ruling is effective immediately and applies to existing and future claims under RCW 49.58.110. Although the statute predates the decision, Branson clarifies its scope and is already being cited by plaintiffs to defeat early dispositive motions.
Tip #1: Audit All Job Postings
Ensure your job postings are compliant with Washington’s wage-scale and benefit disclosure requirements, including postings on third-party platforms and recruiter-managed listings.
Tip #2: Standardize Posting Templates
This will help ensure wage ranges and benefits information are included consistently and accurately.
Tip #3: Review Historical Postings
Assessing potential exposure and preserving relevant records helps ensure your business is prepared for unexpected developments.
Our Retail and Hospitality team regularly advises employers on Washington regulations and litigation risk mitigation. We can assist with compliance strategies and defense of pay-transparency claims. If you have any questions or would like to discuss how these developments impact your organization, please don’t hesitate to contact us.
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