Your Rights in the Job Application & Hiring Process

In a labor market where the Washington state unemployment rate has increased from 4.4% to 5.0% from January of 2025 to January 0f 2026, more and more people are looking for employment opportunities (See “Washington State Unemployment Rate Increased to 5.0% in January”). While on the job search, applicants encounter many hurdles to employment, but through Washington State laws, some of these hurdles can be overcome!

In Washington state, job applicants, potential hires, and employees have rights whichaim to reduce barriers to employment. Learn more about the critical pieces of law that protect you while on your job search!

Information Required in Job Postings by Employers

When an employer lists a position for which they are hiring, they must include certain information about the position, for pay transparency. Wondering what would qualify as a “job posting?” Well, any attempt to fill a certain job position by publishing postings online, in printed form, or through a third-party recruiting that includes qualifications for the available position is a “job posting.” This law doesn’t apply to job postings that are created without the employer’s consent.

Employers are required to disclose:

● Wage scale or salary range (if there’s no pay scale and only a single/”fixed” wage that is being offered, then that fixed wage should be posted instead of a scale or salary range.

● General description of all the benefits and compensation being offered to the job applicant.

Have you spotted a job posting that doesn’t fulfill the legal requirements under state law? You can file a complaint/tip by sending an image or PDF of the non-compliant job posting to: Equalpay@lni.wa.gov or through L&I’s secure file upload!

Employers Seeking Wage and Salary History of Applicants

Employers aren’t allowed to:

● Require you to share what you were paid in the past/salary history (RCW 49.58.100 1(a)).

● Look into your wage or salary history by contacting your current or former employer before a job offer is made and accepted by you (RCW 49.58.100 1(a)).

● Require that your wage or salary history meet certain requirements (49.58.1001(b)).

New Limits on Employers Requiring a Driver’s License

As of July 27, 2025, employers aren’t allowed to require a driver’s license as a necessary requirement for hiring if driving isn’t an essential job duty or related to a legitimate business reason. This also applies to job postings.

Unless an Essential Job Function, Employers aren’t allowed to:

● Require a valid driver’s license as condition of employment (RCW 49.58.120 1(a)).

● Include a statement in a job posting that says “must have a valid driver’s license” (RCW 49.58.120 1(b)).

Current Criminal History Protections and Upcoming Expansion of the “Washington Fair Chance Act”

The “Washington Fair Chance Act” was first passed in 2018, but was recently expanded to include more protections for individuals with criminal history! First, we’ll look at what the law states, then highlight the new changes coming into effect on July 27, 2026!

Employer Requirements in the Hiring Process

1. Employers aren’t allowed to advertise job positions that exclude people with criminal records from applying (example: writing “no felons” in a job post) (RCW 49.94.010 (2)).

2. Employers aren’t allowed to exclude individuals with criminal history, through apolicy or practice, from a job position (RCW 49.94.010 (3)).

**New Protection: Employers aren’t allowed to reject an applicant because they didn’t mention their criminal history before receiving a conditional offer of employment (effective July 27, 2026).

3. Asking about criminal history: In the hiring process, employers aren’t allowed to include a question in any job applications, ask verbally, ask in writing, or run a criminal history background check until the employer has determined the applicant is qualified for the position (RCW 49.94.010 (1)).

**New Protection: Once an employer determines an applicant is qualified for a position, the employer must make an official offer of employment that is conditional on obtaining the applicant’s criminal history. Only then can employers ask about an applicant’s criminal history (effective July 27, 2026).

Additional Protections in the “Washington Fair Chance Act” (effective July 27, 2026)

Arrest Records and Juvenile Records

An employer isn’t allowed to take negative employment actions based on the applicant’s or employee’s arrest record or juvenile record (this doesn’t include if the applicant is out on bail or released before their trial) (RCW 49.94.010 4(a)).

Adult Convictions

An employer isn’t allowed to take negative employment actions based on the applicant’s or employee’s adult conviction record unless the employer has a legitimate business reason for doing so (RCW 49.94.010 (b)). If an employer wants to take negative employment action, they must follow a process of notification, written decision of what action will be carried out, and reasoning (RCW 49.94.010 (c)).

Exceptions to The “Washington Fair Chance Act”

Employers are allowed to request and access criminal history information under these circumstances:

● If the employer is hiring an individual who may have unsupervised access to children (minors under 18 years old), a vulnerable adult, or vulnerable person as defined by Washington Law (RCW 49.94.010 7(a)).

● Employers required by state or federal law to use an applicant’s or employee’s criminal history (RCW 49.94.010 7(b)), or entities required to comply with self-regulatory rules (RCW 49.94.010 7(e)).

● Employers of a Washington State law enforcement agency or by a criminal justice agency (RCW 49.94.010 7(c)).

● Employers seeking a volunteer (non-employee) (RCW 49.94.010 7(d)).

This act applies to employers with 15+ employees in 2026 and then January 1, 2027 will apply to employers with less than 15 employees.

Making a Complaint to L&I

If you feel an employer has violated the laws mentioned in this article (excluding criminal history protections) or is retaliating against you for filing a complaint, let L&I know.

1. First Complete the Equal Pay & Opportunities Complaint Form https://lni.wa.gov/forms-publications/F700-200-000.pdf

2. Submit the Form to L&I, One of the Following Ways:

• Upload through the Secure File Upload

• Mail the Form to L&I

• Address: Employment Standards PO Box 44510 Olympia, WA 98504-4510

• Submit in-person by bringing the form to the nearest L&I office!

Learn More at L&I’s website!: https://www.lni.wa.gov/workers-rights/wages/equal-pay-opportunities-act/index#job-applicant-protections

Making a Complaint about Criminal History - Contact Washington State Attorney General

To make a complaint that falls under “Washington’s Fair Chance Act” / Chapter 49.94 RCW, here are your options:

• Complete an online form: https://fortress.wa.gov/atg/formhandler/ago/FairChanceJobsComplaint.aspx

• Email: fairchancejobs@atg.wa.gov

• Call: (833) 660-4877 (toll free)

When looking for your next job, make sure to keep your rights in mind! Here are some steps you can take:

● Check that the job posting is from a credible source.

● Ensure that the wage or salary rate is visible in the job posting.

● Check that there’s no requirement to disclose your past salary/wage rates.

● Check that there’s no requirement to disclose your criminal history (unless required by law).

● If a driver’s license is required, make sure that driving is an official responsibility for the job.

SOURCES

• Washington State Department of Labor & Industries. “Equal Pay & Opportunities Act.” Washington State Department of Labor & Industries, Labor & Industries, 2025, www.lni.wa.gov/workers-rights/wages/equal-pay-opportunities act/index#job-applicant-protections. Accessed 13 Apr. 2026.

• Washington State Legislature. Disclosure of Wage or Salary Range by Employer—When Required—Violations—Remedies. no. RCW 49.58.110, 1 Jan. 2023, app.leg.wa.gov/RCW/default.aspx?cite=49.58.110.

• ---. Employees and Job Applicants - Criminal Records. no. Chapter 49.94 RCW, 7 June 2018, app.leg.wa.gov/RCW/default.aspx?cite=49.94.

• ---. Employer Driving Requirements. no. RCW 49.58.120, 27 July 2025, app.leg.wa.gov/RCW/default.aspx?cite=49.58.120.

• ---. Employer Seeking Wage and Salary History of Applicants Prohibited Remedies. no. RCW 49.58.100, 28 July 2019, app.leg.wa.gov/RCW/default.aspx?cite=49.58.100.

• Washington State Office of the Attorney General. “Fair Chance Act | Washington State.” Www.atg.wa.gov, Washington State Office of the Attorney General, www.atg.wa.gov/fair-chance-act.

• “Washington State Unemployment Rate Increased to 5.0% in January.” Employment Security Department News, Employment Security Department (WA), Apr. 2026, esd.wa.gov/about-us/news-release/2026/washington-state-unemployment-rate-increased-50-january.

The Paycheck You Deserve Isn’t A Privilege. It’s The Law.

Here’s The Law That’s Been On Your Side This Whole Time.

What Is the Equal Pay And Opportunities Act?

Washington State’s Equal Pay and Opportunities Act is enforced by the Washington State Department of Labor & Industries (L&I).

It protects workers from pay and career advancement practices that treat people differently based on gender or membership in a protected class. It also gives workers specific tools to understand and challenge what they’re being paid.

Protected classes include: age (40 and older), sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability.

If you fall into any of those categories, then this law is for you.

Let’s Talk About Rights You Have Whether Your Employer Tells You That You Have Them, Or Not.

Your Rights Under This Law

Equal Pay

Your gender or your membership in a protected class cannot be used to justify paying you less than someone doing similar work. And when we say similar work, we mean similar skill, effort, and responsibility, not just the same job title, while working for the same employer. If a pay difference exists, the burden is on your employer to explain why, using legitimate reasons like seniority, education, or merit.

One more thing: whatever you made at your last job cannot be used against you. Your salary history is yours. It cannot legally be used to justify paying you less.

Equal Career Advancement Opportunities

Have you ever watched someone get promoted and thought, “Why not me?” Sometimes the answer is due to qualification or seniority, but sometimes the answer is a factor your employer isn’t allowed to consider.

Your employer cannot limit your ability to move up when seeking advancement opportunities based on your gender or your protected class. This rule applies to promotions, transfers, and access to opportunities that lead to greater career satisfaction. If you are offered an internal move or promotion, you also have the right to ask for the wage scale or salary range of that new position before you say yes.

The Right to Discuss Your Wages

This one is big, and most people don’t know it.

You are legally allowed to talk about your pay with your coworkers. Your employer cannot require you to keep it secret. They cannot make you sign an agreement saying you won’t discuss it. They cannot punish you for having that conversation. That right belongs to every single worker in Washington State, including you.

Why does this matter? Because wage discrimination thrives in silence. The moment workers start talking, the gaps become visible. Your employer knows this. That’s why so many of them discourage it. Now you know you are allowed to talk about your pay with others.

And If You Speak Up? Retaliation Is Illegal Too.

This is the part that stops most people from doing anything.

The fear of what happens after you report something is real. It’s also exactly why Washington State law explicitly protects you from retaliation when you use your rights.

L&I can investigate retaliation if you’ve filed a complaint, said you intend to file, or participated in any kind of workplace investigation.

Retaliation can look like:

● Being fired, suspended, demoted or denied a promotion.

● Having your hours cut or your schedule changed.

● Getting a pay cut.

● Being written up or put on a disciplinary track.

● Having an employer threaten action based on your immigration status or a family member’s immigration status.

If any of that happens after you speak up, you may have the basis for a separate complaint based on retaliation.

❖ If you have been passed over for a promotion or raise and believe it is connected to your identity within a protected class, rather than your performance, that may be a violation reportable to L&I.

❖ If you found out a coworker doing the same job is making more than you, you have the right to ask your employer for an explanation. They are required to justify the difference, and your salary history cannot be the reason for pay differences.

❖ If your employer threatened you or took action against you after you asked about your pay or your lack of advancement opportunity, that may constitute retaliation. L&I can investigate the retaliation issue as well.

Wage violations that suppress your income don’t just hurt your paycheck. They hurt your household stability, your case plan, and your path to keeping your family together. The tone of this seems adversarial. Employees have a “right” to raise these concerns, make these inquiries, and even file complaints, but I wouldn’t characterize that right as a “fight.”

Did you learn something new in this post? Share it with others!

SOURCES

● L&I public website: Lni.wa.gov/equalpay

Wage & Hour Rights

Getting paid correctly for every hour you work is not a favor — it is the law. Here is what Washington State requires.

Institute for Black Justice L&I Grant Series· Wage & Hour Rights · 2026

The 2026 Minimum Wage

Effective January 1, 2026, the Washington State minimum wage is $17.13 per hour for workers age 16 and older. Workers aged 14 to 15 may be paid $14.56 per hour. These rates apply to virtually all workers in the state, including part-time, temporary, and seasonal employees.

What Counts as “Hours Worked”?

Under Washington State Department of Labor & Industries (L&I) Administrative Policy ES.C.2, time is compensable if it meets a three-part test: (1) the work is authorized or required by the employer; (2) the employee is on duty or at a prescribed workplace; and (3) the employee is not completely relieved from duty.

Compensable Time Includes

• Travel time between job sites during the workday

• Mandatory training and orientation sessions

• Time spent waiting at an employer-required location

• Preparatory activities required before the main work begins

• On-call time where the worker cannot use the time freely

Meal and Rest Breaks

Under L&I Administrative Policy ES.C.6.1, Washington workers have clear break rights. Employers must provide a 30-minute meal period for shifts over 5 hours, it is only unpaid if the worker is completely relieved from all duties. Employers must also provide a paid 10-minute rest break for every 4 hours worked. Rest breaks cannot be waived.

[IBJ TIP] For Parents Impacted by the Child Welfare System

For parents with cases involving the Department of Children and Families (DCFS), wage and hour violations can create a cascade of harm that reaches far beyond your paycheck.

◆ Court dates and DCFS appointments count as time away from work. If your employer docks your pay or retaliates for attending required hearings, that is a potential labor violation. Document every absence related to your case.

◆ Unpaid breaks add up. If you are working through meal breaks without compensation, that money is recoverable through an L&I wage complaint, sometimes with up to three years of back pay.

◆ Your pay stubs are evidence. If they do not reflect your actual hours worked, that discrepancy may point to a wage violation.

◆ $17.13/hour is the floor. If you are being paid less, your household income is directly suppressed in a way that affects your case plan. Report it.

[IBJ TIP] For People with a Criminal History

Washington’s wage and hour laws apply to every worker in the state, including people in work release, reentry employment, or working while on community supervision.

◆ Workers in work release programs or reentry jobs are still entitled to $17.13/hour and all break protections.

◆ Employer tax incentives for hiring people with records do not reduce your legal right to full wage protections.

◆ Records vacatur can make a concrete difference in your wage trajectory. IBJ can evaluate your eligibility.

◆ Washington’s wage complaint statute of limitations is generally three years. Even past work release employment may be within the window.

INSTITUTE FOR BLACK JUSTICE About IBJ

The purpose of Institute for Black Justice (I.B.J) is to relentlessly pursue equity and justice for all.

The IBJ’s mission is three-fold:

• to be an advocate for fairness and equity;

• to be an accelerator of justice system transformation; and,

• to be an accomplice to credible social justice influencers and the communities they serve.

TRUE JUSTICE. NO EXCEPTIONS.

1120 Pacific Ave, Ste 205, Tacoma WA 98402 | 253-271-6859 KnowYourRights@instituteforblackjustice.org | www.instituteforblackjustice.org

This article is based on Washington State Administrative Policy ES.C.2 (Hours Worked) and ES.C.6.1 (Meal and Rest Periods), and the 2026 minimum wage announcement from L&I. It is informational and does not constitute legal advice.

SOURCES

ES.C.2 Hours Worked (L&I)· ES.C.6.1 Meal & Rest Periods · FY26-120 Minimum Wage Announcement · WAC 296-126-092 · RCW 49.94.010

Source: L&I ES.C.2 Hours Worked · ES.C.6.1 Meals & Rest Policy · WAC 296-126

Workers’ Rights: An Overview

Every person who works in Washington State has rights, regardless of immigration status, how many hours you work, or what kind of job you have.

What Are Workers’ Rights?

Workers’ rights are legal protections that apply to workers who perform work in Washington state. These rights are established by state and federal law and enforced by the Washington State Department of Labor and Industries (L&I). L&I protects and enforces your rights as a worker by monitoring pay practices, enforcing safety standards/working conditions, and enforcing protections against retaliation and discrimination for those who report or object to unfair labor practices in their workplace.

Your Core Rights at a Glance

Wage Protections

• $17.13 per hour minimum wage in 2026 (WAC 296-128).

• Overtime pay at 1.5x your regular rate after 40 hours per week (RCW 49.46.130).

• Protection from unlawful wage deductions.

• Right to receive all wages owed on time.

Workplace Safety

• Right to a safe workplace under Washington’s Industrial Safety and Health Act (WISHA, RCW 49.17).

• Right to report hazards to L&I, including anonymously.

• Right to refuse work that poses imminent danger to life or health.

• Protection from retaliation for raising safety concerns.

Equal Pay & Non-Discrimination

• Right to equal pay regardless of gender or membership in a protected class for similar work.

• Right to discuss wages with coworkers without penalty.

• Employer cannot ask about your prior salary history.

• All job postings must include salary range (employers with 15+ employees).

Who Enforces These Rights?

The Washington State Department of Labor and Industries (L&I) enforces wage and hour laws, workers’ compensation, workplace safety, and the Equal Pay and Opportunities Act. L&I investigates complaints, conducts audits, issues citations, and requires employers to pay back wages plus interest.

You can reach L&I Employment Standards at 1-866-219-7321 or esgeneral@Lni.wa.gov. Interpretation and translation services are available at no cost to you. Visit www.Lni.wa.gov/workers-rights for more information.

[IBJ TIP] For Parents Impacted by the Child Welfare System

If you are a parent involved in a child welfare action filed by the Department of Children Youth and Families, your employment status may impact the outcome of your case. Courts, caseworkers, and service plans may treat stable employment as an indicator of progress and compliance which means knowing your workplace rights may directly affect your family’s ability to reunify.

◆ If you have been fired, had your hours reduced, or believe you have experienced retaliation for taking accrued paid sick leave or other protected leave, such adverse action may violate your workplace rights.

◆ Workers can use accrued paid sick leave for absences that qualify for leave under the domestic (interpersonal) violence leave act, and to prepare for or participate in any judicial or administrative immigration proceeding involving the employee or employee’s family member.

◆ If the Department of Children Youth & Families requires proof of employment or income, your pay stubs and records of hours worked are documents you have the legal right to access and request from your employer.

◆ If housing instability is part of your case, stable income is a key factor, and wage theft or illegal deductions directly undermine that stability. Such violations are reportable and may be recoverable.

[IBJ TIP] For People with Criminal History

Every worker right in this series applies to you, regardless of your criminal history. Washington law does not allow employers to use a conviction or arrest to strip away your wage protections, your right to a safe workplace, or your right to be free from retaliation.

◆ Washington’s Fair Chance Act (RCW 49.94.010) prohibits employers from asking about your criminal history until after they have determined you are otherwise qualified and made a conditional job offer.

◆ Starting July 1, 2026, employers with 15 or more employees must conduct an individualized assessment before rejecting you based on a conviction, hold the position open for at least two business days, and provide a written explanation if you’re rejected.

◆ An arrest record, including a pending charge you were never convicted of, cannot be used against you by a covered employer. Juvenile records are also protected.

◆ If your record is vacated, sealed, or expunged, you generally do not have to disclose it. IBJ’s records vacatur services can help you understand which convictions may be eligible.

◆ If you believe an employer violated the Fair Chance Act, you can report it to the Washington State Attorney General’s office. Civil penalties and compensatory damages are available.

INSTITUTE FOR BLACK JUSTICE - About IBJ

The purpose of Institute for Black Justice (I.B.J) is to relentlessly pursue equity and justice for all.

The IBJ’s mission is three-fold:

• to be an advocate for fairness and equity;

• to be an accelerator of justice system transformation; and,

• to be an accomplice to credible social justice influencers and the communities they serve.

TRUE JUSTICE. NO EXCEPTIONS.

1120 Pacific Ave, Ste 205, Tacoma WA 98402 | 253-271-6859 KnowYourRights@instituteforblackjustice.org | www.instituteforblackjustice.org

This article provides general information about Washington State workers’ rights and is not legal advice. If you believe your rights have been violated, we encourage you to contact L&I or speak with a qualified labor attorney. The Institute for Black Justice can help connect you with resources.

SOURCES

L&I Quick Guide to Workers’ Rights ·2026 Minimum Wage Announcement (FY26-120) · RCW 49.46 · RCW 49.12 · RCW 49.94.010 (Fair Chance Act)