Some job descriptions and ads have impressive longevity. They have survived three supervisors, two software changes and several rounds of “just use the posting from last time.”
Unfortunately, longevity does not guarantee accuracy. Washington’s hiring rules have changed, and some familiar language and routines deserve a fresh look. Before you recycle that next posting, pour yourself a cup of coffee and check three areas.
Does your cashier really need a driver’s license?
If your cashier makes deliveries, perhaps. If the driving involved is getting to work, that is a different conversation. A delivery driver? That connection is clear. Someone ringing up purchases behind a counter? A license requirement probably needs to leave the description.
Since July 27, 2025, Washington employers cannot require a valid driver’s license as a condition of employment, or include that requirement in a posting, unless driving is an essential job function or serves a legitimate business purpose for the position.
Review your minimum qualifications, application questions and posting templates. Ask what the employee actually needs to do. Getting to work reliably does not automatically require driving there.
And yes, a driver’s license can still serve as an acceptable identity document for Form I-9. Employees choose which acceptable documents to present; the license establishes identity, rather than employment authorization by itself.
A background check needs the right place in line
The updated Washington Fair Chance Act changes both when employers can check criminal history and how they respond to the results, making a “best practice” now the rule.
The changes took effect July 1, 2026 for employers with 15 or more employees. Employers with fewer than 15 employees join them January 1, 2027.
For covered positions, first determine that the candidate meets the basic qualifications and extend a conditional offer. Then inquire about criminal history or run the criminal background check. Certain positions are exempt, including some involving unsupervised access to children or vulnerable adults and positions subject to specific legal requirements.
The results of the check also require thoughtful handling. Arrest records without convictions and juvenile conviction records generally cannot support an adverse employment decision, although the law includes a limited exception for certain pending adult cases. Separately, Washington law allows people with vacated convictions to state on employment applications that they were never convicted of those crimes.
An adult conviction calls for an individualized assessment tied to a legitimate business reason. Consider the conduct, time elapsed, job duties and information about rehabilitation, education and work experience. Document that assessment.
Before taking adverse action, identify the record causing concern and hold the position open for at least two business days, giving the person a reasonable opportunity to explain or correct it. If you proceed, provide a written decision documenting your reasoning and consideration of the relevant factors. Other background-check requirements may require additional steps or time.
There is another paperwork update: telling an applicant about a post-offer background check triggers requirements to provide a written summary of specified protections and the attorney general’s Fair Chance Act guide.
Many employers already practiced individualized review. Now, the process needs to be built into the hiring routine.
Give your job posting a pay check
The Equal Pay and Opportunities Act has updates, too. Rules effective earlier this year clarify that an applicant includes anyone applying to a posting for a specific available position. Applicants have protections under the act before their first day on payroll.
For employers with 15 or more employees, postings must include the wage scale or salary range, plus general descriptions of benefits and other compensation, as has been law. Clarification came regarding a position having a fixed wage. If that’s the case, disclose that amount. No creative range required.
There is also an opportunity to fix posting mistakes. Through July 2027, employers receiving written notice of a noncompliant posting have five business days to correct it and, when applicable, demand correction from the third-party posting service.
Digital copies republished without the employer’s consent are excluded from the posting definition. That differs from an advertisement you authorized someone to publish.
Your next step is manageable: review the templates, update the sequence and bring everyone who hires into the conversation. Talk with your legal team about the changes, too.
That old posting may have served you well. Give it a refresh before it recruits your next employee.
Monica Blackwood is the President and CEO of West Sound Workforce, a locally owned staffing firm serving employers and job seekers throughout the Puget Sound region. West Sound Workforce provides temporary, temp-to-hire, and direct-hire staffing services with a focus on alignment, performance, and long-term success.
