What happened?

On May 13, 2025, Washington Governor Bob Ferguson signed Substitute House Bill 1308 into law, establishing new employee rights and employer obligations regarding access to personnel records, and replaces prior guidance under WAC 296-126-050 and the Department of Labor and Industries.

Overview:

• Defined “Personnel File”: For the first time, Washington law defines what constitutes a personnel file. It includes job applications, performance evaluations, disciplinary records, leave and accommodation records, payroll records, and employment agreements—if such records exist.

• 21-Day Deadline: Employers must provide a copy of the personnel file within 21 calendar days of a request from an employee, former employee (separated within 3 years), or their designee.

• No-Cost Access: Records must be provided free of charge.

• Discharge Statement Requirement: Upon written request, employers must provide a signed statement to former employees detailing the date and reason for discharge, if applicable, within 21 days.

• Right to Rebut: Employees may request removal of irrelevant or incorrect information. If denied, they may submit a written rebuttal to be included in the file. Former employees retain this right for up to 2 years post-separation.

• Private Right of Action: Employees may sue for noncompliance after providing a 5-day notice of intent to sue, which must include or follow the original request.

• Penalties:
  • $250 if records are not provided within 21 days.
  • $500 if not provided within 28 days.
  • $1,000 if not provided within 35 days.
  • $500 for other violations
  • Prevailing employees may also recover attorneys’ fees and equitable relief.

• Public Employers: Agencies covered by the Public Records Act (RCW 42.56) must comply with that law instead.

Source References

• Washington SHB 1308 – AN ACT Relating to access to personnel records; amending RCW 49.12.240 and 49.12.250; adding a new section to chapter 49.12 RCW; and prescribing penalties

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