Important Amendments to Washington's Law on Employee Personnel Files
AI Team
Jul 17, 2025 11:53:48 AM
On May 13, 2025, Governor Bob Ferguson signed into law Substitute House Bill (SHB) 1308 to amend Washington’s Industrial Welfare Act. The new law amends RCW 49.12.240 and 49.12.250 to provide much-needed guidance for employers related to employee requests for personnel files and termination information. These changes take effect on July 27, 2025.
Here are four significant changes that employers should know about the new law:
- The law amends RCW 49.12.240 to create a definition of the term “personnel file” for the first time. The term “personnel file” now specifically includes the following types of records (if such records are maintained by the employer):
- All job application records;
- All performance evaluations;
- All non-active or closed disciplinary records;
- All leave and reasonable accommodation records;
- All payroll records; and
- All employment agreements.
The new law significantly pares down the Department’s previous guidance regarding which documents should be included in personnel records. The law does not require employers to retain or create personnel records, though employers may have an obligation to create certain categories of records (such as payroll records) under other applicable laws.
-
The new law amends RCW 49.12.250 to require employers to provide a copy of the personnel file(s) within 21 calendar days of an employee’s or former employee’s request, at no cost to the employee or former employee. Until now, employers only had to make the files available for inspection (not an actual copy) within a “reasonable time,” which the Washington Department of Labor and Industries previously interpreted to mean 10 days.
A "former employee" is defined as a person who separated from the employer within three (3) years of the date of the request.
- The new law also amends RCW 49.12.250 to require employers, upon written request, to furnish former employees with a written statement stating the date of the former employee’s discharge; whether the employer had a reason for the discharge; and if so, the reason for the discharge. A variation of this requirement already exists under WAC 296-126-050.
- The new law also creates a new private right of action allowing employees to recover equitable relief, statutory damages ranging from $250 to $1,000, as well as reasonable attorneys’ fees and costs for their employer’s non-compliance. Before suing, however, the employee must give the employer five calendar days’ notice of intent to sue. The notice must inform the employer that the employee or former employee has the right to bring a legal action. It also must give the employer the initial request for a copy of the personnel file.
Washington employers should ensure that their policies and practices are aligned with the new requirements of SHB 1308 in advance of the law’s July 27, 2025 effective date.
If you have any questions regarding this or any other employment issue, please contact Member Care at 509-777-2727 or membercare@aiin.com and speak with one of our HR professionals