Washington’s Revised Personnel File Law: Practical Considerations for Employers

Seyfarth Synopsis: Washington’s personnel file law (RCW 49.12.240, 49.12.250, 49.12.260, and 49.12.261), amended effective July 27, 2025, marks a significant overhaul in an employer’s obligations pertaining to employee’s personnel records. The revised law broadens the scope of records required to be accessible to employees, introduces stringent production timelines. The revised law also creates a private right of action for violations of the law and associated damages and fee-shifting provisions. As businesses navigate the new requirements, the need to manage personnel files with accuracy and promptness has become more crucial than ever. Employers who fail to align their practices with these updated requirements face the potential for litigation.

Washington employers should review and update their existing personnel file record policies to reflect the new legal standards. Employers should also develop internal protocols that enable them to adhere to the law’s changes. Enhancing systems and processes to facilitate efficient management and retrieval of personnel records is essential in reducing legal exposure.

Questions and Answers about the Revised Law

What must now be in personnel records in Washington?

The new session law at Substitute House Bill 1308 amends RCW 49.12.240 to create a definition of the term “personnel file.” “Personnel file” includes:

• All job application records;
• All performance evaluations;
• All nonactive or closed disciplinary records;
• All leave and reasonable accommodation records;
• All payroll records; and
• All employment agreements.

Employers need not create personnel records to comply with the law.

The law also does not supersede federal and state privacy statutes regarding non-disclosure. We therefore recommend that employers implement redaction protocols to protect privileged or confidential information before production.

Who can now request personnel records?

Under the revised law, the right to request access to personnel records is extended to a broader group: current employees; former employees within three years of their separation; and authorized representatives.

What is the production timeline?

Through the revised law, Washington has imposed, for the first time,  a specific response deadline. Employers must provide copies of requested records within 21 calendar days of receiving a request. This replaces the previous, more ambiguous standard of production within a “reasonable time.”

What is required in the written statement associated with a termination of employment and by when?

Former employees have the right to request a written statement that details their termination date and the reasons for their termination. This statement must also be provided within ten (10) days of the request.

Can employers charge for the production?

The law prohibits employers from charging for copies of these records.

What are the legal ramifications of non-compliance?

The revised law creates a new private right of action allowing employees to recover attorneys' fees and statutory damages for their employer’s non-compliance. Non-compliance can lead to statutory damages ranging from $250 to $1,000 per violation and the potential for attorneys’ fees and equitable relief.

Given the litigation risk, we recommend maintaining an audit trail of the date of the employee’s request, the date of the employer’s receipt of the request, and the date of the employer’s response and production.

Recommendations for Employers

To effectively navigate these changes, we recommend employers consider the following:

1. Update Policies and Handbooks

Employers should consider revising existing policies and employee handbooks to incorporate the new 21-day deadline for responding to personnel file requests and the expanded scope of records that must be produced if they exist. Employers should consider revising their policies and handbooks to clearly communicate the procedures for making requests and for responses.

2. Develop Training Programs

Employers should consider developing training programs for human resources and in-house legal teams that cover the new timelines, privacy safeguards, and, if necessary, the procedures for handling correction or rebuttal requests that were part of existing law.

3. Enhance Personnel Records Systems

Employers should evaluate and upgrade document management systems to facilitate rapid retrieval of all required records. For example, employers should consider implementing indexing and tagging systems for quick access to and production of responsive records.

4. Develop or Revise Redaction and Privacy Protocols

Employers should consider developing and implementing documented redaction protocols to ensure privileged or confidential information within the expanded scope of personnel records under Washington law is properly protected. For example, these protocols may outline specific steps for identifying, reviewing, and removing sensitive data before disclosure.

5. Update Litigation Hold Procedures

The intersection of revised law with litigation discovery obligations can present additional challenges. We recommend employers preserve personnel files when litigation is anticipated and integrate the revised law’s content requirements into their litigation hold procedures.

6. Prepare for Increased Requests

Employers should prepare for an increase in personnel records’ requests and potential litigation. Employers should ensure sufficient staff and resources are dedicated to handle the new requirements and anticipate an increase volume of requests.

For further insight into how Substitute House Bill 1308 may affect your business or for associated legal advice, please reach out to the authors of this update or your Seyfarth attorney. Additional insight is also available on the Department of Labor & Industries’ website here.