As many Washington employers are acutely aware, there exists sparse statutory guidance on how employers must respond to personnel file requests by their employees – and no statutory definition of what constitutes a “personnel file” in the first place. As a result, Washington employers are left to rely on broad guidance published by the Washington Department of Labor and Industries (“Department”) to fill in the gaps. That is about to change.
On May 13, 2025, Governor Bob Ferguson signed into law Substitute House Bill (SHB) 1308 to amend Washington’s Industrial Welfare Act. These updates incorporate much-needed guidance for employers when it comes to employee requests for personnel files and termination information. These changes take effect on July 27, 2025.
Amendments to RCW 49.12.240: Definition of a “Personnel File”
Revised Code of Washington chapter 49.12.240 will now define a “personnel file” to include the following records:
Notably, this differs from current Department guidance, which defines a personnel record to include a broad array of documents, including “records of employment and such other information required for business or legal purposes; documents containing employees’ qualifications; verification of training completed; signed job descriptions;...
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