• SHB 1308 takes effect on July 27, 2025, amending state laws RCW 49.12.240 and RCW 49.12.250 and superseding prior L&I guidance and WAC rules regarding personnel file access.

• Washington State previously allowed employees to request certain personnel records from their employers. The new amendment extends the deadline for employers to respond to personnel file requests to 21 calendar days, which is longer than the “reasonable period” standard that was previously interpreted by L&I as 10 business days.

• SHB 1308 introduces a private cause of action, statutory damages, and attorneys’ fees remedies against employers that do not comply.

Key Provisions of SHB 1308

Effective Date and Supersession of Prior Guidance

The new law becomes effective on July 27, 2025, and supersedes state regulation WAC 296-126-050 as well as previous L&I guidance, which was often interpreted as requiring broader access and faster response times. The new law narrows the definition of “personnel file” and clarifies the types of records to which employees are entitled.

Definition of Personnel File

The new law amends RCW 49.12.240 and defines “personnel file” to include:

“(a) All job application records;

(b) All performance evaluations;

(c) All nonactive or closed disciplinary records;

(d) All leave and reasonable accommodation records;

(e) All payroll records; and

(f) All employment agreements.”

The law does not require employers to create records they do not already maintain, nor does it...

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