On May 13, 2025, Washington State enacted Substitute House Bill (SHB) 1308, which goes into effect on July 27, 2025. This new law amends RCW 49.12.240 and 49.12.250, significantly changing employer’s obligations regarding employee access to personnel files. It replaces prior Washington State Department of Labor and Industries (L&I) guidance and related Washington Administrative Code (WAC) rules, introduces new deadlines, and creates new risks for noncompliance, including a new private cause of action for employees against noncompliant employers.
Quick Hits
- 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...
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