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HB1308 • 2026
Concerning access to personnel records.
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
Access to personnel records
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316 • Schmidt
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1308-S AMH ....
317 • Schmidt
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1308-S AMH ....
318 • Schmidt
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1308-S AMH ....
287 • Braun
Plain English: 1308-S AMS BRAU S2667.1 SHB 1308 - S AMD 287 By Senator Braun NOT ADOPTED 04/09/2025 On page 3, beginning on line 8, after " (1)" strike all material 1 through "violations" on line 32 and insert "The department shall 2 enforce the requirements in RCW 49.12.250(1).
288 • King
Plain English: 1308-S AMS KING S2668.1 SHB 1308 - S AMD 288 By Senator King NOT ADOPTED 04/09/2025 On page 2, beginning on line 8, after " (1)" strike all material 1 through "(a) The" on line 10 and insert "Each" 2 On page 2, at the beginning of line 15, strike " (b) The" and 3 insert "Each" 4 On page 2, beginning on line 20, strike all of subsection (2)5 On page 2, at the beginning of line 26, strike "(( (2))) (3)" and 6 insert "(2)" 7 On page 2, line 27, after "employer" strike " under subsection (1) 8 or (2) of this section" 9 On page 3, at the beginning of line 3, strike " (4)" and insert 10 "(3)" 11 EFFECT: Requires employers subject to the public records act (state and local agencies) to provide a personnel file in the same manner as a private employer under the bill, rather than in accordance with the public records act.
289 • King
Plain English: 1308-S AMS KING S2666.1 SHB 1308 - S AMD 289 By Senator King ADOPTED 04/09/2025 On page 1, line 18, after "records;" insert "and"1 On page 1, beginning on line 19, after " agreements" strike all 2 material through "file" on line 21 3 EFFECT: Removes "All other records designated by the employer as part of the employee's personnel file" from the listed items included in the "personnel file," thereby limiting the scope of the bill's requirements to the other items specifically listed.
1st substitute bill substituted.
Access to personnel records
AN ACT Relating to access to personnel records; amending RCW 1 49.12.240 and 49.12.250; adding a new section to chapter 49.12 RCW; 2 and prescribing penalties. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4 Sec. 1. RCW 49.12.240 and 1985 c 336 s 1 are each amended to 5 read as follows: 6 (1) Every employer shall, at least annually, upon the request of 7 an employee, permit that employee to inspect any or all of ((his or 8 her)) the employee's own personnel file (s) within the time required 9 under RCW 49.12.250.10 (2) For the purposes of this section and RCW 49.12.250, 11 49.12.260, and section 3 of this act, "personnel file" includes the 12 following records, if the employer creates such records:13 (a) All job application records;14 (b) All performance evaluations;15 (c) All nonactive or closed disciplinary records;16 (d) All leave and reasonable accommodation records;17 (e) All payroll records;18 (f) All employment agreements; and19 (g) All other records designated by the employer as part of the 20 employee's personnel file.21 H-0081.1 HOUSE BILL 1308 State of Washington 69th Legislature 2025 Regular Session By Representatives Reed, Fosse, Alvarado, Thai, Doglio, Cortes, Mena, Obras, Scott, Taylor, Macri, Ortiz-Self, Pollet, Salahuddin, Berry, Duerr, Reeves, Goodman, Street, Simmons, Walen, Ormsby, Ramel, Nance, and Parshley Read first time 01/15/25. Referred to Committee on Labor & Workplace Standards. p. 1 HB 1308 (3) This section and RCW 49.12.250 may not be construed to:1 (a) Create a retention schedule for records;2 (b) Require an employer to create personnel records; or3 (c) Supersede Washington state or federal privacy statutes 4 mandating nondisclosure. 5 Sec. 2. RCW 49.12.250 and 1985 c 336 s 2 are each amended to 6 read as follows: 7 (1) Each employer shall ((make such)) provide a copy of personnel 8 file(s) ((available locally)) within ((a reasonable period of time )) 9 21 calendar days after the employee , former employee, or their 10 designee requests the file (s) at no cost to the employee, former 11 employee, or their designee. 12 (2) An employee annually may petition that the employer review 13 all information in the employee's personnel file (s) that are 14 regularly maintained by the employer as a part of ((his)) the 15 employer's business records or are subject to reference for 16 information given to persons outside of the company. The employer 17 shall determine if there is any irrelevant or erroneous information 18 in the file (s), and shall remove all such information from the 19 file(s). If an employee does not agree with the employer's 20 determination, the employee may at ((his or her )) the employee's 21 request have placed in the employee's personnel file a statement 22 containing the employee's rebuttal or correction. Nothing in this 23 subsection prevents the employer from removing information more 24 frequently. 25 (3) A former employee shall retain the right of rebuttal or 26 correction for a period not to exceed two years. 27 (4) Every employer must, within 21 calendar days of receiving a 28 written request from a former employee or their designee, furnish a 29 signed written statement to the former employee or their designee 30 stating the effective date of discharge, whether the employer had a 31 reason for the discharge, and if so, the reasons.32 (5) For the purposes of this section, "former employee" means a 33 person who separated from the employer within three years of the date 34 of the person's request.35 NEW SECTION. Sec. 3. A new section is added to chapter 49.12 36 RCW to read as follows: 37 p. 2 HB 1308 (1)(a) An employee or former employee may enforce RCW 49.12.240 1 through 49.12.260 through a private cause of action in superior court 2 and for each violation will be entitled to equitable relief, 3 statutory damages, and reasonable attorneys' fees and costs.4 (b) Prior to enforcing through a private cause of action, the 5 employee or former employee shall give a notice of intent to sue to 6 the employer. The notice of intent to sue must reference that the 7 employee or former employee has the right to bring a legal action 8 under Washington state law. The notice of intent to sue may be 9 provided to the employer with the initial request for a copy of the 10 personnel file or anytime thereafter. No cause of action arising from 11 the failure to provide the complete personnel file may be commenced 12 until five calendar days have elapsed after the notice of intent to 13 sue is provided to the employer. 14 (2) The statutory damages for each violation are:15 (a) $250 if the complete personnel file or the statement required 16 under RCW 49.12.250(4) is not provided within 21 calendar days of the 17 request; 18 (b) $500 if the complete personnel file or the statement required 19 under RCW 49.12.250(4) is not provided within 28 calendar days of the 20 request; 21 (c) $1,000 if the complete personnel file or the statement 22 required under RCW 49.12.250(4) is provided later than 35 calendar 23 days of the request; and 24 (d) $500 for any other violations. 25 --- END --- p. 3 HB 1308