Bill > HB1308

This bill enhances employees' rights to access their personnel records by amending existing Washington state law. The bill defines "personnel file" to include job applications, performance evaluations, disciplinary records, leave records, payroll records, and employment agreements. Employers must now provide employees or former employees with a complete copy of their personnel file within 21 calendar days of request, at no cost. For employers subject to public disclosure laws (chapter 42.56 RCW), existing disclosure procedures will apply. The bill introduces a new enforcement mechanism allowing employees to take legal action if an employer fails to provide records, with a graduated penalty structure: $250 for delays up to 28 days, $500 for delays up to 35 days, and $1,000 for delays over 35 days. Before filing a lawsuit, employees must provide a notice of intent to sue and wait five calendar days. The bill explicitly states that it does not create record retention requirements or compel employers to create personnel records, and it does not override existing privacy statutes. A "former employee" is defined as someone who separated from the employer within three years of the records request. The legislation aims to increase transparency and provide employees with easier access to their employment documentation.