The bill amends existing Washington state laws regarding employee access to personnel records, specifically RCW 49.12.240 and 49.12.250. It mandates that employers must allow employees to inspect their personnel files annually upon request and provides a detailed definition of what constitutes a "personnel file," including job applications, performance evaluations, and payroll records. Employers are required to provide copies of these files within 21 calendar days at no cost, and they must also furnish a signed statement regarding the reasons for a former employee's discharge upon request. Additionally, the bill clarifies that it does not create a retention schedule for records or require employers to create personnel records.
Furthermore, the bill introduces a new section that allows employees and former employees to enforce their rights under the amended law through a private cause of action in superior court. It establishes statutory damages for violations, which range from $250 to $1,000 depending on the timeliness of the employer's response to requests for personnel files. Before initiating legal action, employees must provide a notice of intent to sue, allowing employers a five-day period to respond. This legislative change aims to enhance transparency and accountability in employer-employee relationships regarding personnel records.
Statutes affected: Original Bill: 49.12.240, 49.12.250
Substitute Bill: 49.12.240, 49.12.250
Bill as Passed Legislature: 49.12.240, 49.12.250
Session Law: 49.12.240, 49.12.250