The bill amends existing Washington state law regarding employee access to personnel records, specifically RCW 49.12.240 and 49.12.250, and introduces a new section to chapter 49.12 RCW. Key changes include the requirement for employers to allow employees to inspect their personnel files annually and to provide copies of these files within 21 calendar days of a request, at no cost. The definition of "personnel file" is expanded to include various records such as job applications, performance evaluations, and payroll records. Additionally, the bill clarifies that employers are not required to create personnel records or establish a retention schedule for them.
Furthermore, the bill establishes a private cause of action for employees and former employees to enforce their rights under the amended sections, allowing them to seek equitable relief, statutory damages, and attorney fees in superior court. It outlines specific penalties for employers who fail to comply with the provisions, including damages of $250 for late responses and escalating amounts for further delays. The bill also mandates that employees provide a notice of intent to sue before initiating legal action, ensuring that employers are given an opportunity to address the issue.
Statutes affected: Original Bill: 49.12.240, 49.12.250