The Washington State Department of Labor & Industries has adopted updates to its personnel file rules to align with recent changes in state law under Substitute HB 1308. The revised rule, WAC 296-126-050, will take effect May 1, 2026.
The update requires employers to provide current or former employees access to their personnel files within 21 calendar days of a request. It also clarifies what materials may be considered part of a personnel file, offering additional guidance for both employers and workers.
Another key change allows employees and former employees to pursue legal action if employers do not comply with access requirements. This adds a new level of accountability tied to the handling and timely release of personnel records.
For WR members, the rule change underscores the importance of reviewing internal policies and procedures related to employee records. Ensuring compliance with the updated timeline and maintaining clear documentation practices may help reduce potential legal risk.
WR encourages employers to familiarize themselves with the new requirements ahead of the May 1 implementation date to ensure a smooth transition and continued compliance with state regulations.
