On may 13, 2025, washington state enacted substitute house bill (shb) 1308, which goes into effect on july 27, 2025 Washington state law requires employers to keep employees' payroll records for at least three years This new law amends rcw 49.12.240 and 49.12.250, significantly changing employer’s obligations regarding employee access to personnel files.
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Under substitute house bill 1308 (hb 1308), public agencies are now advised to treat personnel file requests from employees, former employees, and their designees as public records act (pra) requests, subject to the procedures and requirements outlined in 42.56 rcw.
Washington state has updated its personnel file laws, now defining what qualifies as a personnel file, setting strict timelines for access, and adding penalties for noncompliance
Employers must act by july 27, 2025. Any employer subject to the requirements under chapter 42.56 rcw shall provide a copy of personnel file (s) when requested by the employee, former employee, or their designee in accordance with the procedures and requirements set forth in chapter 42.56 rcw. Under washington payroll laws, employers are required to keep employee payroll records on file for at least three years in either an electronic / digital or written format This information includes things such as
Under federal law, employers must keep employee personnel files for at least one year for business or legal purposes. This bill was signed into law by governor ferguson on may 13, 2025 It will be effective july 27, 2025 The washington legislature has passed a new law affecting employers’ obligations related to employee personnel files
The new law amends rcw 49.12.240 and 49.12.250 in four important ways
Current employees continue to have the legal right to inspect their personnel file at least once per year Employers must provide access within 21 calendar days of their request This replaces the previous, vague standard of responding within a reasonable time.
