Washington’s Industrial Welfare Act (“IWA”) (RCW 49.12) was recently amended to strengthen employee access to personnel files.
Key Takeaways for Employers
What changed: Four major updates:
- Personnel file defined – The law now specifies what a “personnel file” includes, clarifying employer recordkeeping obligations.
- 21-day response deadline – Employers must provide an employee (or their designee) access to the file within 21 days, at no cost. Previously, employers only had to make it “available locally” within a “reasonable time.”
- Former employee rights – Upon written request, employers must provide a signed statement with the employee’s discharge date and reasons (if any) for termination. Previously, this statement was due within 10 days.
- New enforcement – Failure to comply creates a private cause of action against the employer.
Who is affected:
Nearly all Washington employers and employees, with limited exceptions.
Effective date:
July 27, 2025.
What Employers Should Do Now:
- Update recordkeeping policies to ensure compliance with the expanded definition of “personnel file.”
- Revise access procedures to guarantee timely responses to requests from current and former employees.
- Train HR staff on new obligations and potential liability for noncompliance.
Williams Kastner’s Labor & Employment team is available to review your policies and help ensure compliance.
Stay tuned for information on our upcoming Labor & Employment seminar this spring! We will share details as soon as they are available.