Document dated Apr. 22, 2025, was received on Apr. 30, 2025, due to a fixed feed.
Legislative Provisions
Industrial welfare act (IWA) modified requirements on disclosure of personnel files.
Added definition of personnel file to include records, if employer creates records, job application records; performance evaluations; nonactive, closed disciplinary records.
Also, all leave, reasonable accommodation records; all payroll records; all employment agreements; other records designated by employer as part of employee personnel file.
Bill does not create a retention schedule for records, require an employer to create personnel records, supersede State, federal privacy laws regarding nondisclosure.
Employer not subject to Public records act (PRA) (private employer) must provide copy of personnel file within 21 calendar days after employee (former, designee) requests.
Must, within 21 calendar days of written request from former employee furnish signed written statement stating effective date of discharge, if had reason, if so, the reasons.
Employee or former, may enforce requirement for a private employer to disclose a personnel record, provide written discharge statement, a private cause of action.
Include equitable relief, statutory damages, reasonable attorneys' fees, costs; prior to bringing action, employee, former must give a notice of intent to sue private employer.
Statutory Damages
$250 if complete personnel file, statement is not provided within 21 days of request; $500 if complete personnel file, statement is not provided within 28 days of request.
$1k if personnel file, statement is provided later than 35 days, $500 other violations.
Legislative History
On Jan. 15, 2025, bill introduced into House; on Mar. 7, 2025, bill passed the House.
On Mar. 11, 2024, bill introduced into Senate; on Apr. 9, 2025, bill passed Senate.
On Apr. 17, 2025, House concurred amendments; on Apr. 22, 2025, sent to governor.
Effectiveness
Bill takes effect 90 days after adjournment of the session in which the bill is passed.
May 2025 WAS LEG Governor Approval
On May 13, 2025, WAS LEG governor signed bill into law (Ch. 273), eff. Jul. 27, 2025.
Document dated May 13, 2025, was received on May 16, 2025, due to a fixed feed.
