New Washington Law SHB 1308: What Businesses Need to Know About Employee Record Requests

New Washington Law SHB 1308: What Businesses Need to Know About Employee Record Requests 

Washington State has passed a new law that will affect how businesses manage employee records. The law, Substitute House Bill 1308 (SHB 1308), went into effect on July 27, 2025.
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This bill grants employees greater rights to access their personnel files and provides them with new tools to correct or respond to information in those records. It also makes employers follow new rules regarding how and when they must provide those files. 

Effects on Washington Businesses
SHB 1308 will affect businesses in Washington in several ways.

1. Increased compliance burden
   Companies will need to revise or create new internal procedures for handling personnel file requests, from request intake, record retrieval, redaction/review, delivery, and tracking deadlines.
2. Need for HR training and systems updates
   HR staff and managers will need training on the new definitions, timelines, and legal obligations. Systems (HR software, document storage, and file indexing) may require updates to ensure easy retrieval of relevant records.
3. Greater legal and financial liability
   Because employees can now sue and recover statutory damages plus attorneys’ fees, even what might previously have been minor or accidental non‑compliance can result in exposure. Businesses will want to err on the side of caution.
4. Potential increase in employee requests
   With clearer rights and statutory enforcement, employees (or former employees) may more frequently request access or submit correction/rebuttal requests.
5. Standardization across business size
   These rules may apply to all employers in Washington. Smaller businesses may feel the burden more acutely, as they may not have a robust HR infrastructure.
6. Documentation and audit trail importance
   To defend against claims, employers should maintain detailed records of when requests were received, how records were compiled, what was redacted (and why), when delivery occurred, and any communication with the employee.

Recommended Next Steps for Businesses
To prepare for this law, businesses in Washington should do the following:

• Audit current personnel file practices
  See what types of records you maintain (application, evaluation, leave, payroll, etc.), how they are organized, and how quickly they can be retrieved.
• Update policies and employee handbooks
  Define in writing how employees/requesters make requests, the format, redaction practices, and internal workflows.
• Train HR, managers, legal teams
  Ensure that staff understand the 21‑day deadline, redaction obligations, privacy protections, and how to handle correction/rebuttal requests.
• Implement tracking tools
  Use software or logs to track when a request arrives, when each record is reviewed, delivered or withheld, and when communications are made.
• Review liability exposure
  Consult legal counsel to evaluate risks and consider whether insurance or other protections (e.g., an employment practices liability policy) should be revisited.
• Redaction & privacy review procedures
  For records that may include sensitive or protected information (e.g., medical, personnel, disciplinary), ensure that there is a review step before disclosure to ensure compliance with privacy laws.
• Prepare template discharge statements
  Standard forms or formats should be ready so that valid discharge statement requests within the 21‑day window.

For businesses, this law means more work to stay organized and respond quickly to employees. However, this also means fewer surprises. When employee records are handled fairly and transparently, it helps prevent conflicts, reduce legal risks, and build trust.
 
Start with a quick audit, confirm that you can respond within 21 days, and document every step. Update your handbook, train managers, and set up simple tracking tools to ensure that nothing is overlooked. A small investment in preparation now will protect your business, improve communication, and create a fair process that works for both employers and employees as the new law takes effect on July 27, 2025.

• This article was written with contributions from AI to organize the information and to improve its readability.

References

1. Washington State Legislature – SHB 1308
   https://app.leg.wa.gov/billsummary?BillNumber=1308&Year=2025
2. Ogletree Deakins: “Washington State’s Revised Personnel File Law Effective July 2025”
   https://ogletree.com/insights-resources/blog-posts/washington-states-revised-personnel-file-law-effective-july-2025
3. Revised Code of Washington (RCW) 49.12.240 and 49.12.250
   https://app.leg.wa.gov/rcw