Employee File Access in Washington State

Employers in Washington State handle and store a lot of sensitive and important information regarding their workforce. It's important that employers understand what information can be kept, who can access it, and when.

Due to things such as privacy laws, employers must also ensure that they protect personally identifying, sensitive, or health-related information from unauthorized disclosure.

Employee File Access in Washington

Here is everything you need to know about employee file and personnel records access in Washington State: 

July 2025 Updates

Effective July 27th, 2025, the following updates to employee personnel files laws and requirements will go into effect: 

• The term “personnel file” has been redefined as the following types of records:
  • All job application records
  • All performance evaluations
  • All non-active or closed disciplinary records
  • All leave and reasonable accommodation records
  • All payroll records
  • All employment agreements
• When a request for records is made by an employee OR former employee, employers will now have 21 calendar days to produce them
• Employees will now be able to recover attorney’s fees and statutory damages for non-compliance
• New penalties
  • There are new nominal statutory damages for employers who fail to produce requested records within 21 days. Higher fines are assessed the longer the records go unproduced:
    • 21+ days = $250
    • 28+ days = $500
    • 35+ days = $1,000
  • All other violations shall recieve a standard penalty of $500

What Records Can Employers Keep in Washington?

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:

• Full name
• Home address
• Occupation
• Date of birth (for employees under 18)
• Employment start date
• Time of day and day of week the employee's workweek begins
• Actual hours worked on a daily and weekly basis
• Rate(s) of pay
• Total wages earned (including straight time, overtime, piece work units earned, and bonuses)
• Tips and service charges earned
• Addition to or deductions from wages
• Additional records required for paid sick leave
• Additional records required for employees under the age of 18

Under Federal law, employers must keep employee personnel files for at least one year for business or legal purposes. Personnel records are allowed to include the following information: 

• Worker qualifications (hiring records, past experience, academic information, etc.)
• Verification of training completed
• Job descriptions
• Supervisor’s files
• Performance evaluations (including disciplinary actions, corrective action plans, etc.)
• Records subject to reference for information given to persons outside the business

Important to note is that the Americans with Disabilities Act (ADA) prohibits employers from keeping medical information in an employee’s personnel record.

Who Can Access Personnel Files in Washington?

Employees can request access to their own payroll records if they choose. On the other hand, employees only have a right to access their own personnel file once per year, any more than that is at the discretion of the employer. If a request is made, employers must make requested records available to the employee within a reasonable period of time – usually within 10 business days. 

The Washington Department of Labor and Industries (L&I) may also request payroll records if needed for an investigation. 

Other Employer Obligations

Employers have additional obligations under Washington Labor Laws regarding personnel files and records. 

Reporting Data Breaches

In the event of a data breach, employers must notify affected employees as soon as possible, unless otherwise directed by law enforcement. If more than 500 people are affected by a data breach, it must also be reported to the Office of the Attorney General.

Destroying Records

After the end of a retention period for recordkeeping (State, Federal, Other) employers must properly dispose of or destroy employees’ payroll and personnel records.

Right to Petition an Employer to Review Personnel Records

Employees have the right to request that their employer review their personnel file annually. This includes any personnel records that are regularly maintained by the employer as part of their business or information that can be given to persons outside of the company as a part of a “reference check”.

If an employer determines that any information is irrelevant or erroneous, then that information must be removed from the file. 

Get Help with Washington State Compliance

Washington State compliance is becoming increasingly complex. Keeping up with the changes and requirements is turning into a challenge for many businesses. 

For help with compliance, contact PayNW today.