LABOR AND INDUSTRIES

[Filed January 20, 2026, 10:52 a.m.]

Title of Rule and Other Identifying Information: Employment records, WAC 296-126-050.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the expedited rule making is to amend WAC 296-126-050 related to employment records. The proposed changes will align the rule with recent changes to chapter 49.12 RCW by SHB 1308, chapter 273, Laws of 2025.

SHB 1308 expanded employee and former employee rights to access personnel records in a timely manner and provided remedies through a private right of action.

Reasons Supporting Proposal: Proposed amendments align rule language with statutory requirements without material change. SHB 1308 went into effect July 27, 2025. While rule making is ongoing, employers still are subject to the provisions of SHB 1308.

Statutory Authority for Adoption: RCW 49.12.050.

Statute Being Implemented: RCW 49.12.240 and 49.12.250.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of labor and industries, governmental.

Name of Agency Personnel Responsible for Drafting: Angela MacNeil, Tumwater, Washington, 253-970-9305; Implementation and Enforcement: Bryan Templeton, Tumwater, Washington, 360-902-5310.

This notice meets the following criteria to use the expedited adoption process for these rules:

Adopts or incorporates by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: Adopts new statutory language from RCW 49.12.250 into rule without material change.

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Bryan Templeton, Department of Labor and Industries, Division of Labor Standards, Employment Standards Program, P.O. Box 44510, Olympia, WA 98504-4510, phone 360-902-5310, fax 360-902-5300, email ESRules@Lni.wa.gov, BEGINNING January 21, 2026, at 8 a.m., AND RECEIVED BY March 23, 2026, at 5 p.m.

AMENDATORY SECTION(Amending WSR 10-04-092, filed 2/2/10, effective 3/15/10)

WAC 296-126-050((Employment records))Personnel files.

(1)(a) Every employer shall keep for at least three years a record of the name, address, and occupation of each employee, dates of employment, rate or rates of pay, amount paid each pay period to each such employee and the hours worked.

(b) For employers subject to the Minimum Wage Act, personnel files also includes records required by WAC 296-128-010 through 296-128-030.

(c) Personnel files also includes the following records, if the employer creates such records: Job application records, performance evaluations, nonactive or closed disciplinary records, leave and reasonable accommodation records, payroll records, and employment agreements.

(2) Every employer shall make the record described in subsection (1) available to the employee, upon request, at any reasonable time.

(3) Every employer is required to allow employees to inspect all the employees' own personnel files within 21 calendar days upon receiving a request from the employee.

(4) Every employer shall, within ((ten business))21 calendar days of receiving a written request by a former employee or their designee, furnish a signed written statement to the employee or their designee stating the ((reasons for and)) effective date of discharge, whether the employer had a reason for the discharge, and if so, the reasons.

((Note:

Additional recordkeeping requirements for employers are stated in WAC 296-128-010 through 296-128-030 (rules regarding recordkeeping for employers subject to the Minimum Wage Act, chapter 49.46 RCW) and WAC 296-131-017 (rule regarding recordkeeping for agricultural employers).))

(5) "Former employee" means a person who separated from the employer within three years of the date of the person's request.

(6) An employee or former employee may seek private cause of action for each violation for failure to provide the complete personnel file(s), provided that a violation has occurred and the employee or former employee has given notice of intent to sue.