5130-S AMS KING S1738.1
SSB 5130 - S AMD 283
By Senator King
NOT CONSIDERED 04/26/2021
On page 3, line 1, after "(10)" insert "This section does not apply to any small business.
(11)"
On page 3, after line 5, insert the following:
"(c) "Small business" means any business entity, including a sole proprietorship, corporation, partnership, or other legal entity that has 50 or fewer employees.
NEW SECTION.  Sec. 2. A new section is added to chapter 49.12 RCW to read as follows:
(1) Each employer shall make an employee's own personnel file(s) available locally within a reasonable period of time after the employee requests the file(s).
(2) An employee annually may petition that the employer review all information in the employee's personnel file(s) that are regularly maintained by the employer as a part of the employer's business records or are subject to reference for information given to persons outside of the company. The employer shall determine if there is any irrelevant or erroneous information in the file(s), and shall remove all such information from the file(s). If an employee does not agree with the employer's determination, the employee may at the employee's request have placed in the employee's personnel file a statement containing the employee's rebuttal or correction. Nothing in this subsection prevents the employer from removing information more frequently.
(3) A former employee shall retain the right of rebuttal or correction for a period not to exceed two years.
(4) This section only applies to a small business.
(5) For purposes of this section, "small business" means any business entity, including a sole proprietorship, corporation, partnership, or other legal entity that has 50 or fewer employees."
SSB 5130 - S AMD 283
By Senator King
NOT CONSIDERED 04/26/2021
On page 1, line 2 of the title, after "actions;" strike "and"
On page 1, line 2 of the title, after "49.12.250" insert "; and adding a new section to chapter 49.12 RCW"
EFFECT: Retains the current law regarding personnel files for small businesses.
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