SB 5924 was not voted out of the Senate Ways & Means Committee, and so is now dead for the session. AWC had concerns about the bill’s impact on city staff and the inclusion of a private right of action and the added costs such actions would impose on cities.

Personnel records bill makes it out of committee with new amendments

January 24, 2024

SB 5924 was voted out of the Senate Labor & Commerce Committee on January 23 with amendments that improve the bill. The amendments include language clarifying:

• The definition of “personnel file” to only include nonactive or closed disciplinary records rather than all disciplinary records.
• That “all other records” in personnel files are limited to records designated by the employer as part of the personnel file.
• That the bill does not require an employer to create particular personnel records.
• That the employee is entitled to a copy of the personnel file, not the original personnel file.

The bill will now make its way to the Senate Ways & Means Committee.

Senate bill on personnel records is a new take on an old idea from 2023

January 5, 2024

A new bill in the Senate sets out new, specific deadlines for employers to turn over personnel records to employees upon request. The bill is similar to legislation that failed to pass in the 2023 session.

SB 5924 is sponsored by Sen. Patty Kuderer (D–Clyde Hill) and requires employers to provide an employee’s personnel file to the employee, former employee, or their designee upon request within 21 calendar days at no cost. The bill requires employers to provide a written statement to a former employee outlining the effective date and reasons for the employee’s discharge. Such statements must be provided within 21 days of the former employee’s written request. It does also define former employee as someone who was separated from employment within the last three years.

The bill also creates a private right of action as an enforcement mechanism, with statutory damages for violations of $250 if records are not provided in 21 days, $500 if not provided in 28 days, and $1,000 if not provided in 35 days. Employers can also be liable for attorney fees and costs.

And while it doesn’t create any specific retention requirements, SB 5924 defines “personnel file” to include:

• All job application records
• All performance evaluations
• All disciplinary records
• All medical, leave, and reasonable accommodation records
• All payroll records
• All employment agreements
• All other records contained in the file

Current law already requires that employers make personnel files available locally within a “reasonable period of time” after an employee requests their file. “Personnel file” itself is not defined. Current law does not require employers to furnish a written discharge statement, nor does it allow a private right of action to enforce personnel file requests.

AWC does have some reservations.  The bill last session gave only 14 calendar days and we had asked for 30 days. This version has a compromise of 21 calendar days. And, while we appreciate that the bill has relatively low penalties, AWC is concerned about creating a new private right of action resulting in costly litigation and the lack of a cap on attorney fees.

Dates to remember

SB 5924 is scheduled for a public hearing in the Senate Labor & Commerce Committee on Thursday, January 11 at 8 am.