In this series, we will explore some of the ways states vary from one another in their employment laws.

Washington recently amended its law regarding employee access to personnel files, effective July 27, 2025. The amendment clarifies what the nebulous term “personnel file” means – in Washington, it includes application records, employment agreements, discipline and performance records, leave and reasonable accommodation records, and payroll records. The amendment also sets a 21-day deadline for employers to provide requested access to personnel files, as the previous version of the law stated only that access must be provided within a “reasonable” amount of time.

Unlike Washington, not every state requires employers to provide current or former employees with access to their personnel records. Thirty one states and the District of Columbia have no such law. Of the 19 states that require employers to provide access to personnel records, there are broadly different requirements. For example, employers in Delaware and Pennsylvania do not have to provide records access to former employees unless those employees were laid off with re-employment rights. Iowa, Nevada, and New Hampshire’s laws provide no rights to former employees. Every state has a different definition of what materials must be provided upon request. Illinois, for example, requires that an employer provide not only the requesting employee’s personnel records, but also any employee handbook that was made available to the employee and any written policies that impacted the employee’s conditions of employment.

The differences do not stop there, as there are sharp differences in the amount of time employers have to comply with a request for personnel files from state to state. Oregon provides employers with a leisurely 45 days to respond to such a request and Virginia provides 30 days. In contrast, Massachusetts employers must provide personnel record access within five days of a request. Employers that receive a request for personnel file access should review their applicable state law to determine what records must be provided, who is eligible to receive such records, and how long the employer has to provide access to the requested records.