Minimum Wage and Other Employment Standards. The Minimum Wage Act (MWA) establishes a statewide minimum hourly wage, requires overtime pay for certain workers, provides for paid sick leave, and provides for other employment standards. The current statewide hourly minimum wage is $17.13, which is adjusted annually for inflation by the Department of Labor and Industries (L&I). Under the MWA, L&I may inspect places of business, investigate, and gather data regarding wages, hours, and other conditions and practices. 

The Industrial Welfare Act contains a number of labor standards, such as the Family Care Act and child labor laws. It is also the authority for the L&I's rules on meals and rest breaks. Employees must generally be allowed paid rest periods of at least ten minutes for every four hours worked, and at least 30 minutes for a meal period for every five hours worked. 

Workplace Safety. Under the Washington Industrial Safety and Health Act (WISHA), an employer must provide a workplace free from recognized hazards. L&I administers WISHA and adopts both general and industry-specific workplace safety and health standards. If L&I finds that an employer has committed a violation, it issues a citation and notice of assessment, and, depending on the violation, may assess civil penalties. Civil penalties may be adjusted based on the employer's inspection history, the size of the workforce, and other factors.

Child-Care Licensing. The Department of Children, Youth, and Families (DCYF) regulates child-care licensing. It is unlawful for any person or business to provide child-care services for a child outside the child's own home unless licensed by DCYF. DCYF has adopted core competencies for child-care providers that describe the standards of knowledge and skills required to provide quality care and education to children and their families.

The Childcare Workforce Standards Board (Board) is created. The Board is composed of following members:

• three members who represent child care workers, with one being appointed from a list of three submitted by the largest organization representing family child care providers, one being appointed from a list of three submitted by the largest organization representing child care center workers, and one representing workers in school age programs; 
• three members representing child care employers or employer organizations, with at least one representing child care family home providers and one representing a small business of 15 or fewer employees;
• one representative of a professional development or training program for child care workers;

• one representative of an organization representing parents; and

• the secretary of DCYF and the director of L&I (Director), or their designees.

The Governor must make initial appointments to the Board by September 1, 2026 and the Board must be convened by October 1, 2026. L&I must provide administrative support staff to the Board, and may employ personnel to carry out its duties. L&I and DCYF must enter into a formal data sharing agreement for purposes of implementing the bill. 

The Board must meet quarterly and make recommendations to the Director that will enhance and improve the employment standards of child care workers. The Board must recommend statewide standards and may also recommend standards that apply to specific child care occupations or geographic regions. The Board may not recommend standards regarding licensing of child care facilities or standards that are less protective of, or beneficial to, child care workers. 

The Board's initial investigations, public hearings, data gathering, and recommendations must prioritize child care worker staffing, recruitment, retention, and staffing ratios. The Board may also investigate:

• the adequacy of wage rates and other compensation policies of child care employers to ensure the provision of quality services and sufficient levels of recruitment and retention of child care employees;

• the sufficiency of levels of recruitment and retention of child care employees;

• the adequacy of the role of child care employees in making decisions affecting their wages and working conditions;

• the impact of systemic racism and economic injustice on child care employees and the adequacy of efforts to alleviate such impact through the development of career paths through partnerships between labor and management and other methods; and

• the adequacy of payment practices and policies of the state as such practices and policies relate to the reimbursement of child care employers for the provision of services under a child care program.

The Board may consider the following types of information when developing recommendations:

• wage rate and benefit data collected by or submitted to the board for child care workers in the relevant geographic area and child care occupations;

• statements showing wage rates and benefits paid to child care workers in the relevant geographic area and child care occupations;

• signed collective bargaining agreements applicable to child care workers in the relevant geographic area and child care occupations;

• testimony and information from current and former child care workers, organizations representing child care workers, child care employers, parents of children currently in child care, and child care organizations;

• local minimum employment standards;

• information submitted by or obtained from state and local government entities, including registries or data regarding employee training, recruitment, and retention;

• information from a federally approved rate-setting tool for child care funding; and

• any other information pertinent to establishing minimum child care employment standards.

Based on its investigations and information gathered, the Board must prepare a series of reports and recommendations and make those reports publicly available on L&I's website. 

PRO: This is bill is much different from the bill last year and it has been simplified. There is a struggle with the providers and the workforce and it is increasing the unavailability of child care. Lack of staffing is causing workers to come in sick and to skip rest breaks. The bill creates a place for workers, employers, and parents to collaborate to solve problems. Too many people live in child care deserts. We need to make child care a job people can do long term. A state-supported board that has equal representation does not already exist. The funds used for this bill are different than the funds that would be used for other child care programs.

CON: The bill creates redundancies and ignores existing bodies that already do this work. There is a worry that the recommendations will lead to unfunded mandates for providers. The bill is an ineffective use of resources when there are cuts to child care in the Governor's budget. Multiple groups already deal with the issues covered in the bill. Child care is already heavily regulated. The use of workers' compensation funds could lead to a lawsuit. There is no reason for the board to exist if it does not have authority. 

PRO: Representative Mary Fosse, Prime Sponsor; Amy Tucker; Sumaiya Iman; Raychel James; Jessica Davis Murillo-Ros; Erin Haick; Jessica Davis Murillo-Ros; Dora Poqui.