H-0170.1
HOUSE BILL 1128
State of Washington 69th Legislature 2025 Regular Session
By Representatives Fosse, Stonier, Berry, Bronoske, Davis, Taylor,
Wylie, Nance, Pollet, Ormsby, Scott, Mena, Doglio, Alvarado, Berg,
Peterson, Goodman, Reeves, Reed, Parshley, Stearns, Simmons, Cortes,
Ramel, Ryu, Timmons, Hackney, Kloba, Callan, Farivar, Ortiz-Self,
Paul, Morgan, Shavers, Macri, Obras, Rule, Fey, Lekanoff, Bergquist,
Salahuddin, Bernbaum, and Hill
Prefiled 12/23/24. Read first time 01/13/25. Referred to Committee
on Labor & Workplace Standards.
1 AN ACT Relating to establishing a child care workforce standards
2 board; and adding a new chapter to Title 49 RCW.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
4 NEW SECTION. Sec. 1. (1) The legislature finds and declares the
5 following:
6 (a) High quality child care and early learning enable parents to
7 go to work, keeping the economy going at all levels and returning six
8 dollars in value for every one dollar invested. High quality early
9 learning services help prepare children for success in school and in
10 life. A high quality child care and early learning system depends on
11 a thriving, healthy, and competitively compensated workforce. Current
12 conditions for child care workers have resulted in lack of access,
13 unaffordable prices, and poorer outcomes for children and families;
14 (b) Low compensation and poor working conditions impair the
15 health, efficiency, and well-being of persons employed to provide
16 child care, constitute unfair competition against other employers and
17 their employees, threaten the stability of the child care market,
18 create economic instability for providers, and result in a provider
19 workforce that must rely in public and private assistance to support
20 their own families;
p. 1 HB 1128
 1 (c) The fissured nature of child care workplaces exacerbates
2 these conditions and create barriers preventing workers from being
3 able to address these problems on their own; and
4 (d) Employment under these conditions threatens the health and
5 well-being of the people of Washington and injures the overall
6 economy.
7 (2) Therefore, it is the declared policy of the state that such
8 working conditions for child care workers be eliminated as rapidly as
9 practicable through establishment of a workforce standards board
10 comprised of employer and worker representatives and state agency
11 representatives to set minimum compensation and other employment
12 standards.
13 (3) To ensure the state's policy goals are achieved, it is
14 essential that child care workers are informed of their rights at
15 work and under this act; are encouraged and able to freely
16 participate in standard setting through the workforce standards board
17 process; and are protected against any retaliation for such
18 participation.
19 NEW SECTION. Sec. 2. The definitions in this section apply
20 throughout this chapter unless the context clearly requires
21 otherwise.
22 (1) "Board" means the Washington state child care workforce
23 standards board established pursuant to this chapter.
24 (2) "Certified worker organization" means a worker organization
25 that is certified by the board as qualified to conduct worker
26 trainings for the purposes of this chapter.
27 (3) "Child care employer" means any employer of child care
28 workers.
29 (4) "Child care worker" means any worker providing child care
30 services, excluding administrative staff. "Child care worker"
31 includes family child care providers as defined in RCW 41.56.030.
32 (5) "Department" means the department of labor and industries.
33 (6) "Director" means the director of the department of labor and
34 industries or the director's designee.
35 (7) "Employer organization" means:
36 (a) An organization that is exempt from federal income taxation
37 under section 510(c)(6) of the internal revenue code that represents
38 child care employers; or
p. 2 HB 1128
 1 (b) An entity that employers, who together employ the largest
2 number of child care workers in Washington, have selected as a
3 representative.
4 (8) "Worker organization" means a worker organization exempt from
5 federal income taxation under section 501(c)(3), (4), or (5) of the
6 internal revenue code, that is not dominated or interfered with by
7 any child care employer within the meaning of United States Code,
8 Title 29, section 158a(2), and that has a minimum of five years
9 demonstrated experience engaging with and advocating for employment
10 standards for child care workers.
11 NEW SECTION. Sec. 3. (1) The Washington state childcare
12 workforce standards board is created with the powers and duties
13 established by law. The board is composed of members appointed by the
14 governor as provided in this subsection:
15 (a) Three members who represent child care workers, at least one
16 of whom must be appointed from a list of at least three names
17 submitted by the largest organization representing family child care
18 providers and at least one of whom must be appointed from a list of
19 at least three names submitted by the largest organization
20 representing child care center workers;
21 (b) Three members who represent child care employers or employer
22 organizations, with at least one representing child care family home
23 providers;
24 (c) One representative of a professional development or training
25 program for child care workers;
26 (d) One representative of an organization representing parents;
27 and
28 (e) The secretary of the department of children, youth, and
29 families and the director of the department of labor and industries,
30 or their designees.
31 (2) Board members appointed under subsection(1)(a) or (b) of this
32 section shall serve four-year terms following the initial staggered
33 lot determination in subsection (3) of this section and must not be
34 appointed to more than two full consecutive four-year terms. The
35 governor shall fill vacancies occurring prior to the expiration of a
36 member's term by appointment for the unexpired term. A member serves
37 until a successor is appointed.
38 (3)(a) The governor must make initial appointments to the board
39 no later than September 1, 2025. The initial terms for board members
p. 3 HB 1128
 1 appointed under subsection (1)(a) and (b) of this section must be
2 determined by lot as follows:
3 (i) One member appointed under subsection (1)(a) and (b) of this
4 section shall serve a two-year term;
5 (ii) One member appointed under subsection (1)(a) and (b) of this
6 section shall serve a three-year term; and
7 (iii) One member appointed under subsection (1)(a) and (b) of
8 this section shall serve a four-year term.
9 (b) The director must convene the first meeting of the board by
10 October 1, 2025. The board must elect a chair at its first meeting.
11 (4) The board shall elect a member by majority vote to serve as
12 its chairperson and shall determine the term to be served by the
13 chairperson.
14 (5) Board members must be compensated in accordance with RCW
15 43.03.220 and must be reimbursed for travel expenses as provided in
16 RCW 43.03.050 and 43.03.060.
17 (6) The affirmative vote of five board members is required for
18 the board to take any action, including actions necessary to
19 establish minimum child care employment standards under section 4 of
20 this act.
21 (7) To carry out its duties, the board shall hold public hearings
22 on, and conduct investigations into, working conditions in the child
23 care industry in accordance with section 4 of this act.
24 (8) The director may employ personnel to carry out duties of the
25 board under this chapter.
26 (9) The director shall provide administrative staff support to
27 the board.
28 (10) The department may adopt new rules to implement or enforce
29 this chapter.
30 (11) The board shall establish operating procedures that meet all
31 state and federal antitrust requirements and may prohibit board
32 member access to data to meet the requirements of this subsection.
33 (12) The board is subject to the requirements of chapters 34.05
34 and 42.56 RCW.
35 NEW SECTION. Sec. 4. (1)(a) The board must adopt rules
36 establishing minimum child care employment standards that are
37 reasonably necessary and appropriate to protect the health and safety
38 of child care workers, to ensure that child care workers are properly
39 trained about and fully informed of their rights under this chapter,
p. 4 HB 1128
 1 and to otherwise satisfy the purposes of this act. Standards
2 established by the board must include, as appropriate, standards on
3 compensation and other working conditions for child care workers. In
4 establishing standards under this section, the board must establish
5 statewide standards and may adopt standards that apply to specific
6 child care occupations.
7 (b) The board may not adopt standards regarding licensing of
8 child care facilities. The board may not adopt standards that are
9 less protective of or beneficial to child care workers as any other
10 applicable statute or rule or any standard previously established by
11 the board unless there is a determination by the board under
12 subsection (2)(c) or (d) of this section.
13 (c) The board must adopt rules establishing initial standards for
14 wages for child care workers no later than August 1, 2026. The board
15 shall consult with the department in the development of these
16 standards prior to beginning the rule adoption process.
17 (d) To the extent that any minimum standards that the board finds
18 are reasonably necessary and appropriate to protect the health and
19 safety of child care workers fall within the jurisdiction of chapter
20 49.17 RCW, the board shall not adopt rules establishing the standards
21 but shall instead recommend the occupational health and safety
22 standards to the director. The director shall initiate rule making
23 under chapter 49.17 RCW on child care health and safety standards as
24 recommended by the board, unless the director determines that the
25 recommended standard is outside the statutory authority of the
26 department, is already covered under existing standards, presents
27 enforceability challenges, is infeasible to implement, or is
28 otherwise unlawful and issues a written explanation of this
29 determination.
30 (2)(a) The board must investigate market conditions and the
31 existing wages, benefits, and working conditions of child care
32 workers for specific geographic areas of the state and specific child
33 care occupations. Based on this information, the board must seek to
34 adopt minimum child care employment standards that meet or exceed
35 existing industry conditions for a majority of child care workers in
36 the relevant geographic area and child care occupation. Except as
37 provided in (c) and (d) of this subsection, initial employment
38 standards established by the board are effective beginning January 1,
39 2027, and remain in effect until any subsequent standards are adopted
40 by rules.
p. 5 HB 1128
 1 (b) The board must consider the following types of information in
2 making determinations that employment standards are reasonably
3 necessary to protect the health and welfare of child care workers:
4 (i) Wage rate and benefit data collected by or submitted to the
5 board for child care workers in the relevant geographic area and
6 child care occupations;
7 (ii) Statements showing wage rates and benefits paid to child
8 care workers in the relevant geographic area and child care
9 occupations;
10 (iii) Signed collective bargaining agreements applicable to child
11 care workers in the relevant geographic area and child care
12 occupations;
13 (iv) Testimony and information from current and former child care
14 workers, worker organizations, child care employers, parents of
15 children currently in child care, and child care organizations;
16 (v) Local minimum employment standards;
17 (vi) Information submitted by or obtained from state and local
18 government entities, including registries or data regarding employee
19 training, recruitment, and retention;
20 (vii) Information from a federally approved rate-setting tool for
21 child care funding; and
22 (viii) Any other information pertinent to establishing minimum
23 child care employment standards.
24 (c) If the established child care employment standards result in
25 an increase in costs that exceed any applicable federal payments, the
26 standards are not effective until an appropriation sufficient to
27 cover the rate increase is obtained.
28 (d) If the established child care employment standards result in
29 an increase in costs for services covered under RCW 41.56.028, the
30 standards are not effective until the legislature appropriates
31 funding sufficient to cover the increase in costs.
32 (3) At least once every four years, the board shall:
33 (a) Conduct a full review of the adequacy of the minimum child
34 care employment standards previously established by the board; and
35 (b) Following that review, adopt new rules, amend or repeal
36 existing rules, or make recommendations to adopt new rules or amend
37 or repeal existing rules for minimum child care employment standards,
38 as appropriate to meet the purposes of this act.
39 (4)(a) In the event of a conflict between a standard established
40 by the board in rule and a rule adopted by another state agency, the
p. 6 HB 1128
 1 rule adopted by the board applies to child care workers and child
2 care employers.
3 (b) Notwithstanding (a) of this subsection, in the event of a
4 conflict between a standard established by the board in rule and a
5 rule adopted by another state agency, the rule adopted by the other
6 state agency applies to child care workers and child care employers
7 if the rule adopted by the other state agency is adopted after the
8 board's standard and the rule adopted by the other state agency is
9 more protective or beneficial than the board's standard.
10 (c) Notwithstanding (a) of this subsection, if the secretary of
11 the department of children, youth, and families determines that a
12 standard established by the board in rule or recommended by the board
13 conflicts with requirements in federal regulations for child care
14 certification or with state statutes or rules governing licensure of
15 child care employers, the federal regulations or state child care
16 licensure statutes or rules take precedence, and the conflicting
17 board standard or rule does not apply to child care workers or child
18 care employers. The secretary is required to provide a written
19 explanation of the rule or recommendation and how it conflicts with
20 the federal regulations.
21 (5) Nothing in this act may be construed to:
22 (a) Limit the rights of parties to a collective bargaining
23 agreement to bargain and agree with respect to child care employment
24 standards; or
25 (b) Diminish the obligation of a child care employer to comply
26 with any contract, collective bargaining agreement, or employment
27 benefit program or plan that meets or exceeds, and does not conflict
28 with, the minimum standards and requirements established by the board
29 under this chapter.
30 NEW SECTION. Sec. 5. (1) The board must certify worker
31 organizations that it finds are qualified to provide training to
32 childcare workers according to this section. The board shall by rule
33 establish certification criteria that a worker organization must meet
34 in order to be certified and provide a process for renewal of
35 certification upon the board's review of the worker organization's
36 compliance with this section. The criteria must ensure that a worker
37 organization, if certified, is able to provide:
38 (a) Effective, interactive training on the information required
39 by this section; and
p. 7 HB 1128
 1 (b) Follow-up written materials and responses to inquiries from
2 child care workers in the four languages most commonly spoken by
3 child care workers in the state.
4 (2)(a) The board shall establish requirements for the curriculum
5 for the child care worker training required by this section. A
6 curriculum must at least provide the following information to child
7 care workers:
8 (i) The applicable compensation and working conditions in the
9 minimum standards or local minimum standards established by the
10 board;
11 (ii) The antiretaliation protections established in sections 7
12 and 8 of this act;
13 (iii) Information on how to enforce this act and on how to report
14 violations of this act or of standards established by the board,
15 including contact information for the department, the board, and any
16 local enforcement agencies, and information on the remedies available
17 for violations;
18