WSR 17-02-082

PREPROPOSAL STATEMENT OF INQUIRY

[Filed January 4, 2017, 9:43 a.m.]

Subject of Possible Rule Making: Chapter 296-128 WAC, Minimum wages; chapter 296-131 WAC, Agriculture employment standards; and chapter 296-126 WAC, Standards of labor for the protection of the safety, health and welfare of employees for all occupations subject to chapter 49.12 RCW.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Initiative Measure 1433, chapters 49.46, 49.12 RCW, and RCW 43.22.270.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This rule making will consider rules related to the Minimum Wage Act, chapter 49.46 RCW, and the implementation of Initiative 1433, An Act Related to Fair Labor Standards. Initiative 1433 passed on November 8, 2016, and requires, in part, employers provide paid sick leave to employees starting in 2018. Initiative 1433 directs the department to adopt and implement rules to carry out and enforce the act, including but not limited to, procedures for notification to employees and reporting regarding sick leave, and protecting employees from retaliation for the lawful use of sick leave and exercising other rights under Initiative 1433 and chapter 49.46 RCW. The department's rules for enforcement of rights provided in Initiative 1433 must be at least equal to enforcement of the minimum wage.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other federal or state agency regulates sick leave. The United States Department of Labor (USDOL) administers the federal Fair Labor Standards Act and regulates federal minimum wage and overtime requirements. Any coordination needed will be done by the department through review of USDOL regulations and guidance.

Process for Developing New Rule: The department will develop the rule language with input from interested parties. For more information on this rule making, visit L&I's laws and rules web site at http://www.lni.wa.gov/LawRule/ or contact the individual below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Beverly Clark, Department of Labor and Industries, Fraud Prevention and Labor Standards Division, P.O. Box 44400, Olympia, WA 98504-4400, phone (360) 902-6272, fax (360) 902-5292, email Beverly.Clark@Lni.wa.gov.

January 4, 2017

Joel Sacks

Director