SOURCE: Paul K. Sonn, Catherine K. Ruckelshaus, and Sarah Leberstein, “Fair Pay for Home Care Workers: Reforming the US Department of Labor’s Companionship Rules Under the Fair Labor Standards Act (pdf),” (National Employment Law Project, March 2011)
Which States Provide Minimum Wage and Overtime to Home Care Workers
(same information as above except in table form)
| States that Provide Minimum Wage and Overtime Coverage to Home Care Workers | |
|---|---|
| Colorado | Minimum wage and overtime coverage for home care workers, but exemption for those employed directly by private households. Colorado Minimum Wage Order No. 26 § 5; 7 Colo. Code Regs. § 1103‐1:5 (West 2010). |
| Hawaii | Minimum wage and overtime coverage for home care workers, but exemption for those employed directly by private households. Haw. Rev. Stat. § 387‐1 (West 2010). |
| Illinois | Minimum wage and overtime coverage for home care workers, but possible exemption for those employed solely by private households as a result of exemption for employers with fewer than four employees. 820 Ill. Comp. Stat. § 105/3(d) (West 2010); Ill. Adm. Code § 210.110. |
| Maine | Minimum wage and overtime coverage for all home care workers. No relevant exemptions. Me. Rev. Stat. Ann. tit. 26, §§ 663, 664 (West 2010). |
| Maryland | Minimum wage coverage for all home care workers. Overtime coverage for most home care workers but exemption for workers employed by non‐profit agencies. Md. Code Ann., Lab. & Empl. § 3‐415 (West 2010). |
| Massachusetts | Minimum wage and overtime coverage for all home care workers. No relevant exemptions. Mass. Gen. Laws ch. 151, § 1 (West 2010). |
| Michigan | Minimum wage and overtime coverage for home care workers, but exemption for live‐in workers. Mich. Comp. Laws § 408.394(2)(a) (West 2010). Exemption for workers employed solely by private household as a result of exemption for employer with fewer than two employees. Mich. Comp. Laws § 408.382(c) (West 2010). |
| Minnesota | Minimum wage and overtime coverage for all home care workers, but nighttime hours where employee is available to provide services but does not actually do so need not be compensated. Minn. Stat. § 177.23(11) (West 2010). |
| Montana | Minimum wage and overtime coverage for home care workers, but exemption for those employed directly by private households. Mont. Code. Ann. § 39‐3‐406(p) (West 2010). |
| Nevada | Minimum wage and overtime coverage for home care workers, but exemption for live‐in workers. Nev. Rev. Stat. § 608.250(2)(b) (West 2010). |
| New Jersey | Minimum wage and overtime coverage for all home care workers. No relevant exemptions. N.J. Stat. Ann. § 34:11‐56a et seq. (West 2010). |
| New York | Minimum wage coverage for all home care workers. N.Y. Labor Law § 651 (5) (West 2010). Overtime coverage for all home care workers but workers employed by agencies receive overtime at a reduced rate of 150% of the minimum wage (rather than the usual 150% of their regular rate of pay). N.Y. Labor Law §§ 2(16), 170; N.Y. Comp. Codes R. & Regs. tit. 12, § 142‐2.2 (West 2010). Overtime coverage for live‐in workers after 44 hours/week (rather than the usual 40 hours) at the same rates detailed above. Id. |
| Pennsylvania | Minimum wage and overtime coverage for home care workers, but exemption for those employed solely by private households. Pa. Stat. Ann. tit. 43, § 333.105(a)(2) (West 2010). |
| Washington | Minimum wage and overtime coverage for most home care workers, but exemption for live‐in workers. Wash. Rev. Code § 49.46.010(5)(j) (West 2010). |
| Wisconsin | Minimum wage and overtime coverage for most home care workers, but overtime exemption for those employed directly by private households, Wis. Admin. Code § 274.015 (West 2010), and those employed by non‐profit organizations. Wis. Admin. Code §§ 274.015, 274.01 (West 2010). Additional minimum wage exemption for live‐in workers who spend less than 15 hours a week on general household work. Wis. Admin. Code § 272.06(2) (West 2010). |
| States that Provide Minimum Wage But No Overtime Coverage to Home Care Workers | |
|---|---|
| Arizona | Minimum wage but no overtime coverage for home care workers. No state overtime law. Ariz. Rev. Stat. Ann. §§ 23‐362, 23‐363 (West 2010); see also Office of the Attorney General of the State of Arizona, Opinion No. I07‐002 (Feb. 7, 2007). |
| California | Minimum wage but no overtime coverage for most home care workers. “Personal attendants” exempt from overtime. Industrial Welfare Commission Order No. 5‐2001. Industrial Welfare Commission Order No. 15-2001. |
| District of Columbia | Minimum wage but no overtime coverage for home care workers. D.C. Mun. Regs. tit. 7, § 902.5(b) (West 2010). |
| Nebraska | Minimum wage but no overtime coverage for home care workers. No state overtime law. Neb. Rev. Stat. §§ 48‐1202, 48‐1203 (West 2010). |
| North Dakota | Minimum wage but no overtime coverage for home care workers. Additionally, nighttime hours where employee is available to provide services but does not actually do so need not be compensated. N.D. Cent. Code § 34‐06‐03.1 (West 2010). |
| Ohio | Minimum wage but no overtime coverage for home care workers because overtime law adopts FLSA exemptions. Oh. Rev. Code Ann. § 4111.03(A) (West 2010). Additional overtime exemption for live‐in workers. Ibid., (D)(3)(d). |
| South Dakota | Minimum wage but no overtime coverage for home care workers. No state overtime law. S.D. Codified Laws §§ 60‐11‐3, 60‐11‐5 (West 2010). |