Washington overtime rules for home care workers

In Washington, overtime is time-and-a-half after 40 hours in a workweek. The state minimum wage is $17.13 an hour, rising to $17.73 on January 1, 2027. The federal Home Care Rule bars agencies from the companionship and live-in exemptions, though the Department of Labor stopped enforcing it against agencies in July 2025 while it considers undoing it. Washington's own law also requires overtime for agency caregivers, with limits explained below.

What are Washington's overtime and minimum wage rules?

Adjusted annually by formula.

Does Washington law require overtime for agency caregivers?

Yes, except possibly live-ins. Washington's Minimum Wage Act has no companionship or domestic service exemption and requires overtime after 40 hours (RCW 49.46.130); the state says regularly employed caregivers are covered. Caregivers whose duties require them to live or sleep at the client's home are excluded from the act until July 1, 2027 (RCW 49.46.010(4)(j)), though the state Supreme Court held that exclusion unconstitutional for live-in caregivers at adult family homes in 2026.

Does Washington have special rules for home care workers?

Until July 1, 2027, Washington's Minimum Wage Act does not cover an individual whose duties require them to reside or sleep at the place of employment or who spends a substantial part of work time on call (RCW 49.46.010(4)(j)). A new Domestic Workers chapter (RCW 49.96), effective 2027-07-01, will require minimum wage and 1.5x after 40 hours for domestic workers, including home care workers and personal care providers in private residences, and will remove that live-in exclusion for them; Medicaid individual providers and staff of home care agencies funded through chapter 74.39A RCW are excluded from RCW 49.96.