New Federal Protections for Home Care Workers – State-by-State Impact

Source: National Employment Law Project (NELP), 2014

The chart below summarizes coverage for home care workers under state minimum wage and overtime laws and explains state impacts once the federal companionship regulations go into effect in 2015. The summaries of state law are based on a reading of the statutes, regulations and any guidance from the state’s department of labor. Because of inconsistencies and unclear language in these sources, the table may not present the full nuances of state law coverage. We welcome further information clarifying coverage for workers in your state.

Please also note that some number of workers will remain exempt under the new regulations. According to the DOL regulations, the exemption will now be limited to workers who are employed solely by a consumer, household or family member, and who primarily provide fellowship and protection and a limited amount of assistance with daily activities.