Category guide
Wage & Hour Rules for Home Care Agencies, by State
Last reviewed: July 24, 2026
Under the still-effective 2013 federal Home Care Rule, agencies cannot claim the companionship or live-in exemptions — caregivers get minimum wage and overtime. State law then layers on: 2026 minimum wages range from $7.25 to over $17, and several states add home-care-specific wage rules, paid sick leave, and pay transparency duties.
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Reviewed quarterly by Vitable Health.
Federal baseline (applies in every state)
Federal
FLSA coverage. Caregivers employed by home care agencies are covered by the Fair Labor Standards Act: federal minimum wage ($7.25) and overtime apply, because agencies are 'third-party employers' of domestic service workers.
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2013 Home Care Rule. Under the 2013 Home Care Rule (29 CFR 552.109), third-party employers such as home care agencies may NOT claim the FLSA companionship-services or live-in domestic worker exemptions — only the individual, family, or household using the services can claim them.
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Rescission proposal status (July 2026). On July 2, 2025 DOL proposed rescinding the 2013 Home Care Rule (comments closed Sept. 2, 2025), but as of July 2026 no final rule has issued — the 2013 rule remains legally in effect. Field Assistance Bulletin 2025-4 (July 25, 2025) directed WHD staff to pause enforcement of the rule against third-party agencies, but the FAB does not affect private lawsuits by caregivers, which can still recover back overtime plus liquidated damages.
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Sixth Circuit upholds rule (2026). In April 2026 the Sixth Circuit (DOL v. Americare Healthcare Services) upheld the 2013 Home Care Rule as a valid exercise of authority Congress expressly delegated to DOL, even post-Loper Bright. Practical takeaway for agencies: keep paying minimum wage and time-and-a-half overtime to caregivers unless and until a final rescission rule takes effect.
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Overtime & travel time. Agency caregivers must receive 1.5x their regular rate for hours over 40 per workweek, and travel time between clients during the workday is compensable hours worked (commuting to the first client and home from the last is not).
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Sleep time on 24-hour shifts. For shifts of 24 hours or more, an employer and live-in or shift caregiver may agree to exclude a bona fide sleep period of up to 8 hours if adequate sleeping facilities are provided and the worker usually gets at least 5 hours of uninterrupted sleep; interruptions for work must be paid. On shifts under 24 hours, all time on duty — including permitted sleep — is compensable.
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Every state at a glance
| State | Minimum wage (2026) | Overtime | Paid sick leave |
|---|---|---|---|
| Alabama | $7.25 (federal) | FLSA only | None |
| Alaska | $14.00 (7/1/26) | 1.5x >8/day or >40/wk | Yes (40–56 hrs/yr) |
| Arizona | $15.15 | FLSA only | Yes (24–40 hrs/yr) |
| Arkansas | $11.00 | 1.5x >40 (mirrors FLSA) | None |
| California | $16.90 | 1.5x >9/day or >45/wk (personal attendants) | Yes (40 hrs/5 days) |
| Colorado | $15.16 | 1.5x >40/wk, >12/day | Yes (48 hrs/yr) |
| Connecticut | $16.94 | 1.5x >40 | Yes (40 hrs/yr, 11+ employees) |
| Delaware | $15.00 | FLSA only | None (PFML program instead) |
| District of Columbia | $18.40 (7/1/26) | 1.5x >40 | Yes (3–7 days/yr by size) |
| Florida | $14.00 → $15.00 (9/30/26) | FLSA only | None (locals preempted) |
| Georgia | $7.25 (federal) | FLSA only | None |
| Hawaii | $16.00 | 1.5x >40 | None (TDI only) |
| Idaho | $7.25 | FLSA only | None |
| Illinois | $15.00 | 1.5x >40 + day of rest | Yes (40 hrs any-reason) |
| Indiana | $7.25 | FLSA only | None |
| Iowa | $7.25 | FLSA only | None |
| Kansas | $7.25 | FLSA (state: >46 hrs if non-FLSA) | None |
| Kentucky | $7.25 | 1.5x >40 + 7th-day rule | None |
| Louisiana | $7.25 (federal) | FLSA only | None |
| Maine | $15.10 | 1.5x >40 | Yes (40 hrs any-reason, 11+) |
| Maryland | $15.00 | 1.5x >40 | Yes (40 hrs; paid if 15+) |
| Massachusetts | $15.00 | 1.5x >40 (treble damages) | Yes (40 hrs; paid if 11+) |
| Michigan | $13.73 | 1.5x >40 | Yes (up to 72 hrs/yr) |
| Minnesota | $11.41 | FLSA >40 (state >48) | Yes (48 hrs/yr) |
| Mississippi | $7.25 (federal) | FLSA only | None |
| Missouri | $15.00 | 1.5x >40 | None (repealed 8/28/25) |
| Montana | $10.85 | 1.5x >40 | None |
| Nebraska | $15.00 | FLSA only | Yes (40–56 hrs; ≤10 employees exempt) |
| Nevada | $12.00 | 1.5x >8/day (if <$18/hr) or >40/wk | Yes, any-use (50+ employees) |
| New Hampshire | $7.25 (federal) | 1.5x >40 (mirrors FLSA) | None |
| New Jersey | $15.92 | 1.5x >40 | Yes (40 hrs/yr) |
| New Mexico | $12.00 | 1.5x >40 | Yes (64 hrs/yr) |
| New York | $17.00/$16.00 ($19.65/$18.65 for aides) | 1.5x >40 (live-in >44) | Yes (40–56 hrs/yr) |
| North Carolina | $7.25 | 1.5x >40 (mirrors FLSA) | None |
| North Dakota | $7.25 | 1.5x >40 | None |
| Ohio | $11.00 | 1.5x >40 | None |
| Oklahoma | $7.25 | FLSA only | None |
| Oregon | $15.55/$16.80/$14.55 (7/1/26) | 1.5x >40 | Yes (40 hrs/yr) |
| Pennsylvania | $7.25 | 1.5x >40 (state law, no agency exemption) | None statewide (Philly/Pgh/Allegheny yes) |
| Rhode Island | $16.00 | 1.5x >40 | Yes (40 hrs; paid if 18+) |
| South Carolina | $7.25 (federal) | FLSA only | None |
| South Dakota | $11.85 | FLSA only | None |
| Tennessee | $7.25 (federal) | FLSA only | None |
| Texas | $7.25 | FLSA only | None (locals preempted) |
| Utah | $7.25 | FLSA only | None |
| Vermont | $14.42 | 1.5x >40 | Yes (40 hrs/yr) |
| Virginia | $12.77 | 1.5x >40 (state remedies) | Yes — home health workers only (40 hrs) |
| Washington | $17.13 | 1.5x >40 | Yes (1:40, no cap) |
| West Virginia | $8.75 | 1.5x >40 | None |
| Wisconsin | $7.25 | 1.5x >40 | None |
| Wyoming | $7.25 (federal) | FLSA only | None |
Click any state for the full requirements with citations.