Minimum Wage Provisions Home Care Aides - Federal and per State

Minimum Wage per hour
Minimum Wage Provisions
Notes
Federal
$7.25
YEs
May or may not be covered for minimum wage: persons employed in domestic service in household. They can be: nurses, certified nurse aides, home health care aides and other persons providing home health care services.

Exempt from minimum wage are employees providing "companionship services". This means according the FLSA services for the care, fellowship, and protection of persons who because of old age or physical or mental infirmity cannot care for themselves. Such services include household work for aged or infirm persons, including meal preparation, bed making, clothing washing and other similar personal services. General household work is also included, as long as it does not not exceed 20% of the total weekly hours worked by the companion. Where the 20% limitation is exceed the employee must be paid the minimum wage.
The term companionship services does not include services performed by trained personnel such as registered or practical nurses.
Covered domestic service employees who reside in the household are entitled to minimum wage.

Source: US Department of Labor Fact sheet 25: the home health care industry under the FLSA.

ALASKA $7.75  NO

ARIZONA
$7.65
YES


ARKANSAS
$6.25
 NO


CALIFORNIA
$8.00
YES

SAN FRANCISCO rate: $10.24

County-employed in-home care workers, of whom there are approximately 367,000, receive up to $11.50 an hour straight time per their union contracts
  COLORADO
$7.64
YES

Minimum wage coverage for third-party-employed in-home care workers who do work beyond Colorado's definition of "companion." Colorado's definition of "companion" is much narrower than the FLSA definition. Companions may not help to bathe and dress the person, do any amount of housekeeping, or remind the person to take medication. People who do those tasks are more than just "companions" they are "personal care" attendants. Personal care attendants are entitled to minimum wage and overtime. However, PCAs employed directly by private households are exempt from minimum wage and overtime.
CONNECTICUT
$8.25   
NO

DELAWARE
$7.25 NO

DISTRICT OF COLUMBIA
$8.25 YES
Minimum wage for companions as defined in the FLSA.
  FLORIDA
$7.67 NO

GEORGIA
$5.15 NO

HAWAII
$7.25
YES
Minimum wage coverage for companions as defined in the FLSA, but exemption for those employed directly by private households.
IDAHO
$7.25
NO

ILLINOIS
$8.25  
YES
New employees (First 90 days of employment) and employees under age 18 may be paid up to $0.50 less. Applicable to employers of 4 or more employees, excluding family members.

Minimum wage coverage for any person whose primary duty is to be a companion for individual(s) who are aged or infirm or workers whose primary duty is to perform health care services in or about a private home. There may be an exemption for those employed solely by private households as a result of a general exemption for employers with fewer than four employees.
INDIANA
$7.25 
NO

IOWA
$7.25   
NO

KANSAS
$7.25  
NO

KENTUCKY
$7.25 
NO

LOUISIANA
NONE
NO

MAINE
$7.50
YES
Minimum wage coverage for all companions as defined in the FLSA. No relevant exemptions.
MARYLAND
$7.25
YES

Minimum wage coverage for all companions as defined in the FLSA.
MASSACHUSETTS
$8.00
YES
Minimum wage coverage for all companions as defined in the FLSA. No relevant exemptions.
MICHIGAN
$7.40
YES
Minimum wage coverage for companions as defined in the FLSA, but exemption for live-in workers. Exemption for workers employed solely by private household as a result of exemption for employer with fewer than two employees.
MINNESOTA
$6.15    
YES
$5.25 for a small employer (enterprise with annual receipts of less than $625,000). An employer may pay $4.90 an hour to new employees who are younger than age 20 during their first 90 consecutive days of employment.

Minimum wage coverage after 48 hours for all companions as defined in the FLSA.
MISSISSIPPI
NONE
NO

MISSOURI
$7.25
NO

  MONTANA
$7.65
YES
The minimum pay is $4/hour for business with less than $110,000 in annual sales.

Minimum wage coverage for companions as defined in the FLSA, but exemption for those employed directly by private households.
NEBRASKA
$7.25
YES
All employers having four or more full or part-time employees are subject to paying the minimum wage.

Minimum wage coverage for companions as defined in the FLSA. De facto exemption for most households as a result of general exemption for employers with fewer than four employees.
NEVADA
$8.25  
YES
For a worker with health insurance coverage from his or her employer, the hourly rate is $7.25. For a worker without medical coverage, the rate is $8.25 an hour.

Minimum wage coverage for companions as defined in the FLSA, but exemption for live-in workers.
NEW HAMPSHIRE
$7.25  NO

NEW JERSEY
$7.25
YES
Minimum wage coverage for all companions as defined in the FLSA. No relevant exemptions.
NEW MEXICO
$7.50 NO
SANTA FE rate: $ 9.92. 
NEW YORK
$7.25
YES
Minimum wage coverage for all companions as defined in the FLSA.
N. CAROLINA
$7.25
NO

N. DAKOTA
$7.25
YES
Minimum wage coverage for companions as defined in the FLSA. However, companions who are certain first or second-degree relatives of the person receiving care do not receive minimum wage.
OHIO
$7.70  
YES

applies to workers 16 and older working for employers who gross more than $283,000 annually. Workers of smaller companies, and for under 16 yr olds: $7.25.

Minimum wage  coverage for companions as defined in the FLSA.
OKLAHOMA
$7.25
NO

OREGON
$8.80 
NO

PENNSYLVANIA
$7.25   
YES
Minimum wage coverage for companions as defined in the FLSA, but exemption for those employed solely by private households.
RHODE ISLAND
$7.40    
NO

S. CAROLINA
NONE
NO

S. DAKOTA
$7.25
YES
Minimum wage coverage for companions as defined in the FLSA.
TENNESSEE
NONE
NO

TEXAS
$7.25
NO

UTAH
$7.25
NO

VERMONT
$8.46 
NO

VIRGINIA
$7.25
NO
Federal minimum wage used as reference; no amounts written in law.
WASHINGTON
$9.04
YES
Washington minimum wage  coverage for most companions as defined in the FLSA, but exemption for live-in workers.

WEST VIRGINIA
$7.25
NO

WISCONSIN
$7.25  
YES
Minimum wage  coverage for most companions as defined in the FLSA. Companions who spend less than 15 hours a week on general household work and reside in the home of the employer are also exempt from minimum wage.
WYOMING 
$5.15   
NO




Source: U.S. Department of Labor: State Minimum Wage and Overtime Coverage of Non-Publicly Employed Companions.

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