Skip to content. | Skip to navigation

You are here: Home / Salary / Minimum Wages / Minimum Wage Home Care Aides
 
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 wagepersons 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.

Covered from 1 January 2015: Employees, such as home health care workers, home care aides, certified nursing assistants who spend more than 20% of their time in a workweek assisting with activities of daily living (ADLS) such as dressing, grooming, feeding, bathing, toileting and transferring, or instrumental activities of daily living (IADLS) such as meal preparation, driving, light housework, managing finances, assisting with the physical taking of medication and arranging medical care.

Do here the self-assesment to find out if you are entitled to federal minimum wage and overtime.

Independent Contractors

Workers who are independent contractors, meaning they are in business for themselves rather than economically dependent on an employer, do not have to be paid according to the requirements of the Fair Labor Standards Act. To determine whether the worker is an independent contractor or an employee, factors to consider include: 
1) The extent to which the services rendered are an integral part of the principal's business. 
2) The permanency of the relationship. 
3) The amount of the alleged contractor's investment in facilities and equipment. 
4) The nature and degree of control by the principal. 
5) The alleged contractor's opportunities for profit and loss. 
6) The amount of initiative, judgment, or foresight in open market competition with others required for the success of the claimed independent contractor. 
7) The degree of independent business organization. 
For additional information related to Employment Relationship, please review Fact Sheet 13 at:http://www.dol.gov/whd/regs/compliance/whdfs13.pdf

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.

ALASKA $7.75 NO
ARIZONA $7.80 YES

ARKANSAS $6.25 NO

CALIFORNIA $8.00
YES


SAN FRANCISCO rate: $10.74

SAN JOSE rate: 1/1/2014: $10.15
LONG BEACH rate 1/1 2013 for hotel workers with more than 100 rooms: $13.00 and 5 sick days 

LA International Airport hotels rate: $10.64


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 $8.00
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 $8.70    NO
DELAWARE $7.25 NO
DISTRICT OF COLUMBIA $8.25 YES Minimum wage for companions as defined in the FLSA.
FLORIDA $7.93 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 $7.50 NO
MONTANA $7.90 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 $8.25 YES Minimum wage coverage for all companions as defined in the FLSA. No relevant exemptions.
NEW MEXICO $7.50 NO

SANTA FE rate $ 10.51 - March 1, 2014: $10.66
ALBUQUERQUE rate 1/1 2014: $8.60, 
but the minimum wage will be $7.60 if an employer provides healthcare and/or childcare benefits to the employee during any pay period and the employer pays an amount for these benefits equal to or in excess of an annualized cost of $2,500.

Bernalillo County: $8.50

NEW YORK $8.00 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 $7.95  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 $9.10 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 $8.00   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 $8.73 NO
VIRGINIA $7.25 NO Federal minimum wage used as reference; no amounts written in law.
WASHINGTON $9.32 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.

Share |