| Minimum Wage per hour||Minimum Wage Provisions||Notes|
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.
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.
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:
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.
Source: US Department of Labor.
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
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.
|$10.50||YES||Minimum wage for companions as defined in the FLSA.|
|$8.50||YES||Minimum wage coverage for companions as defined in the FLSA, but exemption for those employed directly by private households.|
|$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.
|NONE||NO||Federal minimum applies|
|$7.50||YES||Minimum wage coverage for all companions as defined in the FLSA. No relevant exemptions.|
Minimum wage coverage for all companions as defined in the FLSA.
Minimum wage coverage for all companions as defined in the FLSA. No relevant exemptions.
June 2015 personal care attendants in Massachusetts won an agreement for a $15-an-hour starting wage, the first state-level victory in a nationwide campaign to raise low-wage workers’ pay. The state’s deal with Service Employees International Union Local 1199, which represents the workers, will boost starting pay in stages from $13.38 to $15 an hour by July 2018.
|$8.50||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.|
|$9.00/7.25||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.
|NONE||NO||Federal Minimum applies|
|MONTANA||$8.05||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.
|$9.00||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.
|$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.
|$8.38||YES||Minimum wage coverage for all companions as defined in the FLSA. No relevant exemptions.|
SANTA FE rate: $ 10.51 - March 1, 2014: $10.66
Bernalillo County: $8.50
|$9.00||YES||Minimum wage coverage for all companions as defined in the FLSA.|
|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.|
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.
|OREGON||$9.25||NO||Base rate home care workers $13.75 will increase to $14 January 1st, 2016 and to $14.50 February 1, 2017. Workers who complete seven employer-paid training classes with first aid and CPR will also receive $0.50 per hour training certification differential. Providers making above $13.75/hr will receive 1% COLAs January 1, 2016 and February 1, 2017.|
|PENNSYLVANIA||$7.25||YES||Minimum wage coverage for companions as defined in the FLSA, but exemption for those employed solely by private households.|
|S. CAROLINA||NONE||NO||Federal minimum applies|
|S. DAKOTA||$8.55||YES||Minimum wage coverage for companions as defined in the FLSA.|
|VIRGINIA||$7.25||NO||Federal minimum wage used as reference; no amounts written in law.|
|WASHINGTON||$9.47||YES||Washington minimum wage coverage for most companions as defined in the FLSA, but exemption for live-in workers.
|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.|
|Source: U.S. Department of Labor: State Minimum Wage and Overtime Coverage of Non-Publicly Employed Companions.
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