Wage and Hour Division (WHD)
State Minimum Wage and Overtime Coverage of Non-Publicly Employed Companions
States’ regulations vary as to whether they extend minimum wage and overtime provisions to in-home care workers. Of the 22 states that extend minimum wage to at least some in-home care workers, 12 have a state minimum wage that is higher than the current federal minimum wage of $7.25 an hour.
Select a state from the map below to view a summary of its minimum wage and overtime coverage for in-home care workers.
Alaska
Alaska does not apply minimum wage and overtime provisions to home health care workers.
Alabama
Alabama does not apply minimum wage and overtime provisions to home health care workers.
Arkansas
Arkansas does not apply minimum wage and overtime provisions to home health care workers.
Arizona
| State Minimum Wage | Minimum Wage Coverage | Overtime Coverage | Analysis and Citations |
| $7.35 |  |
Minimum wage but no overtime coverage for companions as defined in the FLSA. No state overtime law. See Ariz. Rev. Stat. Ann. §§ 23-362, 23-363; see also Office of the Attorney General of the State of Arizona, Opinion No. I07-002 (Feb. 7, 2007). |
California
| State Minimum Wage | Minimum Wage Coverage | Overtime Coverage | Analysis and Citations |
| $8.00 | |
All companions as defined in the FLSA are entitled to minimum wage. California's overtime rules create in terms of overtime four categories of workers who provide in-home care. (1) Those who are employed by non-profits and do no additional work beyond feeding, dressing, and supervising the person do not receive overtime. (2) Those who are employed by non-profits but do additional work beyond feeding, dressing, and supervising do receive overtime. (3) All for-profit workers receive overtime regardless of their job description. (4) County-employed in-home care worker, of whom there are approximately 367,000, receive up to $11.50 an hour straight time per their union contracts and may also receive overtime under those contracts. Industrial Welfare Commission Order No. 5-2001; "Judge Orders State to Halt Wage Cut for California Home Care Workers," PHI, 2010a. p. 14. |
Colorado
| State Minimum Wage | Minimum Wage Coverage | Overtime Coverage | Analysis and Citations |
| $7.36 | |
|
Minimum wage and overtime 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. Colorado Minimum Wage Order No. 26 § 5; 7 Colo. Code Regs. § 1103-1:5. |
Connecticut
Connecticut does not apply minimum wage and overtime provisions to home health care workers.
District of Columbia
| State Minimum Wage | Minimum Wage Coverage | Overtime Coverage | Analysis and Citations |
| $8.25 | |
Minimum wage for companions as defined in the FLSA. D.C. Mun. Regs. tit. 7, § 902.1, 902.3, 902.4 (West 2011). |
Delaware
Delaware does not apply minimum wage and overtime provisions to home health care workers.
Florida
Florida does not apply minimum wage and overtime provisions to home health care workers.
Georgia
Georgia does not apply minimum wage and overtime provisions to home health care workers.
Hawaii
| State Minimum Wage | Minimum Wage Coverage | Overtime Coverage | Analysis and Citations |
| $7.25 | |
|
Minimum wage and overtime coverage for companions as defined in the FLSA, but exemption for those employed directly by private households. Haw. Rev. Stat. § 387-1. |
Iowa
Iowa does not apply minimum wage and overtime provisions to home health care workers.
Idaho
Idaho does not apply minimum wage and overtime provisions to home health care workers.
Illinois
| State Minimum Wage | Minimum Wage Coverage | Overtime Coverage | Analysis and Citations |
| $8.25 | |
|
Minimum wage and overtime 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. 820 Ill.Comp. Stat. § 105/3(d); Ill. Adm. Code § 210.110. |
Indiana
Indiana does not apply minimum wage and overtime provisions to home health care workers.
Kansas
Kansas does not apply minimum wage and overtime provisions to home health care workers.
Kentucky
Kentucky does not apply minimum wage and overtime provisions to home health care workers.
Louisiana
Lousiana does not apply minimum wage and overtime provisions to home health care workers.
Massachusetts
| State Minimum Wage | Minimum Wage Coverage | Overtime Coverage | Analysis and Citations |
| $8.00 | |
|
Minimum wage and overtime coverage for all companions as defined in the FLSA. No relevant exemptions. Mass. Gen. Laws Ch. 151, § 1. |
Maryland
| State Minimum Wage | Minimum Wage Coverage | Overtime Coverage | Analysis and Citations |
| $7.25 | |
|
Minimum wage coverage for all companions as defined in the FLSA. Overtime coverage for most in-home care workers but exemption for workers employed by non-profit agencies that provide "temporary at-home care services". Md. Code Ann., Lab. & Empl. § 3-415. |
Maine
| State Minimum Wage | Minimum Wage Coverage | Overtime Coverage | Analysis and Citations |
| $7.50 | |
|
Minimum wage and overtime coverage for all companions as defined in the FLSA. No relevant exemptions. Me. Rev. Stat. Ann. tit. 26, §§ 663, 664. |
Michigan
| State Minimum Wage | Minimum Wage Coverage | Overtime Coverage | Analysis and Citations |
| $7.40 | |
|
Minimum wage and overtime coverage for companions as defined in the FLSA, but exemption for live-in workers. Mich. Comp. Laws § 408.394(2)(a). Exemption for workers employed solely by private household as a result of exemption for employer with fewer than two employees. Mich. Comp. Laws § 408.382(c). |
Minnesota
| State Minimum Wage | Minimum Wage Coverage | Overtime Coverage | Analysis and Citations |
| $6.15 or $5.25 for employers grossing under $625,000 | |
|
Minimum wage and overtime coverage after 48 hours for all companions as defined in the FLSA, but nighttime hours where companion is available to provide services but does not actually do so need not be compensated. Minn. Stat. § 177.23(11). |
Missouri
Missouri does not apply minimum wage and overtime provisions to home health care workers.
Mississippi
Mississippi does not apply minimum wage and overtime provisions to home health care workers.
Montana
| State Minimum Wage | Minimum Wage Coverage | Overtime Coverage | Analysis and Citations |
| $7.35 | |
|
Minimum wage and overtime coverage for companions as defined in the FLSA, but exemption for those employed directly by private households. Mont. Code. Ann. § 39-3-406(p). |
North Carolina
North Carolina does not apply minimum wage and overtime provisions to home health care workers.
North Dakota
| State Minimum Wage | Minimum Wage Coverage | Overtime Coverage | Analysis and Citations |
| $7.25 | |
Minimum wage but no overtime 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. Additionally, nighttime hours where companion is available to provide services but does not actually do so need not be compensated. N.D. Cent. Code § 34-06-03.1. |
Nebraska
| State Minimum Wage | Minimum Wage Coverage | Overtime Coverage | Analysis and Citations |
| $7.25 | |
Minimum wage but no overtime coverage for companions as defined in the FLSA. No state overtime law. De facto exemption for most households as a result of general exemption for employers with fewer than four employees. Neb. Rev. Stat. §§48-1202, 48-1203. |
New Hampshire
New Hampshire does not apply minimum wage and overtime provisions to home health care workers.
New Jersey
| State Minimum Wage | Minimum Wage Coverage | Overtime Coverage | Analysis and Citations |
| $7.25 | |
|
Minimum wage and overtime coverage for all companions as defined in the FLSA. No relevant exemptions. N.J. Stat. Ann.§ 34:11-56a et seq. |
New Mexico
New Mexico does not apply minimum wage and overtime provisions to home health care workers.
Nevada
| State Minimum Wage | Minimum Wage Coverage | Overtime Coverage | Analysis and Citations |
| $8.25 | |
|
Minimum wage and overtime coverage for companions as defined in the FLSA, but exemption for live-in workers. Also, business enterprises with less than $250,000 annually in gross sales volume need not pay overtime. Nev. Rev. Stat. § 608.250(2)(b). |
New York
| State Minimum Wage | Minimum Wage Coverage | Overtime Coverage | Analysis and Citations |
| $7.25 | |
|
Minimum wage coverage for all companions as defined in the FLSA. N.Y. Labor Law § 651 (5). There is overtime coverage for all companions but those employed by third party agencies receive overtime at a reduced rate of 150% of the minimum wage (rather than the usual 150% of their regular rate of pay). N.Y. Labor Law§§ 2(16), 170; N.Y. Comp. Codes R. & Regs. tit. 12, § 142-2.2. Overtime coverage for live-in workers after 44 hours/week (rather than the usual 40 hours) at the same rates detailed above. Id. |
Ohio
| State Minimum Wage | Minimum Wage Coverage | Overtime Coverage | Analysis and Citations |
| $7.40 | Minimum wage but not overtime coverage for companions as defined in the FLSA. Ohio Rev. Code Ann. § 4111.03 (A) § 4111.14 (West 2011). Additional overtime exemptions for live-in workers. Id. § 4111.03(D)(3)(d). |
Oklahoma
Oklahoma does not apply minimum wage and overtime provisions to home health care workers.
Oregon
Oregon does not apply minimum wage and overtime provisions to home health care workers.
Pennsylvania
| State Minimum Wage | Minimum Wage Coverage | Overtime Coverage | Analysis and Citations |
| $7.25 | |
|
Minimum wage and overtime coverage for companions as defined in the FLSA, but exemption for those employed solely by private households. Pa. Stat. Ann. tit. 43, § 333.105(a)(2). Bayada Nurses v. Commonwealth of Pennsylvania, 8 A.3d 866 (Pa. 2010). |
Rhode Island
Road Island does not apply minimum wage and overtime provisions to home health care workers.
South Carolina
South Carolina does not apply minimum wage and overtime provisions to home health care workers.
South Dakota
| State Minimum Wage | Minimum Wage Coverage | Overtime Coverage | Analysis and Citations |
| $7.25 | |
Minimum wage but no overtime coverage for companions as defined in the FLSA. No state overtime law. S.D. Codified Laws§§ 60-11-3, 60-11-5. |
Tennessee
Tennessee does not apply minimum wage and overtime provisions to home health care workers.
Texas
Texas does not apply minimum wage and overtime provisions to home health care workers.
Utah
Utah does not apply minimum wage and overtime provisions to home health care workers.
Virginia
Virginia does not apply minimum wage and overtime provisions to home health care workers.
Vermont
Vermont does not apply minimum wage and overtime provisions to home health care workers.
Washington
| State Minimum Wage | Minimum Wage Coverage | Overtime Coverage | Analysis and Citations |
| $8.67 | |
|
Washington minimum wage and overtime coverage for most companions as defined in the FLSA, but exemption for live-in workers. Wash. Rev. Code § 49.46.010(5)(j). |
Wisconsin
| State Minimum Wage | Minimum Wage Coverage | Overtime Coverage | Analysis and Citations |
| $7.25 | |
|
Minimum wage and overtime coverage for most companions as defined in the FLSA, but overtime exemption for those employed directly by private households, Wis. Admin. Code § 274.015, and those employed by non-profit organizations. Wis. Admin. Code §§ 274.015, 274.01. 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. Wis. Admin. Code § 272.06(2). |
West Virginia
West Virginia does not apply minimum wage and overtime provisions to home health care workers.
Wyoming
Wyoming does not apply minimum wage and overtime provisions to home health care workers.
