Washington high court ends sub-minimum-wage exemption for live-in caregivers

The Washington Supreme Court on Thursday ruled that the state's decades-old exemption letting live-in workers at adult family homes be paid below the minimum wage is unconstitutional. Adult family homes house several unrelated people who need round-the-clock care in a residential house, and live-in caregivers there had been denied minimum wage, overtime, and paid sick leave since the earliest version of the law. The workers who sued AssureCare, an operator, received a daily rate of $110 to $145 plus room and board; the state minimum wage is $17.13 an hour in 2026. They said they often worked more than 40 hours a week without overtime or breaks, lifting and moving clients into wheelchairs and beds. A trial court agreed in September 2024 that the exemption was unconstitutional given the dangerous nature of the work, and the high court affirmed, sending the case back. The ruling applies only to adult family homes; other live-in exemptions remain in place. AssureCare's attorney, Seth Rosenberg, said the industry was built around the rule and that higher labor costs could push some homes out of business, since operators paid through Medicaid face reimbursement rates that have not changed. In a concurring opinion, three justices wrote that the cost of these facilities cannot be placed on the backs of workers.