On July 9, 2026, the Washington Supreme Court issued a significant employment law decision in Bolina v. AssureCare Adult Home LLC, holding that Washington’s former exemption from minimum wage protections for certain live-in workers violates the Washington Constitution.
The ruling has important implications for employers that utilize live-in caregivers and other residential care workers.
Court Strikes Down Live-In Worker Exemption
The case involved a challenge to a provision of Washington’s Minimum Wage Act (MWA) that exempted certain live-in employees from the law’s protections. The plaintiffs, who worked as live-in caregivers in adult family homes, argued that the exemption unconstitutionally denied them workplace protections available to other workers.
The Washington Supreme Court agreed and affirmed the trial court’s ruling that the exemption violates the privileges and immunities clause of the Washington Constitution.
Court Finds Caregiving Is a Dangerous Occupation
In reaching its decision, the Court concluded that caregiving work can involve significant workplace risks, including:
- Physical injuries;
- Long work hours;
- Interrupted sleep;
- Overnight responsibilities; and
- Demanding resident-care duties.
The Court relied on evidence regarding the nature of caregiving work and determined that workers in the industry are entitled to the protections afforded by Washington’s Minimum Wage Act.
Minimum Wage and Overtime Protections at Issue
The challenged exemption prevented certain live-in workers from receiving protections generally available under the MWA, including minimum wage and overtime rights. The Court found that the state lacked a sufficient constitutional basis for treating live-in caregivers differently from other workers performing similar services.
In doing so, the Court relied in part on its earlier decision in Martinez-Cuevas v. DeRuyter Bros. Dairy, which extended constitutional protections to workers in dangerous occupations who had been excluded from statutory wage protections.
Employers Impacted
The decision is particularly significant for:
- Adult family homes;
- Residential care providers;
- Home care organizations;
- Assisted living and long-term care operators employing live-in workers; and
- Other employers utilizing residential or live-in caregiving arrangements in Washington.
Employer Takeaway
Employers utilizing live-in caregivers should review compensation practices, scheduling arrangements, timekeeping procedures, and wage-and-hour compliance programs in light of the Court’s ruling. Particular attention should be paid to:
- Minimum wage compliance;
- Overtime obligations;
- Timekeeping and record retention practices; and
- Compensation structures based on flat daily or weekly rates.
The decision represents another expansion of worker protections under Washington law and may increase wage-and-hour exposure for employers that have relied on historical exemptions applicable to live-in workers.