The Washington Supreme Court ruled on July 9, 2026, that live-in caregivers at adult family homes are entitled to minimum wage protections under state law. This decision affects caregivers employed by AssureCare Adult Home LLC and potentially changes labor laws for similar workers across Washington state.
The ruling came in the case Bolina v. AssureCare Adult Home LLC (No. 103519-5), where a group of caregivers challenged the constitutionality of a state law that exempted live-in workers from the Washington Minimum Wage Act (MWA). The court's decision emphasizes the importance of protecting workers in dangerous occupations, marking a significant victory for caregivers who often work long hours without adequate compensation.
Background
The case involves six caregivers—Jocylin Bolina, Adolfo Payag, Madonna Ocampo, Honorina Robles, Hollee Castillo, and Reginald Villalobos—who worked at various AssureCare adult family homes owned by Marcelina and Gerald Macandog. These caregivers provided essential support to residents with physical and cognitive limitations, assisting with daily activities such as bathing, dressing, and eating.
In 2023, the caregivers filed a lawsuit against AssureCare, claiming that the company violated the MWA by failing to pay minimum wage and overtime, and not providing necessary breaks. They argued that the live-in exemption under former RCW 49.46.010(3)(j) was unconstitutional, as it denied them protections afforded to other workers in similar roles. The trial court initially ruled in favor of the caregivers, leading to the appeal by AssureCare.
The Ruling
The Washington Supreme Court upheld the trial court's ruling, affirming that the live-in exemption violated the privileges and immunities clause of the state constitution. The court stated, “The exemption denies basic health and safety protections to live-in caregivers,” highlighting the dangerous nature of their work.
The justices emphasized that caregivers often work long hours, sometimes exceeding 24-hour shifts, and face significant risks of injury. They noted that the caregivers' evidence demonstrated a fundamental right to health and safety protections, which the MWA provides. The court also pointed out that the exemption was based on an accounting principle rather than any reasonable grounds justifying the denial of these protections.
Impact
This ruling is significant for live-in caregivers across Washington state, as it establishes that they are entitled to the same minimum wage protections as other workers. The decision may lead to changes in how adult family homes operate and compensate their employees, potentially increasing labor costs for these facilities.
The court's ruling also sets a precedent for other states to reconsider similar exemptions for live-in workers, particularly in caregiving roles. It underscores the need for legislative bodies to ensure that all workers, regardless of their living arrangements, receive fair compensation and protections under labor laws.
What's Next
AssureCare may seek to appeal the ruling, but the court's decision currently stands. The case also raises questions about the future of related litigation concerning the rights of caregivers and other workers in similar circumstances. The trial court will address the issue of whether the ruling applies retroactively or only prospectively in future proceedings.