In a landmark decision issued on Thursday, July 9, 2026, the Washington Supreme Court declared unconstitutional a decades-old exemption that had barred live-in adult family home employees from receiving the state's minimum wage. As a result, these live-in caregivers are now legally entitled to Washington's minimum wage and overtime compensation for all hours they work.
Although the court acknowledged the difficulties in tracking hours for employees residing at their workplace, it maintained that such challenges cannot be used to deny them essential labor protections.
The state Supreme Court's recent decision is the culmination of a multi-year legal battle that began in 2023. At that time, staff members at AssureCare, an adult family home in Washington, brought a lawsuit alleging they consistently worked more than 40 hours per week without receiving overtime compensation, breaks, or sick leave. Following a 2024 trial court ruling in favor of the employees, the state's highest court has now upheld that verdict.
While acknowledging the significance of adult family homes, three Washington Supreme Court justices emphasized in a concurring opinion that the financial burden of these essential facilities should not be borne by their staff. They noted that while a home-like environment is undeniably beneficial for residents who cannot live independently, "the cost of providing those facilities cannot be placed on the backs of workers.”
The case will now be remanded to the trial court for additional proceedings, including a determination on whether the employees qualify for retroactive pay.
What Does this Mean for Washington’s Adult Family Homes Industry?
Critics of the ruling contend that the adult family homes industry in Washington could face major repercussions, as rising labor costs might compel some facilities to close.
However, adult family homes can afford to pay their staff more. The for-profit nursing home industry often diverts funds to executives and shareholders, money that could instead be used for hiring more staff and complying with Washington’s minimum wage law. In California, where staffing requirements have been in place for over 20 years, the results include more nursing homes, lower mortality rates, better nurse retention, and improved care.
James Gooding, GLP Shareholder who leads the firm’s nursing home abuse practice area, believes the decision will ultimately benefit both the workers and the residents.
“Everyone benefits from this decision. When employees are paid adequately, they are more invested in their jobs and providing excellent care to their patients. This is great news for adult family home workers around the state. For too long they have been underpaid for some of the toughest care-giving work there is. Hopefully, this will lead to more applicants for the jobs, and better care for adult family home residents.”
Real Life Consequences
Washington nursing homes receive nearly twice as many federal health and safety violations compared to facilities nationwide. In 2024, a resident at Hallmark Manor, a nursing home in Federal Way, had to have her ankle amputated after staff failed to change her bandages on schedule, allowing her wound to develop gangrene.
This is just one of many real life cases where inadequate staffing leads to severe consequences for residents. When nursing and adult family facilities are understaffed, caregivers may lack the time and resources to properly care for each resident.
With the new minimum wage and overtime requirement, employees will have greater financial stability and the means to better support themselves. When employees have their basic needs met, they are able to focus on providing high quality care.
GLP Attorneys Supports Nursing Home Abuse & Neglect Victims
If you suspect that you or a loved one is experiencing abuse or neglect in an adult family home, we strongly encourage you to seek legal counsel immediately. GLP Attorneys has extensive experience representing individuals in nursing home abuse cases, and our dedicated legal team is committed to helping victims obtain the justice they deserve. Please contact practice leader Jim Gooding at 800.273.5005 for a free consultation.
