Federal lawmakers have introduced new legislation that would guarantee minimum wage and overtime protections for home care workers under the Fair Labor Standards Act (FLSA). 

The Fair Wages for Home Care Workers Act was introduced in both chambers of Congress on March 12, 2026. It aims to amend a proposed rule that would allow home care agencies to classify companionship and live-in staff as exempt from minimum wage and overtime requirements under the FLSA. 

The proposed rule would reverse a 2013 rule that prevented home care providers from using the exemption. While the U.S. Department of Labor originally released the proposed update to the FLSA in July 2025, industry stakeholders are still waiting for a final rule. 

The act was proposed by Sens. Patty Murray, D-Wash., and Andy Kim, D-N.J. A companion bill was also introduced in the U.S. House of Representatives by Rep. Alexandria Ocasio-Cortez, D-N.Y.