Representative Alexandria Ocasio-Cortez (D-NY) and Senator Patty Murray (D-WA) introduced, in their respective chambers, the Fair Wages for Home Care Workers Act on March 12, 2026. This legislation that would amend the Fair Labor Standards Act of 1938 to guarantee minimum wage and overtime protections for home care workers.

In 2025, the Department of Labor issued proposed rulemaking which would reinstate the companionship exemption, allowing home care agencies to exempt home care workers from federal wage and overtime protections. In LeadingAge’s comments on the proposed rule, we urged the DOL to withdraw its proposed rule that would eliminate Fair Labor Standards Act (FLSA) minimum wage and overtime protections for home care workers and instead leverage recent Trump administration initiatives, including those focused on workforce development and apprenticeships, to positively impact the current home care workforce crisis.