If you’re an adult family home provider in Washington, You’ve probably seen the headlines:
“Flat daily pay is now illegal.”
Or worse…
“You now have to pay live-in caregivers for all 24 hours they’re in your home.”
Since the Washington Supreme Court issued its decision in Bolina v. AssureCare, providers have been left with more questions than answers. Industry discussions have raised important concerns, but they have also highlighted just how much uncertainty still exists about what this decision means in operational practice.
While this ruling is significant, it’s important to distinguish what the Court actually decided from the implementation questions that providers, employment attorneys, and industry organizations are still working through.
Let’s break it down.
What did the Washington Supreme Court decide?
The Washington Supreme Court considered whether Adult Family Homes could continue relying on Washington’s live-in domestic worker exemption under the state’s Minimum Wage Act.
The Court concluded that the exemption can no longer be applied to live-in caregivers working in Adult Family Homes.
For providers, this means the longstanding practice of relying on that exemption is no longer available.
This is a significant change for Adult Family Homes across Washington and will likely require many providers to review how live-in Caregivers are compensated.
What the Court Did Not Decide
This is where much of the confusion begins.
The Court did not create a new set of payroll rules for Adult Family Homes.
It did not rule that every live-in caregiver must automatically be paid for 24 hours each day.
It did not establish new standards for overnight shifts, sleeping time, or room-and-board credits.
Instead, the Court answered one legal question: whether the exemption itself could continue to apply.
Many of the practical questions providers are asking today involve implementation questions that may be addressed through existing wage-and-labor hour laws, future guidance from Washington Labor & Industries, or additional legal proceedings.
Why Are Providers Hearing Different Interpretations?
Major court decisions often generate a wide range of reactions across the industry.
Some discussions focus on immediate legal change, while others attempt to predict how providers should respond before additional guidance becomes available.
As a result, providers may hear different opinions about what should happen next.
Rather than reacting to speculation, it’s helpful to separate the Court’s holding from the practical questions that are still evolving.
What Questions Are Providers Asking?
Since the decision was announced, many Adult Family Home owners have been asking questions like:
● How should overnight shifts be handled?
● What happens if a caregiver sleeps in the home?
● Can room and board still be part of the compensation package?
● How should employment agreements be updated?
● What changes should providers make moving forward?
These are important questions, but many are not directly answered in the Court’s decision.
As additional guidance is released, providers should continue monitoring updates from Washington Labor and Industries and seek legal advice when evaluating changes to their employment practices.
What Should Adult Family Home Providers Be Doing Right Now?
While many implementation questions are still developing, there are several practical steps providers can begin taking today.
Improve time tracking.
If you’re paying live-in caregivers a flat daily rate, now is the time to evaluate whether changes are needed.
Review employment agreements
Ensure job descriptions, work schedules, compensation agreements, and employee policies accurately reflect your current practices and are updated as guidance evolves.
Review current compensation practices.
If your home relies on flat daily rates for live-in-caregivers, now is the time to review those practices with your payroll provider or employment attorney.
Follow Guidance from trusted organizations.
Organizations such as the Adult Family Home Council and Washington Labor & Industries will continue providing clarification as implementation moves forward.
How Technology Can Help
Changes like these remind us that compliance isn’t just about regulation; it’s about having systems that support your team.
Electronic documentation, real-time task tracking, medication administration records, and accurate time documentation all play a role in helping providers adapt to changing regulatory requirements.
At Synkwise, we’re committed to helping Adult Family Homes navigate change with confidence by giving providers tools that simplify documentation, improve communication, and support compliance every day.
Final Thoughts
The Bolina v. AssureCare decision represents one of the most significant employment law developments affecting Washington Adult Family Homes in recent years.
The Court made clear that providers can no longer rely on the live-in exemption under Washington’s Minimum Wage Act.
As the industry continues working through implementation, providers should remain informed, review their current practices, and avoid making decisions based solely on headlines or speculation.
Instead, this is the time to review your current staffing model, evaluate payroll practices, improve documentation, and stay informed as additional guidance becomes available.
As always, providers should consult qualified legal or employment professionals regarding questions specific to their own operations.
This article is provided for educational purposes only and should not be considered legal advice. Providers should consult qualified legal counsel or Washington Labor & Industries regarding questions about their specific employment practices.
