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Diaspora

Washington Court Delivers Minimum Wage Victory for Kenyan Caregivers

Washington Court Delivers Minimum Wage Victory for Kenyan Caregivers
Washington Court Delivers Minimum Wage Victory for Kenyan Caregivers

The Washington State Supreme Court has ruled that live-in caregivers must be paid at least the state minimum wage, ending a long-standing practice that allowed employers to pay flat daily rates. 

The 8–1 decision confirms that live-in care workers are entitled to the same minimum wage protections as other employees under state law. The ruling came in Bolina v. AssureCare Adult Home LLC, a case brought in 2023 by six caregivers who challenged their working conditions. 

They said they regularly worked 24-hour shifts without overtime pay, had inadequate sleeping arrangements, and were expected to remain available throughout their shifts. The court found that these practices did not comply with Washington's Minimum Wage Act.

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The decision is especially significant for the Kenyan community in Washington, where many immigrants work in adult family homes, assisted living facilities, and private households. Caregiving has become a common source of employment, but many workers have reported long hours and low pay. 

Some have also been reluctant to raise concerns because of fears about losing their jobs or the effect on their immigration status. Under the ruling, live-in caregivers must be paid at least Washington's minimum wage, which is currently $17.13 per hour. 

The judgment also strengthens the legal protections available to workers seeking fair pay and reinforces their right to challenge unlawful employment practices.

Labour organisations welcomed the decision, describing it as an important step towards fairer working conditions. 

Danielle Alvarado of the Fair Work Center said the six caregivers had helped improve labour standards across the sector through their legal challenge. She said their actions had led to better protections for thousands of workers.

The ruling could also have wider effects beyond Washington. Higher wages for Kenyan caregivers may increase the amount of money they can send to support relatives through remittances, helping families pay for education, healthcare, and housing. The decision may also encourage other care workers to review their pay and seek legal advice if they believe they have been underpaid.

The case will now return to King County Superior Court, where judges will decide whether the six caregivers are entitled to back pay. That decision could influence future claims by other workers seeking unpaid wages.

The judgment also recognises the importance of caregivers in the healthcare system at a time when demand for home care continues to grow. It confirms that workers providing around-the-clock care are entitled to pay that meets the standards set by state law.

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