(The Center Square) – Virginia lawmakers passed two bills extending overtime pay protections to live-in domestic workers, a group previously excluded from wage laws.
The bills, now awaiting Gov. Glenn Youngkin’s signature, would close gaps in Virginia’s labor protections.
The bills require employers to compensate live-in domestic workers for overtime hours and would outline enforcement measures for any wage disputes. The bills, if signed into law, would amend a part of the Code of Virginia and align state wage laws with existing labor protections.
In 2021, domestic workers were included in Virginia’s Domestic Workers Bill of Rights, which allowed them workplace health and safety protections and covered them under the Virginia Overtime Wage Act.
However, soon after, Virginia realized its overtime laws with the federal Fair Labor Standards Act in 2022, which left live-in domestic workers excluded. In short, SB897 and HB2469 restore these lost protections.
According to a 2023 report from the Economic Policy Institute, U.S. domestic workers earn an average of 36.6% less per hour than other workers. The median hourly wage for domestic workers is $13.79, compared to $21.76 for the non-domestic workers.
According to the report, domestic workers are, on average, paid just 75 cents for every dollar their peers make compared with demographically similar workers.
Advocacy organizations, including Care in Action and Hand in Hand, support the bills, stating that they provide clearer guidelines for employers and stronger protections for workers.
“By passing this legislation, Virginia is making it clear that every worker deserves fair pay for fair work. Domestic workers have always been essential, and this legislation recognizes their value by closing an unjust loophole that left them vulnerable to exploitation. Care in Action is proud to have fought for this moment, and we urge Governor Youngkin to sign this legislation to ensure live-in domestic workers have the protections they deserve,” said Jewel Gatling, Virginia Organizing Director for Care in Action, in a statement.
Other key provisions of the bills include mandating overtime pay for live-in domestic workers and allowing workers to take legal action against wage violations.
“Employers in Virginia will benefit from policy guidance that supports fair and ethical workplaces,” said Erica Sklar, Lead National Organizer for Hand in Hand. “This is information that employers are already seeking and clarifies working conditions for employees and employers alike. Hand in Hand is thrilled to see these policies pass, and employers will be better prepared to create and sustain good jobs for domestic workers with these policies in mind.”
Not all support the legislation. The Virginia Association for Home Care and Hospice opposes it, arguing that overtime pay for live-in domestic workers is already required under the Fair Labor Standards Act.
The bill passed both chambers and heads to Youngkin’s desk, who has yet to indicate if he’ll sign it. If signed, Virginia will be one of only a handful of states that guarantee overtime pay for live-in domestic workers.
