Question: We have employees who are required to live or sleep where they work because of how remote the jobs are. Historically, we haven’t tracked hours, paid overtime, or monitored rest and meal periods because we thought there was an exception for employees who live or sleep where they work. Is that okay?
Answer: Maybe. There is an exception to Washington’s Minimum Wage Requirements and Labor Standards Act (WMWA) that could apply to these employees, but be careful using it. WMWA is the law that requires employers to provide basic protections for nonexempt (overtime-eligible) employees, such as tracking and paying for all hours worked, paying overtime for all hours worked over 40 in a workweek, providing rest and meal periods, and providing paid sick leave. There are a number of exceptions to these requirements, such as jobs whose duties and pay meet the white-collar executive, administrative, professional, or outside sales exemptions.
A less common exception that might apply in your situation is for employees whose duties require them to live or sleep where they work (see RCW 49.46.010(4)(j)). While that exception seems simple and applicable to your situation, a recent Washington Supreme Court decision makes its use risky if the work is dangerous. In this case, a group of live-in caretakers at adult family homes sued their employer, which was relying on the exception. The court ultimately sided with the employees, deciding the exception shouldn’t apply to live-in caretakers even though they were required to live and sleep at work. The court found that the work was dangerous (e.g., there were many injuries and employees didn’t get sufficient sleep), and because one of the core purposes of the WMWA is to protect employees in dangerous jobs, the exception shouldn’t apply to these individuals (Bolina v. AssureCare Adult Home LLC, Wash, July 2026).
Tips: While the court’s decision doesn’t eliminate the exception altogether, if the work your employees are doing might be seen as dangerous, reach out to your Vigilant Law Group employment attorney (Vigilant members) to discuss your risks and options. We’ll look at whether there are other exceptions that might apply to your employees, and if not, whether you should continue using the exception for employees who reside or sleep overnight at work.
