Virginia General Assembly passes overtime pay for live-in nannies, housekeepers

The legislation would allow live-in domestic workers and home care workers to earn overtime pay. 

On Tuesday, the Virginia House of Delegates passed Senate Bill 28 that would let live-in domestic workers earn overtime pay.

The bill’s passage comes after years of advocacy on behalf of these workers. Just five years ago, Virginia became one of the first states in the South to pass legislation requiring domestic workers to be paid the state minimum wage and be eligible for overtime pay. 

But the 2021 bill excluded live-in domestic workers from getting overtime pay. The legislation moving through the General Assembly this week would require that live-in domestic workers earn one and a half times their regular hourly wage after they’ve already worked 40 hours in a week. 

State Sen. Jennifer Carroll Foy (D-Woodbridge) introduced SB28, which passed out of the Senate before crossing over to the House. State Del. Rozia Henson (D-Woodbridge) carried a similar bill in the House. Henson’s bill passed out of the House but is being rolled into Carroll Foy’s bill. 

Overtime legislation for live-in domestic workers was passed in 2024 and 2025, but former Republican Gov. Glenn Youngkin vetoed the bills. 

Jewel Gatling with the National Domestic Workers Alliance said live-in domestic workers live at their employers’ homes full-time and have no other home of their own; spend at least 120 hours there a week; or spend at least five consecutive days or nights in the employer’s home per week. 

Gatling tied today’s fight for domestic workers’ rights to America’s long history with slavery. She said historically the reason why live-in domestic workers weren’t given overtime was because “living in meant you were property, you were property of the house.” 

“That’s not okay,” Gatling said in an interview. “We aren’t in that place anymore.” 

Gatling said that Republicans have nitpicked over whether to fairly pay workers who are mostly women of color, including many who come from immigrant backgrounds. But it’s time they get the pay they deserve, she said. 

Carroll Foy said her legislation would give live-in domestic workers the same rights offered to all other domestic and low-wage workers. She said this is especially needed as demand for workers to look after America’s aging population explodes. 

“As our population rapidly ages, the care needs for families, caregivers, and the broader economy continues to rise,” Carroll Foy said in a statement. “This bill will promote sustainability for one of the Commonwealth’s fastest-growing workforces.”

Gatling said that Carroll Foy’s bill will advance to Gov. Abigail Spanberger’s desk. The legislation includes a carve out for home care workers who get paid with Medicaid dollars. 

Advocates hope that these home care workers win the right to collective bargaining this year and can win overtime protections once they have a seat at the negotiating table. 

Spanberger’s office did not respond to a request for comment.