IHSS New Program Requirements: Implementation of Overtime, Travel Time and Wait Time
February 2016, the new Fair Labor Standards Act (FLSA) Overtime, Travel Time and Wait Time requirements began in the IHSS Program. To ensure as smooth an implementation of these changes as possible, we hope to provide all information pertaining to the changes, and for counties and Public Authorities, the County/Public Authority (PA) Training Plan.
Per Senate Bill 855 (Chapters 29, Statutes of 2014) and Welfare and Institutions Code (WIC) § 12300.41(b), CDSS has completed the March 2017 In-Home Supportive Services Program: Report to the Legislature on the Impact of the FLSA Overtime Rule.
IHSS Provider Overtime Exemption and Violation Statistics
- Exemption 1: As of 03/07/2017, there were 1,449 providers approved, 587
denied, and 4 pending.
- Exemption 2: As of 03/07/2017, there were 64 providers approved, 80
denied, and 5 pending.
View the IHSS Provider Overtime Exemption and Violation Statistics, PDF for provider errors and violations, as of 03/07/2017.
IHSS Overtime Exemption 2
The Department developed an Extraordinary Circumstances Exemption (Exemption 2) for providers who serve two or more recipients who meet one or more conditions to allow them to work up to 360 hours per month, up to 90 hours per week combined for all recipients, and not receive a workweek violation.
Recipient and Provider Video
- Trainer Binder Materials
- Participant Packet Materials
All County Letters
- ACIN I-09-16 (January 27, 2016)
Release of IHSS Informational Video: 2016 Fair Labor Standards Act (FLSA)
- ACIN I-08-16 (January 22, 2016)
Updates to the Case Management, Information and Payrolling System (CMIPS) II Screens and Forms Tracking for Implementation of Provisions of Senate Bills 855 and 873 Relating to the IHSS and Waiver Personal Care Services Programs
- ACL 16-07 (January 21, 2016)
Exemption to Provisions of Senate Bills 855 and 873 (Chapters 29 and 685, Statutes of 2014) Relating to the In-Home Supportive Services (IHSS) and Waiver Personal Cares Services (WPCS) Programs for Family Live-In Care Providers
- ACL 16-01 (January 7, 2016)
Reinstatement of Implementation of Provisions of Senate Bills 855 and 873 (Chapters 29 and 685, Statutes of 2014) Relating to the IHSS and Waiver Personal Cares Services Programs