Los Angeles County Department of Public Social Services

Fair Labor Standards Act (FLSA) Information Corner

Overtime Rules in IHSS

On February 1, 2016, providers became eligible to receive payment for:

• Hours worked over 40 hours in one workweek; and
• Time spent traveling from one consumer’s residence to another on the same day.

The Overtime and Travel Time Information Flyer provides additional information on:

• Limits on how many hours providers can work weekly;
• What can cause a provider to receive a violation; 
• Violation stages;
• Who to contact with questions regarding overtime rules and/or violations.

Educational Videos are also available at the California Department of Social Services website.

FLSA Exemptions

Recipients or providers, who have submitted and have a pending request to the California Department of Social Services (CDSS) for a Live-In Family Provider, or Extraordinary Circumstances exemption, may contact CDSS directly at (916) 551-1011, Monday through Friday from 9:00 a.m. to 4:00 p.m. to find out the status of their request.  When leaving a message, please include your name and telephone number.

Written inquiries can be sent to: 
California Department of Social Services
744 P Street, Mail Stop 9-9-04
Sacramento, CA 95814
Or via email at:
apbinquiryresponse@dss.ca.gov

One-Time Exceptions

When recipients require a provider to work more than the recipient’s maximum weekly hours and it does not meet one of the criteria below, the recipient must contact the County (as soon as possible) to request a one-time exception to prevent the IHSS provider from incurring a violation.

On occasion, it may be necessary for a recipient to authorize his/her provider to work more than the recipient’s maximum weekly hours.  The recipient may make the authorization without requesting approval from the County when:

• The adjustment in the work schedule does not result in the provider working more than 40 hours a week, when the recipient is authorized 40 hours or less in a workweek;
• The adjustment in the work schedule does not result in the provider receiving more overtime hours than he/she normally works in a calendar month; and
• The adjustment in the work schedule does not result in a provider (working for multiple recipients) working more than the maximum weekly limit of 66 hours.

To request the one-time exception, contact the IHSS Helpline at (888) 822-9622.