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Fair Labor Standards Act (FLSA)

Overtime Rules in IHSS
IHSS Providers
  1. Can receive payment for:
    • Hours worked over 40 hours in a workweek as overtime (OT);
    • Wait time at medical appointments under certain conditions;
    • Time needed for traveling directly from one recipient to another on the same day, up to seven hours per workweek; and
    • Attending mandatory State training after you start working.
  2. Can’t work more than 66 hours per workweek unless granted an exemption;
  3. Can work up to a maximum of 90 hours per workweek, if granted an exemption; and
  4. Will receive a violation whenever the maximum workweek limits for OT or travel time are exceeded.

Additional information:

  • Educational Videos are also available at the California Department of Social Services website.
FLSA Exemptions
Extraordinary Circumstances

The Extraordinary Circumstances exemption is available to care providers working for multiple recipients who are at risk of out-of-home placement.

To be eligible for the Extraordinary Circumstances exemption, the provider must work for two or more IHSS recipients whose circumstances put them at risk of placement in out-of-home care.

All recipients for whom the provider works must meet at least one of the following conditions:

  • Have a complex medical and/or behavioral need that must be met by the provider who lives in the same home as the recipient(s); or
  • Live in a rural or remote area where available providers are limited; or
  • Are unable to hire a provider who speaks the same language.

To apply for an Extraordinary Circumstances exemption, complete the SOC 2305 [Español] [中文] [հայերեն] and return the form to your assigned IHSS Social Worker.

For questions regarding a pending Extraordinary Circumstances request, contact the IHSS HelpLine at (888) 822-9622 (Monday through Friday from 8:00 a.m. to 5:00 p.m.)

One-Time Exceptions

IHSS recipients must obtain County approval whenever you need your IHSS provider to work more than his/her maximum weekly hours when the adjustment in the work schedule results in the provider:

  • Working more than 40 hours a week, when he/she normally works less than 40 hours in a workweek;
  • Receiving more overtime hours than he/she normally works in a calendar month; or
  • Working more than the maximum weekly limit of 66 hours when he/she works for multiple recipients.

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