DRC: New IHSS Overtime Rules: What Do the New Rules Mean for Consumers?

Courtesy of Deborah Doctor, Disability Rights California, here is DRC’s take on the Budget Act and trailer bill on IHSS Fair Labor Standards:  

In short, for the first time, IHSS workers will be able to get overtime if they work more than 40 hours (for one or more consumers) in a week.  The state budget that just passed sets these limits: 

1.   A limit on how many hours an IHSS worker can work in a week: workers can not work more than 66 hours each week, minus the 7% cut to consumer hours, no matter how many consumers they work for. For almost most workers, this means they can work no more than 61 hours per week. There is NO exception policy.

2.   A limit on how many hours of service an IHSS consumer can use in a week. This is not a reduction in hours. For the first time, the authorized total monthly hours will be divided into a weekly amount. This means there are two limits on consumers and workers: the number of hours per week a worker can work and the number of hours per week a consumer can receive services. There are some exceptions to the limits on a consumer’s service hours. For many consumers, these two new limits will not change how things work now. 

These are the basic provisions, but the new rules are complicated. Please see our new publication for a full summary. 

If anything changes we will revise the publication.  

Thank you for your patience. 

Deborah Doctor
Legislative Advocate
Disability Rights California
California’s protection and advocacy system


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