Home Care Overtime Rule

The State of California releases announcement on Home Care Overtime Rule.  Full- scale implementation expected on February 1st, 2016.  A final decision on retroactive pay is not yet known at this time.

The Brown Administration will comply and implement the US Department of Labor regulations requiring overtime for previously exempted State funded home care workers.   Several key questions remain unanswered such as:

-           Retro Active Pay for In Home Supportive Services (IHSS) workers.

-           Retro Active Pay for Waiver Personal Care Services

-           Rate adjustment for regional center funded home care services.


Following consultation with consumer advocates and unions representing providers, the Administration is moving forward on a variety of activities that together will enable the payment of overtime wages in biweekly payrolls beginning on February 1, 2016.  These activities include:

-           Updating the timesheets used in these programs to enable the capture of      hours worked in excess of forty hours per workweek

-              Training the State's nearly 400,000 service providers and 500,000 home    care services recipients in how to fill out and approve the new timesheets

-           Implementing workweek agreements for providers serving multiple    consumers

-           Preparing county staff to assist with workweek agreements and resolve        timesheet errors

-           Finalizing changes to the automated case management and payroll system   to enable overtime payments

-             Adding a new IHSS service category for accompaniment to medical   appointments, and enabling payment for travel incurred while serving    multiple recipients on the same day


Recipients and providers will be notified of associated program changes in advance of the February 1 date.