IHSS Worker Rights Under California Labor Law: What You're Entitled To

IHSS Worker Rights Under California Labor Law

IHSS providers are workers, and workers in California have rights. Many of these rights were not always available to domestic workers — but decades of advocacy have changed that. Here is a plain-English breakdown of what you are legally entitled to.

Wage Rights

Minimum wage: You must be paid at least the California state minimum wage, which is currently $16.50/hour. IHSS wages must meet or exceed this. Overtime: You are entitled to overtime pay at 1.5x your regular rate for:

Hours over 9 in a single workday
Hours over 45 in a single workweek

All time worked must be paid: This includes time preparing for work, time spent waiting during a shift when you cannot leave, and travel time between IHSS recipients.

Break and Rest Period Rights

Rest break: A 10-minute paid rest break for every 4 hours worked (or major fraction thereof)
Meal break: A 30-minute unpaid meal break for shifts over 5 hours (can be waived if shift is 6 hours or less and both parties agree in writing)

Paid Leave Rights

Paid sick leave: At least 24 hours per year (see separate IHSS sick leave guide for details)
State Disability Insurance (SDI): If you cannot work due to illness or injury, you may qualify for SDI wage replacement — see edd.ca.gov
Paid Family Leave (PFL): If you need time off to care for a seriously ill family member or bond with a new child, you may qualify for up to 8 weeks of PFL wage replacement

Right to Organize

You have the right to join or form a union, attend union meetings, and engage in collective bargaining without employer retaliation. IHSS workers are represented by SEIU 2015.

Protection from Retaliation

Your employer (the county/Public Authority) cannot retaliate against you for:

Filing a wage complaint
Reporting unsafe working conditions
Using sick leave or other protected leave
Participating in union activities
Reporting immigration-related violations

Retaliation includes termination, reduced hours, threats, or any adverse action. File a complaint at dir.ca.gov/dlse or call 1-844-522-6734.

Immigration Rights

Your immigration status does not affect your right to minimum wage, overtime, sick leave, or protection from workplace retaliation under California law.

Resources

California Labor Commissioner: 1-844-522-6734 | dir.ca.gov/dlse
SEIU 2015: 1-866-756-1021 | seiu2015.org
CDSS IHSS helpline: 1-800-952-5253