California’s AB 1228, signed into law in 2023 and effective January 1, 2025, significantly strengthens wage theft protections for all workers — including IHSS providers.
Key Changes Under AB 1228
Faster Claims Process The Labor Commissioner’s Office must now complete initial review of wage claims within 30 days for cases under $15,000 (most IHSS provider claims qualify).
Higher Penalties Employers who willfully steal wages now face penalties of 3× the amount stolen, up from 2×. For IHSS-related disputes with counties or agencies, this applies directly.
Joint Liability County contractors and care agencies can now be held jointly liable for wage theft by subcontractors — important if you work through a WPCS or care management agency.
What Counts as Wage Theft for IHSS Providers
- Unpaid overtime — hours over 9/day or 40/week that weren’t paid at 1.5× or 2×
- Denied travel time — not being paid for time traveling between clients
- Unpaid training time — mandatory EVV training or safety training that wasn’t compensated
- Late paychecks — California requires payment within specified deadlines
How to File a Claim
Call the Labor Commissioner at 1-844-522-6734 or visit dir.ca.gov/dlse.
Keep records: timesheets, pay stubs, any written communications about hours or pay.