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AB 1228 IHSS Wage Theft Law: How California Protects Caregivers

California's AB 1228 speeds up wage theft claims for IHSS providers, cutting resolution time from months to weeks. Here's what it means for your pay rights.

Policy Context

If you're owed back wages, the new law speeds up the Labor Commissioner process from 60–90 days to as fast as 30 days for straightforward cases. Penalties for willful wage theft are tripled. Use this law to pursue unpaid overtime, denied travel time, or missing training pay.

By the Unified Savers Editorial Team

This information is based on official California DSS guidelines and is reviewed for accuracy. For case-specific legal advice, consult a qualified attorney or your local legal aid organization.

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 overtimehours 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.


Related: Know your IHSS caregiver rights · Track all 58 county IHSS wages · IHSS overtime rules California 2026 · All IHSS news and updates

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