IHSS California Regulation Watch: Know the Laws That Protect You

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IHSS providers who do not live with their recipient are entitled to overtime pay (1.5×) after 9 hours in a day or 40 hours in a week, and double time (2×) after 12 hours in a day.

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This is the main law that created IHSS. It says California must provide in-home care services to elderly and disabled Medi-Cal recipients who would otherwise need nursing home placement.

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This is the main state law that created and governs the IHSS program — who qualifies as a recipient, what services are covered, how providers are paid, and how counties administer the program.

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IHSS providers who live in the same home as their recipient follow different overtime rules. You must be paid for all hours worked up to the authorized maximum, but the daily overtime threshold is 10 hours (not 9). Double time still applies after 12 hours.

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If you work more than 5 hours, you're entitled to a 30-minute unpaid meal break. If you work more than 10 hours, you get a second meal break. You're also entitled to a 10-minute paid rest break for every 4 hours worked. However, live-in providers have special rules.

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If you are paid less than minimum wage or denied overtime, you have the right to sue your employer in court and recover the unpaid wages plus attorney fees.

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All California workers — including IHSS providers — earn at least 40 hours (5 days) of paid sick leave per year. You can use it for your own illness or to care for a family member.

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Every paycheck must come with a written pay stub listing your gross wages, hours worked, pay period dates, deductions, and employer information. You are entitled to inspect your pay records at any time.

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AB 1228 sped up the wage theft claims process at the Labor Commissioner's office. Workers who file wage claims now get faster hearings and stronger enforcement against employers who don't pay.

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When you stop working as an IHSS provider, your final paycheck is due immediately if you quit with 72+ hours notice, or within 72 hours if you quit without notice. If the payment is late, you earn one extra day of pay for every day the check is late, up to 30 days.