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Hours IWC Wage Order No. 15 active

Domestic Service Workers — Wage Order

Plain English Summary

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.

Impact on IHSS Workers

This is the primary overtime rule for IHSS non-live-in providers. It sets the 9-hour daily overtime threshold — different from the 8-hour threshold that applies to most other California workers.

What This Order Covers

IWC Wage Order No. 15 governs wages, hours, and working conditions for domestic service employees in California — including IHSS providers.

Overtime Rules for Non-Live-In Providers

HoursRate
Up to 9 hours/day or 40 hours/weekRegular rate
Over 9 hours/day OR over 40 hours/week1.5× regular rate
Over 12 hours in a day2× regular rate

Note: The IHSS daily overtime threshold is 9 hours, not 8. This is unique to domestic service workers under Wage Order 15.

Live-In Provider Rules

Live-in IHSS providers (those who reside in the recipient’s home) are exempt from daily overtime but still earn overtime for hours over 40 per week.

Requesting Overtime Authorization

To be paid for overtime, IHSS providers must request advance authorization from their county IHSS office using form SOC 2255. Unauthorized overtime may not be reimbursable, but your employer cannot illegally deny your right to request it.

Meal and Rest Breaks

  • Rest break: 10 minutes paid rest for every 4 hours worked
  • Meal period: 30-minute unpaid meal break after 5 hours of work
  • If your employer requires you to remain on-duty during your meal break, it must be paid

Effective: December 31, 2013