For IHSS Workers
Know Your Rights
California IHSS caregivers have strong legal protections. Here's everything you need to know — in plain English, not legalese.
Overtime Pay
The Law: CA Labor Code & IWC Wage Order 15
Non-live-in IHSS providers are entitled to overtime at 1.5× their regular rate for hours over 9 per day or 40 per week.
Double time applies for hours over 12 in a single day.
Live-in providers have different rules — they are generally exempt from daily overtime but still earn weekly overtime over 40 hours.
Daily Overtime
9+ hrs/day
1.5× rate
Weekly Overtime
40+ hrs/week
1.5× rate
Double Time
12+ hrs/day
2× rate
Important: You must request overtime authorization in advance from your county IHSS office using form SOC 2255. Your employer cannot illegally deny your right to request it.
Sick Leave
The Law: CA Healthy Workplaces Healthy Families Act (AB 1522)
You earn 1 hour of paid sick leave for every 30 hours worked, up to 40 hours (5 days) per year.
You can use sick leave after working for the same employer for 90 days. You can use it for:
- • Your own illness, injury, or medical appointment
- • Care for a family member (parent, child, spouse, sibling, grandparent, grandchild, domestic partner)
- • Safe time related to domestic violence, sexual assault, or stalking
You cannot be fired or punished for using legally earned sick leave. If your employer retaliates, call the CA Labor Commissioner at 1-844-522-6734.
Travel Time Between Clients
The Law: CA IWC Wage Order 15, DLSE Opinions
If you work for more than one IHSS recipient in the same workday, travel time between clients must be paid at your regular hourly rate.
Normal commute from your home to your first client, and from your last client home, is generally not paid.
Keep a travel log (date, client 1, depart time, client 2, arrive time) to document your claim if needed.
If your county IHSS office is not compensating travel time, contact the CA Labor Commissioner or SEIU 2015 for help.
Wage Theft Protection
The Law: CA Labor Code §§ 1194, 203, 226
Wage theft includes: underpaying wages, not paying overtime, deducting from your paycheck without consent, bounced or delayed checks, or denying earned sick leave.
How to report:
- 1. Document everything — keep copies of all timesheets, pay stubs, and communications
- 2. File a wage claim with the CA Labor Commissioner (DLSE) at dir.ca.gov/dlse or 1-844-522-6734
- 3. For IHSS-specific issues, contact your county IHSS Public Authority
- 4. SEIU 2015 members can contact their union at 1-855-810-1699
Retaliation for filing a wage claim is illegal. Your employer cannot reduce your hours or terminate you for reporting.
Live-In Provider Rules
If you live in the same home as your IHSS recipient, special rules apply:
- Daily overtime exemption: Live-in providers are generally exempt from daily overtime. But weekly overtime (40+ hours) still applies.
- Federal income tax exemption: Wages paid to a live-in provider by a Medi-Cal recipient may be excluded from federal gross income under IRC §131. File IRS Form 2441 or consult a tax professional.
- CA income tax: California does not have the same exemption — IHSS wages are still subject to CA state income tax (unless CalEITC applies).
- Sleep time: If you are on-call overnight but sleeping, that time may not count as paid work. Review your IHSS hours authorization carefully.
Tax tip: If you are a live-in provider, keep good records and consult with a free tax preparer (VITA sites offer free tax help for low-income workers — find one at irs.gov/vita).
Electronic Visit Verification (EVV)
EVV is a system that records the start and end time of IHSS visits. California uses the Electronic Services Portal (ESP) and the IHSS EVV mobile app.
Your EVV rights:
- • You are not required to use location services beyond what is legally required
- • If the app fails, you may use a paper timesheet (SOC 841) as a backup — do not skip submitting your hours
- • Your recipient must also confirm/approve your time entries
- • Disputed EVV records should be escalated to your county IHSS office in writing
Never submit false EVV records. Fraudulent timesheets can result in criminal charges under CA Welfare & Institutions Code.
Union Rights (SEIU 2015)
Most California IHSS providers are represented by SEIU 2015. Membership is voluntary.
As an IHSS worker you have the right to:
- • Join or not join SEIU 2015 without penalty
- • Participate in collective bargaining discussions
- • Have union representation during disciplinary meetings
- • Organize and talk with coworkers about union issues
Union members may access benefits including legal help, training programs, and health coverage. Contact SEIU 2015 at 1-855-810-1699 or seiu2015.org.
Anti-Discrimination Protections
Under California's Fair Employment and Housing Act (FEHA) and federal law, IHSS providers are protected from discrimination based on:
File a discrimination complaint with the CA Civil Rights Department (CRD) at 1-800-884-1684 or calcivilrights.ca.gov.