Know Your Rights

Non-live-in IHSS providers are entitled to overtime at 1.5× their regular rate for hours over 8 per day or 40 per week.

Double time applies for hours over 12 in a single day, or for hours over 8 on the 7th consecutive day of the workweek.

Live-in providers have different rules — see the Live-In section below. They are generally exempt from daily overtime but still earn weekly overtime over 40 hours.

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 (domestic violence, sexual assault, stalking)

You cannot be fired or punished for using legally earned sick leave. If your employer retaliates, file a complaint with the CA Labor Commissioner at 1-844-522-6734.

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.

Commute from your home to your first client, and from your last client home, is generally not paid — this is normal commute time.

Keep a travel log (date, client 1, depart time, client 2, arrive time) to document your claim if needed.

If your county IHSS office isn't compensating travel time, contact the CA Labor Commissioner or SEIU 2015 for help.

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.

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 (the 8-hour rule). 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.

EVV is a system that electronically 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 or you cannot clock in/out electronically, 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.

Most California IHSS providers are represented by SEIU 2015, the largest long-term care workers' union in the US. 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.

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.