Historic victory for IHSS providers – overtime pay begins next year!

overtime rally


Nearly a year after going back on its promise to caregivers, the state of California finally announced it will begin paying IHSS providers overtime on February 1, 2016.

The announcement came not long after Supreme Court Chief Justice John Roberts denied a last ditch request by greedy for-profit homecare agencies to block the recent U.S. Court of Appeals decision that favored implementing the U.S. Department of Labor’s (DOL) Home Care Final Rule.

“We’re celebrating this victory, because not only do we deserve overtime pay—we need it,” said UDW President and IHSS provider Editha Adams. “We work hard to keep California’s seniors and people with disabilities safe and healthy in their homes, yet we make poverty wages, and too many of us struggle to support our own families.”

Together, we fought hard for this victory. We celebrated when the DOL amended the Fair Labor Standards Act to finally extend overtime pay and minimum wage protections to the country’s nearly 2 million homecare workers. The decision meant that after nearly 75 years, the federal government was recognizing the legitimacy and importance of our work, and giving us a right that most workers already enjoy. And when Governor Brown went back on his promise in January and decided not to pay IHSS providers overtime, we got to work. We rallied together and called on the governor to keep his word.

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UDW members throughout the state are celebrating the state’s plan to finally implement the overtime pay we fought for and deserve:

“We rallied in Sacramento, and it’s finally happening,” said Adami Lopez, an IHSS provider from Orange County. “I’m so excited! This is going to be such a benefit for my family, especially my little angel Adesis.” Adesis is Adami’s 10-year-old son who has autism. He needs to see a specialist, and Adami is planning to use the additional money she will receive in overtime pay to pay for it.

“I think it’s awesome,” said Stanislaus County IHSS provider Terry Walker-Dampier, echoing Adami’s excitement. “Now I’ll be able to pay down a medical bill, and maybe even save up money to visit my family back in Mississippi.”

We still have some work to do. We’re going to continue to fight for retroactive pay back to October 13, 2015, which is when the Department of Labor’s overtime rule went into effect. Homecare providers can help win the fight for retroactive pay by:

  • Making copies or taking photos of your timesheets before sending them to the state.
  • Keeping a separate log of overtime hours worked, hours spent traveling between clients, and hours spent in medical accompaniment with your clients. (Download a sample time log here.)
  • And contacting UDW at 1-800-621-5016 if you have any questions about keeping track of your hours.

In addition, UDW is committed to ensuring that overtime pay is a great benefit for all IHSS providers. The union is working with our allies to push the state for an exemption of as many family homecare providers as possible from the weekly cap before overtime pay begins next year.

We fought long and hard, and together we have won!

Check back here for updates on retroactive pay and the cap on hours for family homecare providers as they become available.


Paid for by United Domestic Workers of America Action Fund, sponsored by United Domestic Workers of America. Not authorized by a candidate or a committee controlled by a candidate.