Overtime update for IHSS providers

Update 1/23/2015: The fight for equal rights continues! Previously a judge issued another order halting overtime and other wage protections for homecare workers. But this is not the last word on overtime — the Department of Labor has filed an appeal to a higher court! We continue to urge Gov. Brown to move forward with overtime pay for IHSS providers in 2015. Sign the petition here. The state will still be issuing the new timesheets for use starting January 1. Please use the new timesheets and record overtime, medical accompaniment time, and travel time accordingly. There is no workweek cap in effect while the implementation of overtime pay and other labor protections is delayed and, as always, IHSS providers should not work more hours than your clients are authorized. We will update you as soon as new information becomes available.

December 31, 2014

The for-profit homecare industry and its wealthy backers are trying to stop IHSS providers from being paid for overtime and travel time. The day before IHSS providers were scheduled to start earning overtime pay for the first time in history, a federal judge issued a temporary restraining order halting the new rules from going into effect. Despite the court order, we are calling on Governor Jerry Brown to uphold the state’s commitment to pay overtime and travel time to IHSS providers.

The court case Home Care Association of America v. Weil was brought by several parties including an association of for-profit homecare agencies. Last week, the judge struck down portions of the Department of Labor regulations involving third-party employers. Despite the fact that IHSS providers are not employed by private agencies, the decision has implications for IHSS providers.

After today’s temporary restraining order was issued, the California Department of Social Services released a statement announcing that they are suspending the implementation of overtime until at least through January 15th.  The statement says:

IMPORTANT NOTICE TO ALL IHSS RECIPIENTS AND PROVIDERS

Dear Recipients and Providers,

On Wednesday, December 31, 2014 the US District Court in Washington, D.C. temporarily stopped the federal overtime pay requirements for home care workers which was due to go into effect 1/1/15.

This means that:

  The IHSS program in California will not be implementing payments for overtime, travel time, or wait time for providers of services at this time, and

  The “hours cap” of 61 hours per week for each provider will not go into effect at this time.

All authorized hours worked will be paid only at straight-time (the locally bargained hourly wage), and travel and wait time will not be paid.  This means providers will be paid the same way they were in 2014 until further notice.

The IHSS program will notify you if or when there are any further changes.

“It is appalling that the for-profit homecare industry and its wealthy backers brought this court case to deny dignity to the workers who provide compassionate and lifesaving care to seniors and Americans with disabilities,” said Doug Moore, UDW Executive Director. “We expect the Brown Administration to uphold its commitment to homecare workers and pay overtime.”

In 2014 IHSS providers, homecare advocates, and our union secured funding in the state budget for overtime pay. SB 855, which spells out the implementation of the Department of Labor rules in California, was passed and signed into law by Governor Brown.

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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.

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