OVERTIME STOPPED BY COURT ACTION
Following a Federal Judge's ruling, on January 15, 2015, invalidating regulations adopted in 2013 by the U.S. Department of Labor, California Department of Social Services Director Will Lightbourne announced today a halt to the implementation of changes related to overtime, travel, and wait time pay for providers in the In-Home Supportive Services program.
"In view of the fact the Federal requirements relating to overtime payments have been vacated by the court, California will retain the program structure that existed before the Department of Labor issued the rule," said California Department of Social Services' Director Will Lightbourne. "This means recipients of services will continue to receive all of the monthly hours they have been authorized, and will continue to receive their services from their provider of choice."
All In-Home Supportive Services providers will continue to be paid straight-time at the locally bargained hourly wage, in the same manner in which hours were reported and providers were paid in 2014.
The California Department of Social Services (CDSS) In-Home Supportive Services (IHSS) website has been updated to include information about the Federal Labor Standards Act (FLSA) court ruling that was filed on January 14, 2015. You may find this information here.
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