Fair Labor Standards Act (FLSA)
For information on the new overtime/Fair Labor Standards Act (FLSA) program requirements, please watch this informational video available in English Spanish and Chinese. The video explains the new IHSS program changes regarding overtime and travel time pay, information on violations, and instructions for completing timesheets and travel claim forms. Video transcripts are also available.
Due to the new FLSA program requirements, existing providers are required to complete a new SOC 846 – Provider Enrollment Agreement available in English Spanish Armenian Chinese. Although existing providers will not be terminated for not completing the form, it is still required. If you have not already done so, please complete and mail the SOC 846 to your local IHSS Office.
Providers working for multiple recipients are also required to complete a SOC 2255 – Provider Workweek and Travel Time Agreement available in English Spanish Armenian Chinese. The form helps providers develop their workweek schedule. Additionally, the SOC 2255 must be completed in order to be paid for travel time.
FLSA Exemptions:
Recipients or providers, who have submitted and have a pending request to the California Department of Social Services (CDSS) for a Live-In Family Provider, or Extraordinary Circumstances exemption, may contact the Department directly at (916) 551-1011, Monday through Friday from 9:00 a.m. – 4:00 p.m. to find out the status of their request. When leaving a message, please include your name and telephone number.
Written inquiries can be sent to:
California Department of Social Services
744 P Street, Mail Stop 9-9-04
Sacramento, CA 95814
Or via email at:
apbinquiryresponse@dss.ca.gov
One-Time Exceptions
When recipients require a provider to work more than the recipient’s maximum weekly hours and it does not meet one of the criteria below, the recipient must contact the County (as soon as possible) to request a one-time exception to prevent the IHSS provider from incurring a violation.
On occasion, it may be necessary for a recipient to authorize his/her provider to work more than the recipient’s maximum weekly hours. The recipient may make the authorization without requesting approval from the County when:
- The adjustment in the work schedule does not result in the provider working more than 40 hours a week, when the recipient is authorized 40 hours or less in a workweek;
- The adjustment in the work schedule does not result in the provider receiving more overtime hours than they normally works in a calendar month; and
- The adjustment in the work schedule does not result in a provider (working for multiple recipients) working more than the maximum weekly limit of 66 hours.
To request the one-time exception, please contact your local IHSS office and request to speak to a representative from the FLSA Unit.