Fair Labor Standards Act (FLSA) and In Home Supportive Services (IHSS)
The California Department of Social Services (CDSS) posted a notice indicating that, due to recent court action, California is moving ahead to meet federal regulations that require the payment of overtime wages for certain home care workers who work more than forty hours in a workweek. Effective February 1, 2016, Individual Providers in IHSS are now eligible for compensation for over time, travel time and wait time. The state has mailed information notices about the new overtime regulations to all recipients and providers in the IHSS program.
Information (Mailed) to Individual Providers:
The SOC846 form is overdue. Please return it right away.
Provider Enrollment Agreement SOC846 (PDF 34KB)
SOC 846 by language: : Armenian, Chinese, Hmong, Russian, Spanish, Tagalog, Vietnamese
Providers must sign and return this form to the county to confirm that you understand the new workweek limits as explained in the notice. A reminder letter has been mailed to providers if the SOC846 has not been received.
Mail the form to: Santa Clara County Social Services Agency - IHSS, P.O. Box 11018, San Jose, CA 95103-1018
Providers must sign and return this form to the county to confirm that you understand the new workweek limits as explained in the notice.
Providers will receive this form if you work for more than one recipient. If you, the IHSS provider, work for (or plan to work for) more than one IHSS recipient, you must complete the SOC2255 form and return it to the county in the return envelope provided. No travel claim forms will be sent unless this form is completed. This form confirms you understand and agree to the new workweek and travel time limits. It lets the county know the recipients you work for, how many hours you will work each week for each recipient, and how much travel time you will have (if any) between recipients each week.
Information to Recipients:
Recipient and Provider Workweek Agreement SOC2256 (PDF)
also by language: Armenian
If you, the IHSS consumer, get authorized services from more than one provider, you and each of your providers must complete and sign the same SOC2256 form that will show the schedule of authorized hours each of your providers will work for you each week. You and each of your providers must sign the same SOC2256 form and return it to the county in the return envelope provided.
More questions? Please visit the dedicated overtime page on the SourceWise
website for additional information. Among other items, you will find a list of frequently asked questions and a maximum weekly hour calculator.
CDSS has posted a new IHSS informational video. This video explains the new IHSS program changes that will be implemented February 1, 2016 regarding overtime and travel time pay, information on violations, and instructions on completing Timesheets and Travel Claim forms. This video is now available on the CDSS website at the links below: