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 Personal Care Services Overtime

Fair Labor Standards Act Personal Care Overtime - In-Home Supportive Services (IHSS) and Waiver Personnel Care Services (WPCS)

On February 1, 2016 due to federal law, the Fair Labor Standards Act (FLSA) new overtime rule requires overtime pay for In-Home Supportive Services (IHSS) and Waiver Personal Care Services (WPCS) providers when they work more than 40 hours in a workweek.  Pursuant to state law, the maximum number of hours a provider is allowed to work in a workweek is 70-hours and 45-minutes.  There will be a three month grace period from February 1, 2016 through April 30, 2016 where a provider will be paid for all hours of overtime incurred and violations will not be sent out. However, WPCS has always been subject to a maximum work day of 12 hours, thus pursuant to new state law personal care services are not to exceed 70-hours and 45-minutes a workweek of IHSS and WPCS combined, regardless of how many IHSS and/or WPCS participants a provider may care for.
Last modified on: 5/1/2018 8:35 AM