Waiver Personal Care Services
Fair Labor Standards Act Personal Care Overtime - In-Home Supportive Services and Waiver Personal Care Services
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.
