U.S. Court of Appeals Upheld DOL Rule, homecare workers to get overtime.

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FLSA broken down for you. 

The good: Starting February 1, 2016 IHSS/WPCS providers will get paid for overtime, at a rate of one and a half times the regular hourly pay, when the time worked exceeds 40 authorized hours per a workweek. However, a provider is not to work more than 66 authorized hours per a workweek, regardless if service is being provided to one recipient or more than one recipient.  A work week starts on Sunday at 12:01 AM and ends on Saturday at 12:59 PM.

How to determine your maximum weekly hours

Consumers (recipients), will take their current authorized hours per a month and divide that number by 4.  The result will be your maximum weekly hours.  It is up to you the consumer to distribute the maximum weekly hours amongst his/her provider(s). Recipients must take into consideration that most months are slightly longer than four weeks, the recipient will need to allocate his/her authorized monthly hours throughout the month to ensure that he/she has enough hours to cover his/her authorized services until the end of the month.

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The state Department of Social Services released a letter on November 4th, 2015 stating that they are preparing for overtime and it will start February 1st, 2016.

Statement regarding federal regulations that require the payment of overtime wages for certain home care workers

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. These workers in California include providers of In-Home Supportive Services (IHSS), waiver personal care services, and certain assistive services for developmentally disabled individuals. State law provides mechanisms for payments and establishes caps on the number of hours that a provider may work within a given workweek. To read the full statement, click here.

 

 

U.S. Court of Appeals Upheld DOL Rule

On August 21, 2015 a U.S. Court of Appeals upheld the DOL Rule, extending minimum wage and overtime protections to home care workers, effective October 13, 2015. This ruling reversed the December 2014 and January 2015 order that U.S. District Court Judge Richard Leon had issued  vacating the Final Rule’s revised third party regulation and revised definition of companionship services, respectively.

What does this mean?

Providers are now able to claim overtime pay.  The overtime pay rate is one and a half times your regular pay rate.  Overtime is all hours worked over 40 hours in a workweek, including travel time. Providers who work for more than one consumer may also be paid for travel time. Paid travel time is the time it takes for a provider to travel directly from providing services to one consumer to providing services to the next consumer on the same workday.

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Overtime, wait and travel time for California’s Homecare workers is stopped by Judge. 

On December 31, 2014 a Federal district court judge ordered a temporary stay until a January 15th hearing, on the DOL (Department of Labor) Home Care Final Rule. The Home Care Final Rule was to extend overtime, wait time and travel time protections to almost 2 million Homecare Workers beginning January 1st, 2015.                                                                                                                                          

On January 15, 2015 a U.S. District Court Judge issued an opinion and order vacating the Final Rule and its requirements to pay overtime, wait time and travel time to homecare workers.

 “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.”

To read the decision, click here.

The DOL has appealed the Courts decision, and stands behind the FLSA Rule extending overtime, wait time and travel time to homecare workers.