FAQs: IHSS Overtime, Wait Time & Drive Time Payment Delayed by Judge

Overtime Delay FAQ

Has overtime, wait time and travel time been delayed?

Yes.  A district court judge ruled to temporarily delay enforcement of the new overtime, wait time and travel time rules.  California still has the right and ability to implement overtime rules we won last year anyway but have nonetheless decided to delay payment of overtime until further notice.

How long will the overtime rules be delayed?

The delay will last at least until January 15, 2015, but there will be another ruling in mid-January that will determine whether the new overtime rules will go into effect on January 15th.  Even if the overtime rules are delayed longer than January 15th, the federal government will be fighting to overturn the district court judge’s ruling so the rules can go into full effect.

How does the delay affect my hours?

All IHSS providers may continue working according to the same schedule they do now, without regard to the weekly hours caps.  Any provider who is working more than forty hours per week will be paid at straight time for all hours worked.

How does the delay affect the new timesheets?

Despite the delay, providers will still be receiving the new timesheets even though overtime and travel time will not be paid for.  Providers should fill out the timesheets completely, even with travel time, and keep a copy of each paycheck submitted while we wait for the overtime rules to be implemented.  It may be useful to have information about the number of overtime hours that were worked during the delay.

Is there anything I can do to fight for these overtime rules to be enforced?

Yes! If you work over forty hours a week and will be hurt by the State’s decision not to begin payment of overtime as scheduled, we urge you to share any stories via email about the impact this will have on the lives of caregivers.  Stories can be emailed to: MyStory@SEIU-ULTCW.org.  You can also sign our on-line petition by visiting our website at ULTCW.org.

Also, please ask your family, friends, and neighbors to sign our petition right away!  You can also copy and paste the URL and share it via Facebook, Twitter, email, etc. (http://chn.ge/1ALAHEN)

Who should I call if I still have questions?

You can contact the Member Action Center at 1-877-MY ULTCW with any questions you may have.