New FLSA & SB 855 Requirements

The final stakeholder discussion group pertaining to the implementation of the new IHSS overtime rules will be held on August 15, 2014. The previous two meetings in July focused on general overview plus new timesheets and systems. The meeting on August 15 will focus on policy and operational issues

Below are highlights from the presentation regarding the new FLSA & SB 855 Requirements. You can download the full presentation at the bottom of this page.

New FLSA Requirements

  • Overtime compensation when working more than 40 hours in a week(not to exceed the consumer authorized hours or weekly cap)
  • Defined 7-day workweek to claim overtime
  • Payment for travel time when traveling directly between different recipients on the same day

SB 855 IHSS Requirements & CDSS Implementation

  • Allows for paid overtime in the IHSS program
  • Allows for a 3 month grace period: Jan 1, 2015 – March 31, 2015
  • Full implementation begins April 1, 2015
  • Defines a 7 day workweek: Sunday thru Saturday
  • Paid travel (7 hours/week) for providers working with multiple recipients on same day
  • New county assistance to providers and recipients who have multiple relationships
  • Flexibility to adjust recipients weekly hours
  • Specifies recipient responsibilities to manage provider’s work schedules and hire additional providers as needed
  • Providers will need to submit timesheets within 2 weeks of end of work period for timely payment
  • Requires the state to inform consumers and providers of new requirements
  • Allows CDSS to terminate providers who abuse overtime – new procedures
  • Requires CDSS to conduct a 24 month overtime study on implementation and impact

Send questions and feedback to: IHSS-training@DSS.CA.GOV

For related materials and other FLSA related stakeholder meetings and information, please visit: CDSS

It is possible to listen via telephone. No telephone number has been posted for the August 15, 2014 meeting yet. Refer to CDSS web page for the telephone number.

Click the link below to view/download the presentation