Independent Provider Overtime Information

Who is Eligible to Receive Overtime Pay?

An IHSS consumer who has been authorized for more than 160 monthly hours has overtime hours on their case. Those hours can be claimed by their provider if the consumer assigns the provider to work more than 40 hours in one work week, up to the consumer’s authorized maximum weekly hours amount.

If a provider works for only one consumer, the provider can work all the weekly authorized hours assigned to them, up to the consumer’s monthly authorized hours.

If a provider works for two or more consumers, the provider can only work a total of 66 hours per work week for all of their consumers combined.

How Are Overtime Hours Calculated?

Overtime hours are any hours worked above 40 hours in one workweek.

Providers cannot work overtime hours unless:

1. Their consumer has pre-authorized hours on their case (the consumer is authorized for more than 160 monthly hours); or
2. They work for more than one consumer and their total hours worked is between 40 and 66.

How do Providers Claim Overtime Hours on Their Timesheets?

Providers do not need to do anything extra to claim overtime. When a provider submits their timesheets, as normal, overtime hours are calculated automatically.

How do Providers Know if they Have Received Overtime Pay on Their Paycheck?

Overtime pay is the regular pay rate, plus half of the regular pay rate.

If the regular pay rate is $19, the overtime rate is $19 plus $9.50. On a paycheck with overtime, the paystub will show the total number of hours worked paid at $19, plus the number of hours worked over 40 paid at $9.50.

For example: A provider who works 46 hours per work week will see:

46 hours regular pay at $19

6 hours overtime pay at $9.50

Will IHSS Allow More Overtime Than Usual to be Worked in Special Circumstances?

An overtime adjustment can be requested if all of these conditions exist:

1. The need is unexpected; and
2. The need is urgent/immediate; and
3. The need cannot wait for a backup provider; and
4. The consumer’s health or safety is at risk

The consumer, or their authorized representative, must contact IHSS as soon as possible to request the exception. Requests can be made via:

Email: ihss-flsa@ssa.sccgov.org

Telephone: (408) 792-1600

Fax: (408) 792-1601

Mail: IHSS Social Services, P.O. Box 11018, San Jose, CA 95103-1018

Overtime Questions?

Visit the CDSS FLSA webpage for more information

In-Home Supportive Services has a direct line for overtime questions and for consumers to request overtime exemptions.

Call IHSS at (408) 792-1600

Choose option 2 for “provider,” then option 3 for “overtime.”