Direct Service Trainer (DST) Hours


Under this new ruling Direct Service Providers can only work:

  • 8 Hours a Day
  • 6 Days a Week
  • A Maximum of 40 Hours in a Week


IHSS Service Hours


IHSS hours will also count towards the hours listed above. This is because On My Own and IHSS is considered Joint Employers (see below for more details).

  • IHSS Will Not Pay More Than 40 Hours (Per Pay Period) Unless Approved By Social Worker. If Approved, The Maximum Is 61 Hours. (66 Hours And After The 7% Cut, It’s 61 Hrs) And Only For Clients With Max Hours.
  • IHSS Will Pay Up To 7 Hrs Of Travel Time (Weekly), From One Client To The Other In The Same Day.
  • WIC Code Sec. 12300.4(B)(5) Allows CDSS And Counties To Terminate And IHSS Provider For Repeated Violations Of The Workweek Requirements:


                           



   



More Information: http://www.cdss.ca.gov/agedblinddisabled/pg3486.htm

Joint Employment

Based on the June 2014 ruling of the Department of Labor, service providers which help to manage, monitors, or oversees the IHSS services is a Joint Employer with IHSS. Please see the links below for more information regarding the issue.

http://www.dol.gov/whd/regs/compliance/whdfs79e.htm
http://www.dol.gov/whd/opinion/adminIntrprtn/FLSA/2014/FLSAAI2014_2.htm

Advocacy Efforts and Items Pending


We have asked our legislators at the State and Federal Level to address the issue. Below are some of the things we have asked for and are still pending:

  • An 18 Month Hold On Implementation
  • For Sleep Hours Not To Be Considered In The Calculations
  • A Carve Out Or Exemption For The Developmentally Disabled Population
  • Relief Or Revision Of The Joint Employment Ruling
  • On My Own Is Partnering With Other Agencies To Share Openings

Changes to Fair Labor and Standards Act

The following information is to help guide employees to the new changes to the Fair Labor and Standards Act (FLSA) beginning January 2015.

The new federal ruling will eliminate the overtime exemption for employers who employ people in household occupations. Many of our employees work in several programs. However, the purpose of this notice focuses on the employees in the Supported Living Program.


  • 1st And 2nd Violation: Written Warning
  • 3rd Violation: 6 Month Suspension- (With Unpaid Trainings Available)
  • 4th Violation: 1 Year Suspension. (After The 1 Year Suspension, The Provider Would Have To Re-Enroll With IHSS.