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Fair Labor Standards Act Update

County Personnel Administrators Association of California (CPAAC) Fall Conference| September 17, 2015
Presented by: Jack Hughes

                   IHSS Homecare Worker Overtime
                   Eligibility

                  Companionship Services is now defined as:

                        “[T]he provision of care” such as “meal
                        preparation, driving, light housework, managing
                        finances, assistance with the physical taking of
                        medications, and arranging medical care” only if
                        that care “does not exceed 20 percent of the
                        total hours worked.” (29 C.F.R. § 552.6(b)
                        (2015).)

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                   IHSS Homecare Worker Overtime
                   Eligibility

                     Unless California law is changed, this ruling should
                     not affect California counties.

                          – Change in law is not a basis for recalculating a
                             county’s maintenance of effort.

                     However, the State of California has been unwilling
                     to definitively comment on this issue.

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