THE State of California, in partnership with various counties throughout the state, administers an In-Home Supportive Services (“IHSS”) program to allow low-income elderly, blind, or disabled individuals to hire a caregiver to help them with daily activities, such as housework, meal preparation, and personal care. The recipients of IHSS assistance retain the right to hire, fire and supervise the work of the caregiver, including the right to set work schedules and approve the caregiver’s timesheets.
However, the caregiver submits those timesheets directly to the government, which issues their paychecks. Moreover, a caregiver can only be paid under the IHSS program if he or she attends an in-person orientation and training given by the county government, and signs state-issued forms. The county government maintains a registry of approved caregivers, coordinates background checks for such individuals, and provides training to both the caregivers and IHSS recipients.
A recent decision from the Ninth Circuit Court of Appeals emphasizes that this economic and structural control was enough to make the Los Angeles County Department of Public Social Services a joint employer liable for unpaid overtime owed to caregivers employed under the IHSS program.
Under both federal and California law, an employee may have more than one employer responsible for compliance with all applicable wage-and-hour laws. In the Ninth Circuit case of Ray v. L.A. County Department of Public Social...
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