California Will Not Delay Home Care Workers’ Overtime Pay

California officials say a federal decision to delay enforcement of a final rule that will extend minimum wage and overtime pay protections to home care workers will have no effect in the state, the Sacramento Business Journal reports (Robertson, Sacramento Business Journal, 10/8).

Background

On Tuesday, the Department of Labor announced that it will not enforce the final rule to extend minimum wage and overtime pay protections to home care workers until six months after it takes effect on Jan. 1, 2015.

According to the Department of Labor, nearly two million home care workers and personal care aides -- including about 360,000 employed by California's In-Home Supportive Services program -- do not always receive overtime pay or receive minimum wage because of exclusions to a federal wage law meant for casual babysitters and companions for individuals who are sick or have disabilities.

The new rule requires all home care workers to receive at least the federal minimum wage, which is $7.25 per hour. The rule also requires that home care workers receive time-and-a-half pay for any hours beyond 40 hours per week (California Healthline, 10/8).

California Will Not Delay Enforcement

California Department of Finance spokesperson H.D. Palmer said the federal announcement will "have no effect on [California] unless they change the effective date." He said the state in January 2015 will begin paying home care workers for overtime.

According to Palmer, the state expects to spend:

$172.2 million on such overtime pay from January 2015 to June 2015; and
$354.4 million annually on overtime pay after June 2015 (Sacramento Business Journal, 10/8).

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