Hot off the press: 9th Circuit finds county is ‘joint employer’

In a recent case, a group of employees who assist home-bound individuals sought unpaid overtime wages under the Fair Labor Standards Act (FLSA). In a complex situation in which four separate entities controlled different aspects of the employment relationship, the employees targeted Los Angeles County as the responsible party. In light of its deep involvement in administering the support program, the county’s efforts to take the target off its back failed, but its good-faith efforts to address the situation significantly reduced a possible damages award.

IHSS workers

In-Home Supportive Services (IHSS) workers perform essential, day-to-day services that support home-bound individuals—typically disabled individuals and senior citizens. They are the lifeline for the people they work for.

In performing the services, many IHSS providers often are doing no better than eking out a living because their commitment to their recipient prevents full and gainful employment in the normal world of work.

Who is the ‘employer’?

As employees, IHSS workers are covered by the FLSA, which requires their employer to pay overtime for time worked exceeding work period allowances. But who is their employer?