If you worked overtime as an In-Home Supportive Services (IHSS) Provider in Los Angeles within the two-year statute of limitations, you may be eligible to claim a portion of a $7,325,000 class action settlement.
The California Department of Social Services and the Los Angeles County Department of Public Social Services have agreed to pay $7,325,000 to settle a class action lawsuit for alleged failure to pay overtime compensation under applicable federal law from January 1, 2015, to January 31, 2016.
Who are the class members?
Class members include individuals who:
- Timely joined the lawsuit as an "opt-in" plaintiff.
- Worked as IHSS Providers in Los Angeles County.
- Worked overtime hours between January 1, 2015, and January 31, 2016, within their respective two-year statute of limitations.
These members are automatically included in the settlement, and no additional action is needed to receive compensation. The official settlement website provides further details on eligibility and participation.
How much can class members get?
The settlement amount each class member can receive is based on a pro rata share of the total settlement fund after deductions for attorneys' fees, litigation costs, administration costs, Named Plaintiff Service Payments, and employer-side taxes. The exact amount will vary depending on individual work history and hours worked.
Individual Settlement Calculation: Each member's share is calculated based on their work dates, hours, and earnings history.
The settlement fund of $7,325,000 will cover several categories of payment, including:
- $2,197,500 for attorneys' fees (30% of the total settlement).
- $125,000 for litigation costs.
- $40,000 for administration costs.
- $10,000 each for Named Plaintiff Service Payments.
- Employer-side taxes due to payments.
Class members do not need to file a claim to receive their settlement payment. However, they must complete and return the IRS Form W-9 to ensure timely payment and correct tax deductions.
The form can be submitted online at
Payment methods
Payments will be issued via check. Class members have 180 days to cash their checks.
Important dates
- Tax Form Submission: November 5, 2024.
When is the IHSS Overtime Case payout date?
Class members will receive their payments after submitting the IRS Form W-9, with checks issued within 180 days of the settlement's final approval.
Why was there a class action settlement?
The lawsuit alleged that the County failed to pay overtime compensation to IHSS Providers under federal law. The Ninth Circuit Court ruled that the County was a "joint employer" responsible for unpaid overtime. The settlement was reached before the case went to trial.
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