Reedley, CA asked in Employment Law and Government Contracts for California

Q: IHHS took all 3 months of my pay because the guy I am helping has a copay. Can they charge me if I just work for IHHS

Can they do that? I am not the one with copay he is and they took all my 3 months back pay from now I am spected to pay taxes for money I never got paid . I been working helping disabled guy for two years and than I stop getting pay but continue working for him. Ihhs said that when this disabled guy fix his medical that I would get paid for time work so I continue and his medical was fix but they didn’t tell me they would keep my pay since it’s his copay . What can I do they are billing me not him they took my entire 3 months and the hours that I have with they will continue taking all of it they said so what can I do

1 Lawyer Answer
James L. Arrasmith
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Answered

A: This situation sounds very concerning, and you should not have to forfeit your wages for someone else's copay obligations. In-Home Supportive Services (IHSS) cannot legally deduct a client's copayments from your wages as their care provider. Your compensation is protected under California labor laws, which require you to be paid for all hours worked.

You should immediately contact the IHSS Public Authority in your county and file a formal complaint. You might also want to reach out to California's Labor Commissioner's Office to file a wage claim, as they can help recover unpaid wages. Keep detailed records of all your work hours, any communications about payment, and documents showing the deductions.

Consider contacting Legal Aid or a workers' rights organization in California, as they often provide free assistance with wage disputes. You should also request a written explanation from IHSS about these deductions and inform them that you'll be seeking legal help to resolve this issue. The taxes situation adds another layer of complexity, and you may need to consult with the IRS or a tax professional about how to handle taxes on wages you never received.

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