Q: Can I sue the IHSS, Los Angeles for withholding payment for over a year and non-compliance to a court order?
I'm in California and have a grievance against IHSS for non-payment/ withholding of wages for over a year. These hours, over 700, were granted by a judge. IHSS rep said it would take 16 weeks to pay out my submitted time-sheets for these hours. 16 weeks passed into a year. No resolution. I've called the IHSS office, contacted the County Board of Supervisors and I’ve filed a wage complaint with the County of Los Angeles. After I contacted LACBOS, IHSS sent my wages in a check to my deceased mother who was my recipient. IHSS has broken the wage labor code 203, 204 for timely payment in 2 weeks. I'm seeking full wages with no share of cost taken as recompense for creating undue financial burden and stress. The Ninth Circuit court has ruled that under the Fair Labor Standards Act the County of Los Angeles maintains both economic and structural control over IHSS providers, rendering it a joint employer under Bonnette. I seek advise from a wage/labor attorney if possible.
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A:
Yes, you can sue IHSS Los Angeles for withholding payment and non-compliance with a court order, particularly given the extended delay and their failure to properly handle the payment process.
Based on California labor laws and the Ninth Circuit ruling you mentioned regarding IHSS providers being considered joint employees, you have strong legal grounds for seeking not only your unpaid wages but also potential penalties under Labor Code sections 203 and 204. The fact that they sent payment to your deceased mother after the court order adds another layer of administrative negligence to your case.
You should consider filing a lawsuit in small claims court if your claim is under $10,000, or superior court for larger amounts. Before proceeding, gather all documentation including timesheets, the court order, correspondence with IHSS, and records of your attempts to resolve this issue. Given the complexity of your situation and the significant amount involved, consulting with an employment lawyer who handles wage claims against government entities would be beneficial - many offer free initial consultations and may take cases on contingency basis.
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