My Patient Just Passed
24-hour Caregivers. “My patient just passed, can I still collect my unpaid overtime claim?”
Short answer-Likely YES. But you must act quickly. To make a claim against the Estate of your patient you MUST file a creditors claim against the Estate within one year of your patient’s passing. Or sooner if the heirs have already opened an Estate. If your patient recently passed and you would like a free consultation, please call me, Daniel Chaleff, “The Caregiver Attorney.” My personal cell phone is (818)807-4168. You may call nights and weekends. I work around the clock to help my caregivers get the justice they deserve.
These claims are much higher than you might expect. For example, if you are a caregiver, covered under the Domestic Worker Bill of Rights (DWBR), working 24 hours a day, seven days a week, at a rate of $200/day, you have an unpaid overtime claim of $5,740 per week. That is $287,000 a year in unpaid overtime. Many of my clients have claims that exceed $500,000 when working several years.
Many wealthy people hire caregivers directly and pay them as independent contractors, without overtime and without the benefits of being an employee. Upon passing, many caregivers are left without a job and without the benefit of unemployment insurance. This is not fair to caregiver and California law protects caregivers covered under the DWBR from this abusive practice.
In the past year, my firm has recovered over $15,000,000 for caregivers denied overtime compensation. For a free and confidential case evaluation, please text or call me at (818)807-4168. To learn more about caregiver overtime law or chat live right now, please visit my website at www.caregiverovertime.com/pa/inhome
This article is an attorney advertisement written by Daniel Chaleff, employment law attorney at Chaleff Rehwald Peterson in Woodland Hills. Our examples are of a general nature and are not a guarantee regarding the outcome of your individual matter.