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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 1248
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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My summary conference is 3/9/16. I am in Pro Per, and unsure

Customer Question

My summary conference is 3/9/16. I am in Pro Per, and unsure at what rate of pay to bill for the hours I worked providing care for my mother. The care was 24/7 for 5 months and 6 days. Since my moms passing I have billed the estate for the 3696 hours beginning the day she became disabled until she went into the hospital. The trustee for estate has disregarded my rights and in doing so I am in need of advice on what economic and non-economic damages I can ask for, as well as to the rate of pay. At what point am I due double time when I virtually worked one shift of 3696 hours?
Submitted: 9 months ago.
Category: California Employment Law
Expert:  Phillips Esq. replied 9 months ago.

Did you have a contract for services that you provided your mother?

Customer: replied 9 months ago.
I have already paid for this service, and am continually brought back to the credit card info. page where it wont let me past! I would appreciate help!!
Customer: replied 9 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 9 months ago.
order ID#16070649-603
Customer: replied 9 months ago.
The person paying with his PayPal account is my friend and landlord. I can be reached on his landline @(707)(###) ###-#### as long as its the same charge.
Expert:  Phillips Esq. replied 9 months ago.

Hello: I apologize for the difficulties that you are experiencing replying to my post. However, I need additional information in order to address your concerns.

My questions are:

(1) Did you have a contract for services that you provided to your mother?

(2) How did the Trustee of the estate disregard your rights?

I look forward to receiving your response.

Thank you for your cooperation,

Customer: replied 9 months ago.
I was being paid an allowance weekly, the remainder was to be paid out of the estate. Moms lawyer and the Trustee witnessed the agreement, and accepted it. It was a verbal agreement, due to the circumstances involving my siblings who (although they did not want to) did not want me providing her care. The labor laws do not require a written agreement to mandate an employer to pay for worked hours. I want to know at what point do I charge for overtime? Also damages from not having been paid, how my life has been affected/
Expert:  Phillips Esq. replied 9 months ago.

Thank you for the information.

At this time, I will opt out and give another Attorney the opportunity to further assist you.

Customer: replied 9 months ago.
far I have not received any help, and unless someone there knows the California labor laws I feel I wont be helped. I found that after 8 hours its time and a half, after 12 hours its double time. I want to know if that applies for me. Not only was I my moms 24/7 care provider I also did all the housework, shopping, meal planning and preparation, I also performed all the landscaping upkeep (which was very labor intensive) as well as took care of her dog (which needed to be walked and fed and picked up after)
I was paid 500$ a week which is 2.98 cents an hour, and mom knew I was to bill the estate for my services. ( back wages)
The trustee is trying to charge me foe an 8 year old washer and dryer of moms and a bedroom set that I left there in the amount of 4000$. She is not charging my siblings for items they took, so it feels like she is retalitating for me billing the estate for back wages.

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