Q: hired an in home care co for 24hr care for my grandma. We paid the company weekly and they sent their workers who
Would rotate and show up on their own and leave when their shift was over. Grandma past away and now one of the workers is suing grandmas estate for unpaid overtime but we didn’t hire her, we hired a company and paid them weekly. Is this suit against us legitimate?
A:
Under California law, you may not be liable for the worker's overtime claim. Since you hired an in-home care company and paid them directly, you had a contractual relationship with the company, not the individual workers. The company is responsible for complying with employment laws, including overtime payments, for their employees.
The worker's claim should be directed towards the in-home care company that employed her, rather than your grandma's estate. It is important to gather any documentation or records that show your payments were made to the company, and not directly to the worker. Consult with an attorney to help you navigate this situation, but it is unlikely that you would be personally responsible for the unpaid overtime claim in this context.
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