Am i correct, or am i entitled to more pay, simce i was asked to stay with my client for six consecutive nights in one week?

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Am i correct, or am i entitled to more pay, simce i was asked to stay with my client for six consecutive nights in one week?

I am a private healthcare
provider. The family I was
working for are very well off, but
the son and daughter-in-law had
control of the money. My client
just passed away on a Saturday.
Before that day i was asked every
night if u could stay with her.
They only paid me for 12 hours, 1
night. I don’t think that is fair
nor exceptable. Am i wrong?

Asked on July 26, 2016 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you are entitled to be paid for all the hours you worked, including for overtime for any weeks you worked more than 40 hours that week. (For example: say you worked six 12-hour days in week: that is 72 hours, so you should have been paid for 40 hours at straight time, 32 hours at overtime.) You could file a lawsuit vs. the estate IF your employer had been the deceased for the money (e.g. in small claims court). However, suing an estate is definitely somewhat more complex and takes longer than suing a person: whether it is worth doing this for the extra money is a cost-benefit decision you have to make. On the other hand, if you had been employed directly by one of the family members, you could sue him or her, which is definitely more straightforward and easier than suing an estate, so in that case, it's more likely worthwhile.


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