Trusts and Estates

Season 2, Episode 6: Employing Caregivers and Advising Those Who Do

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Many elders who need support with their activities of daily living want to remain in their homes as long as possible.  How can caregivers be hired and paid in compliance with the law?  What do California trust and estate lawyers need to know to advise their clients?

Our guest Bob King provides an overview of the tricky employment and tax laws that apply to in home caregivers in California.  A caregiver who works a long shift cannot be paid a straight hourly wage “off the books.”  Under the Domestic Worker Bill of Rights, even when caregivers meet the definition of “personal attendant,” they are entitled to overtime if they work more than nine hours in a day or 40 hours per week.

Bob explains how parenting his daughter led him into this practice area and why caregiving for elders often carries greater potential liability than caregiving for children.  Indeed, elders who directly employ caregivers without following the rules may find themselves facing hefty wage and hour claims as well as federal and state tax liability.  When the elder passes, the lingering liability can complicate the administration of the elder’s estate and/or trust.

 About Our Guest:

Attorney Bob King created and operates Legally Nanny®, an employment law firm located in Orange County that represents home care and nanny agencies as well as household employers.    A graduate of University of Chicago Law School, Bob has served on the Boards of Directors of the Home Care Association of America and the International Nanny Association.  He was also the General Counsel for the Association of Premier Nanny Agencies.

 About Our Host:

Jeffrey Galvin is a partner at Downey Brand LLP based in Sacramento.  He litigates trust and estate disputes around Northern California, representing trustees and beneficiaries.  His cases often involve contested administrations of trusts and estates.  Jeff created and edits the blog Trust on Trial, which covers California trust and estate litigation.  He is a member the Executive Committee of the Trusts and Estates Section of the California Lawyers Association.

TRUST ME is produced by Foley Marra Studios.

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