Filipina caregivers win $70K-plus in back wages

SAN FRANCISCO, California, United States—Two Filipino homecare workers reached a settlement over unpaid wages with which they will be paid over $70,000 in unpaid wages and penalties by their employer.

The Filipino Community Center (FCC) and the National Alliance for Filipino Concerns in Northern California (NAFCON-NorCal) made the announcement December 17.

Victoria Aquino was handed a check representing part of the $60,000 due her in back wages and restitution, while Lourdes Aquino was given a check payment for her full claim of $11,000. The checks were presented by their lawyer Marci Seville, who is also director of the Women’s Employment Rights Clinic (WERC), a nonprofit organization helping abused caregivers.

“This community and worker victory is a landmark case among the thousands of Filipino migrant workers leaving the Philippines every day in search of work abroad, many ending up right here in the US as caregivers,” said Terrence Valen, FCC director. “We are inspired by Tita Vicky and Tita Lourdes standing up and fighting for their right to a fair wage. FCC and NAFCON-NorCal will continue to work with them and thousands of others facing similar workplace rights violations.”

The case of Aquino and Torres underscores the widespread exploitation occurring in the caregiver industry.

Aquino and Torres worked as live-in caregivers, on call 24 hours a day, solely responsible for six patients at Parks Family Rest Home. They toiled 14 or more hours per day without being paid the required San Francisco minimum wage and overtime pay, or receiving legally required meal periods.

Aquino told FilAm Star she started working for Parks Home in 2007 when she was already over 60 years old at the time, worked 7 days a week, singlehandedly and lovingly caring for six elderly and disabled patients, cooking every meal, cleaning, sorting and dispensing of up to 14 medicines per patient, doing laundry, and helping to maintain the three-story care home facility. At times, some patients hurt her physically.

“When I went to the Philippine Consulate in 2008 to check on my passport, I saw a brochure of the Office of Labor and Standard Enforcement (OLSE) and after being told by employees of the consulates what OLSE does, I went to their office where I was attended to right away and was made to sign a complaint,” recounted Aquino who is from Sta. Ana, Manila and a legal immigrant.

Aquino added that the OLSE immediately investigated the care home after she reported every shortcoming of her employer, to include coercing her to sign incomplete employment papers.

“The owner was so alarmed by the complaint I filed that a reliever was hired right away,” she said. “But that did stop us from still working long hours from 6 a.m. to late in the evening, and was then on call all night for patient needs.”

The reliever turned out to be Torres who shared the grief suffered by Aquino and later on decided to file her own complaint as well.

The women also sought help and found the support of the FCC and WERC at Golden Gate University School of Law. Together, the FCC and WERC built a growing campaign to support Filipino caregivers and their workplace rights. Aquino and Torres won an initial victory in April 2010, when their workday was reduced from over 14 hours to 8 hours per day, but without any reduction in pay.

While happy that their efforts paid off in the end, Aquino and Torres reminded every one of the lessons learned from their ordeal.

“I hope that owners of care homes, especially those owned by Filipinos, will no longer violate the laws and cause sufferings on fellow Filipinos,” said Aquino to FilAm Star. “I urge them not to shortchange their caregivers and not abuse them by making them work like a horse.”

Torres, on the other hand, urged fellow workers in the industry to speak out when needed.

“Do not be afraid to let your voice be heard. This is the only way to make the abusive employers pay their employees the right salaries and treat them right,” Torres asserted. –FilAm Star –Cesar Nucum Jr., INQUIRER.net