LOS ANGELES – A 75-year-old Filipino caregiver earlier this week won an undisclosed amount of back wages owed to her by an employment agency, according to the Filipino Migrant Center (FMC).
Elydia Sarmiento, who worked as a private caregiver for an elderly woman, claimed for four years the employment agency (which was not disclosed) paid her only $100 a day despite working 17 hour days, seven days a week.
“I rarely had time to sleep because my patient has breathing problems and I have to watch her closely so I would have to wake up many times in the middle of the night,” said Sarmiento in a press release by FMC.
With the help of the FMC, Sarmiento filed a wage claim against her employer with the Division of Labor Standards and Enforcement office in Van Nuys for minimum wage violations.
An FMC official said in California, as a caregiver Sarmiento qualifies her to receive $8 per hour.
“It is not uncommon for caregivers who work in private homes, especially those who are live-in, to be paid a fixed amount per day,” said Joanna Concepcion in the press release.
“$100/day is the usual rate paid to them by employment agencies, sometimes even lower. This low daily rate however, does not recognize the complex nature of their responsibilities which requires them to provide care any time of the day,” Concepcion added.
Concepcion said employers underpaying caregivers for their work is a serious problem not only in the Filipino community but nationally. In California, there are about 200,000 domestic workers and 93 percent of them are women.
A 2012 study by the National Domestic Workers Alliance and Center for Urban Economic Development at the University of Illinois at Chicago reveal about 67 percent of live-in workers and/ or caregivers are paid below the state minimum wage.
The median hourly wage of these workers is $6.15, according to the study.
Several groups including labor unions are currently promoting state legislation AB 241 in California, which would grant domestic workers in the state rights to overtime pay, meal/rest breaks, worker’s compensation, uninterrupted sleep for live-in workers, use of kitchen facilities and paid days of rest.
Last year, 58-year-old Filipina caregiver Nelly Gonzales from San Jose won a $100,000 settlement against her employer. Gonzales worked for as little as $150 a month for 15 years.
“The inadequate state of legal rights for caregivers and other domestic workers consequently make them more susceptible to being overworked and underpaid as they are not entitled to basic workplace benefits such overtime pay and meal/rest breaks,” said Concepcion in the press release.
Sarmiento said she hopes other caregivers – who believe they are being underpaid or exploited – will voice out their concerns.
“You deserve to know your rights and fight for it. Do not be afraid. We are here for you,” said Sarmiento.
(www.asianjournal.com)
(LA Weekend May 18-21, 2013 Sec. A pg.1)