Santa Clara County becomes first county in the nation to approve oversight committee for residential care facilities

Santa Clara County made history in November as the first county in the nation to approve an advisory council for residential care facilities, following years of organizing by Filipino immigrant workers.

The panel would be similar to the retail and fast food advisory council, said organizers from the Pilipino Association of Workers and Immigrants. Although the council has yet to be formed, it would serve to connect employers and patient groups, county representatives and caregivers in the vast and fragmented industry. It would standardize workplace expectations for caregivers and allow them to report and address workplace violations and abuse allegations.

“One really important point is … how little voice caregivers have in general to affect public policy, so this is really a way to give them a platform to elevate their concerns and their struggles,” said Jinji Sayson, education and media officer for the organization.

Residential care facilities are nonmedical facilities with four or more beds that provide around-the-clock care to people who need personal services, protection or supervision or assistance performing daily activities. These facilities mainly treat the elderly or people with disabilities due to cognitive decline, or developmental or physical limitations.

A study by the Occupational Health Internship Program found that caregivers in the county have experienced wage theft, occupational hazards and physical and verbal abuse. Many of these caregivers are Filipino immigrants, and some of them are human trafficking victims.

The community organization has worked toward creating the advisory board since 2019. They visited over 360 care homes and spoke with workers about the necessity of a committee to oversee working conditions. The members spoke during a November county board of supervisors meeting before the proposal for the council was approved unanimously.

According to a presentation about caregivers that the organization sent to the Bay Area News Group, residential care facilities are frequently staffed by Filipino immigrants who hire other Filipino immigrants through word of mouth, referral, ads or a job agency. Because these facilities are regarded as small businesses and have no formal connection to each other, regulation and oversight can be difficult.

“If they’re all these small businesses that have no connection to each other, or at least that we know of, it’s hard to regulate that,” said Veronica Duquez, a youth relations officer with the Pilipino workers’ organization.

It can be easy for some facilities to avoid consequences for poor workplace conditions. The study found that although all facility owners are supposed to report their staffing to the Community Care Home Licensing Division, they aren’t required to submit payroll records to verify the accuracy of the employer’s report. Some caregivers reported in the study that they falsified reports by including the names of family members on their forms to make it look like a facility has enough workers. There is also no minimum ratio of caregivers to patients, making it legal for only one caregiver to be obligated to care for up to six patients.

The report also estimated that over $15 million was stolen from more than 3,000 Santa Clara County caregivers in unpaid wages in 2021. Despite state laws that threaten businesses engaging in wage theft with closure, no residential care facilities have been closed. In fact, workers who have tried to take legal action to get the money they are owed did not receive full compensation, even if they won their cases. Undocumented workers said previous or current employers have threatened to report them to law enforcement.

E. San Felipe, a caregiver who spoke at the Nov. 5 meeting, said that she was paid $1,200 per month for her work, which works out to an hourly rate of $2.50 an hour. She said she was a victim of verbal abuse and threats of health and safety while working in a residential care facility, including exposure to COVID-19 and shoulder and back pain. She said that she and other caregivers wouldn’t complain due to threats of being fired or deported.

“Most of us prefer to keep quiet so that work can continue and money can be sent to the Philippines for food, rent and tuition for our children and for other needs,” Felipe said. “We are voiceless and powerless and at the mercy of our employers.”

According to the study, high percentages of caregivers did not receive training on wages, work hours, occupational safety or state benefits. The study also found that workers were not adequately trained in caring for patients with acute needs, like those with Alzheimer’s disease and dementia. Caregivers were also chronically overworked and unable to take breaks for meals or unaware of legally guaranteed breaks.

Ira Ramos, another caregiver who spoke at the meeting, recalled sleeping on a couch while working and living in a residential care facility. She said that the heater in the facility wasn’t fixed in the winter, forcing her and other caregivers to stack blankets on themselves to keep warm. She also recalled being unable to use the air conditioning, much to the discomfort of both patients and caregivers. She also said the care home she worked at was short-staffed and she would work more than eight hours a day without overtime pay.

Several caregivers interviewed for the study also stated that they were subject to physical and sexual abuse from patients and sexual harassment and assault from owners of residential care facilities. Examples in the report included patients hitting and slapping their caregivers, pulling their hair or touching or groping them inappropriately.

Duquez and Sayon said the organization will be working with the county to form the advisory council. In emailed statements to this news organization, supervisors Otto Lee and Susan Ellenberg said they are looking forward to an administration report, to be delivered in January, on options related to addressing working conditions at residential care facilities.

“This was easy to support, especially when you look at the worrisome data and key findings of a recent study by the Occupational Health Internship Program for workers of residential care facilities,” said Lee in a statement. “I’m grateful to the community for driving this opportunity to enhance oversight and improve care for our loved ones, friends and neighbors working at residential care facilities.”