"Santa Clara County officials announced Wednesday a sweeping civil enforcement action against a Milpitas-based home care business, alleging its owners perpetrated a complex scheme to exploit immigrant caregivers. At a Nov. 12 press conference in San José, LoPresti said the lawsuit sends a "clear and simple" message to employers. "We will hold accountable employers who seek to profit by violating the law and exploiting vulnerable immigrant workers," LoPresti said. "We will be sure that they face their day in court.""
"The allegations extend beyond wage theft, detailing at least one instance where defendants took possession of a caregiver's passport and bank account information. They then allegedly "performed numerous unauthorized transactions" using the caregiver's account to transfer money to themselves, pay their own landlord and attorney and make personal purchases. The business is not licensed under the Home Care Consumer Protection Act, according to the county. The complaint also states that two of the owners, Delos Reyes and Olaso, have previously been subject to two separate elder abuse restraining orders, filed by the County's Public Guardian."
Santa Clara County filed a civil enforcement action against a Milpitas home care business alleging a complex scheme to exploit immigrant caregivers. Allegations include paying caregivers as little as $4 an hour for 24-hour shifts, owners pocketing over half of client fees, and theft of a caregiver's passport and bank-account information. Defendants allegedly performed unauthorized transactions to transfer funds to themselves and pay personal expenses. The business allegedly operated without a Home Care Consumer Protection Act license, and two owners previously faced elder-abuse restraining orders. The lawsuit followed a yearlong investigation aimed at holding employers accountable.
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