Although the court went in favor of the overseas Filipino worker (OFW) who was overworked and underpaid, her former employer has decided to file an appeal, which Alzate and Sayas’ firm is ready to fight.
The couple has since reportedly hired three people to take shifts, doing what Alzate did all by herself. While Alzate was not paid based on the minimum wage, these new workers are reportedly receiving minimum wage, together amounting to what should’ve been paid to Alzate while she was working.
“The trial court’s judgment in favor of our nanny client is based on good facts and good law. Make no mistake about it,” said Sayas. “We will vigorously fight for the worker on appeal.”
Before Alzate’s case, her lawyer recovered $500,000 for two domestic employees and $425,000 for a security guard.
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Alzate filed the case and sought to receive what was rightfully due to her in salary which her employers owed her. At that time, she was made to work 18 to 24 hours a day and received a fixed monthly rate regardless of how long she worked according to Alzate.
The Domestic Workers Bill of Rights states that domestic workers who worked long hours like Alzate and who are employed to take care of children and the elderly should be given overtime pay.
Alzate began working for Drs. Peter Sim and Lorraine Diego back in 2002 taking care of the couple’s two children who had been diagnosed with autism. Her rate then was a meager $2 an hour.
Her last salary amounted to $3,000, just half of what she should have gotten based on salary standards during that year.
She was not given a day off by her former employers at that time as well.