NEW YORK – New York State has reached a $ 400,000 settlement with an industrial laundry facility on Long Island to distribute 10 workers it illegally fired or denied sick leave amid the pandemic, the U.S. attorney general announced Thursday. Letitia James status.
The prosecutor said the deal was made with FDR Services Corporation of New York (FDR Services Corp), of Hempstead on Long Island, after an investigation found the company violated various state and federal laws when it laid off seven employees, most of them of which are from immigrant communities, and it did not provide sick pay to those people, or to three others.
The money to be distributed among the 10 victims is given as compensation for sick leave and emotional distress. Additionally, FDR Services Corp will reinstate five employees who wish to return to the company and provide them with the benefits they received prior to their illegal termination. The three workers who were not laid off will receive compensation for the COVID-19 illness pay owed.
FDR Services Corp is also responsible for submitting a report to the Attorney General twice a year for the next three years identifying any sick leave complaints and ensuring compliance with the agreement.
“So many workers put their health and safety at risk during the pandemic, and many did so without proper protection from their employers,” said Attorney General James. “These people were illegally fired for doing the right thing: protecting themselves and our communities during an unprecedented public health crisis. Let this serve as a warning to all employers in New York: We will take action against any employer who puts our workers in danger and we will do whatever it takes to protect the safety and rights of our workers. “
“When I was an employee of FDR Laundry, I contracted COVID-19 during the pandemic and went through all the appropriate channels to notify the company of my positive test,” said Roxanna Moreno, a former FDR employee in the Resident Clothing Department. “When I came back from quarantine, the company fired me. At the time I was pregnant and suffered many complications during my pregnancy from the stress of unemployment and abuse by FDR Laundry. My co-workers and I should never have been fired for taking precautions during the pandemic, and I thank the attorney general and our union for working to do us justice. “
The Prosecutor’s Office began the investigation in the spring of 2020 following a complaint filed by the Joint Board of Laundry, Distribution and Food Services of the United Workers Union, which represents employees working for FDR Services Corp.
The company’s status as an essential business allowed FDR Services Corp to remain operational during the height of the COVID-19 pandemic. Due to the nature of their work, cleaning dirty and potentially COVID-19-infected bedding from healthcare workers and patients, FDR Services employees were constantly exposed to the risk of infection, says the Attorney General’s Office report .
Seven FDR Services Corp workers stayed home when they began experiencing COVID-19-related symptoms and obtained quarantine orders from their local Health Departments. However, when the employees returned to work after completing their quarantine periods, they were immediately fired and the company refused to pay them for the period they were ill. Three other employees who took COVID-19 sick leave were also denied mandatory sick pay, although they were not fired. Additionally, FDR Services Corp did not provide individuals with any written termination notice, as required by New York Labor Law.
“I was fired from my position at FDR Laundry following my COVID-19 diagnosis in March 2020,” said Blanca Landaverde, a former FDR employee in the Packaging Department. “As a single mother, I did not have the means to support my children during this difficult time. I am proud to support other FDR laundry workers in support of fair treatment in the workplace, especially during this pandemic. No family should go through what I went through, and I thank the attorney general and our union for supporting us in this fight. “
New York’s COVID-19 sick pay law went into effect on March 18, 2020 and requires employers with 100 or more employees to provide at least 14 days of paid sick leave to any employee subject to a mandatory order. or quarantine or isolation precaution issued by the state of New York, the state Department of Health, a local board of health, or any government entity duly authorized to issue such an order due to COVID-19. Additionally, New York’s COVID-19 sick pay law requires employers to reinstate any employees who have taken COVID-19 leave to their previous positions by returning to work with the same pay, and prohibits employers from retaliating. against employees for taking sick leave.
FDR Services Corp’s actions put public health in jeopardy by instilling fear in other employees and workers across New York State who may have been reluctant to report COVID-19 symptoms or take sick leave because they feared retaliation. The New York Legislature passed the COVID-19 sick leave law precisely to provide critical relief to workers and slow the spread of COVID-19. The illegal actions of FDR Services Corp undermined the state’s efforts to contain the spread of this virus, and they are now being held accountable.
“No one should lose their job for following a critical public health order. These workers did the right thing, ”said Laura Curran, Nassau County Executive. “I am grateful to Attorney General James and her office for bringing justice through this settlement.”
If a New Yorker believes they have suffered retaliation for exercising their rights in the workplace, they should contact the Attorney General’s Office of Labor by emailing [email protected] or by calling (212) 416 -8700.
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