Attorney General James Secures $148,000 for Union Workers Denied Paid Sick Leave

 

Southerntier Denied Required Paid Sick Leave to Unionized Employees During Height of COVID-19 Pandemic 

New York Attorney General Letitia James announced a $148,000 settlement with Southerntier Custom Fabricators, Inc. (Southerntier), a sheet metal manufacturer in Elmira, Chemung County, for failing to provide paid sick leave to unionized employees during the peak of the COVID-19 pandemic. An Office of the Attorney General (OAG) investigation found that between September 2020 and April 2022, Southerntier unlawfully withheld paid sick leave benefits from approximately 200 unionized workers while granting those benefits to non-unionized employees. As part of the settlement, Southerntier will deliver $148,252.47 in restitution to impacted employees for the paid sick leave hours they rightfully accrued.

“Every worker deserves equal access to sick leave, especially during a public health crisis,” said Attorney General James. “By denying paid sick leave to its unionized workers, Southerntier violated its workers’ rights and put their health and safety at risk. My office will continue to do everything in our power to uphold workers’ rights, and I will always stand proudly with our unions in the fight for fair treatment.”

The OAG opened an investigation into Southerntier in 2022 following a complaint from a member of Sheet Metal Workers Local 112 (Local 112). The OAG found that while the company had provided paid sick leave to its non-unionized employees, it had failed to extend the same benefits to unionized workers from Local 112, as well as from Sheet Metal Workers Local 58, in violation of New York Labor Law. Although Southerntier later amended its collective bargaining agreement to comply with the law, unionized employees were left without critical sick leave benefits for 19 months at the height of the COVID-19 pandemic.

Under the terms of the settlement, Southerntier will pay $148,252.47 in restitution to approximately 200 affected employees, along with up to $13,000 in settlement administration costs. Restitution will be distributed through a claims process overseen by a settlement administrator, ensuring that all eligible employees receive compensation. The agreement also enables OAG to pursue legal action if Southerntier fails to comply with the payment terms.

Attorney General James encourages New Yorkers who believe they have been victims of labor law violations to contact the OAG by filing a confidential complaint online or calling (212) 416-8700.