New Jersey Farm Worker Wrongly Denied Paid Sick Leave After COVID-19 Diagnosis

The U.S. Department of Labor’s Wage and Hour Division has ordered a Gloucester County, New Jersey employer – – Buster Petronglo & Son Farm LLC – – to pay $1,377.00 in back wages for violating the Family First Coronavirus Response Act (“FFCRA” or “Act”) for denying an employee ordered to quarantine after testing positive for COVID-19 paid sick leave.

“The Family First Coronavirus Response Act qualifies employees for paid sick time to care for themselves and their families due to coronavirus-related reasons,” said Charlene Rachor, Wage and Hour District Director in Lawrenceville, New Jersey.  “Employers must take all the steps necessary to comply with the FFCRA and should review their obligations under this new law to avoid similar violations.”[i]  Carmen Petronlgo, the farm’s operator, stated he wasn’t aware of the requirement and immediately rectified the violation.  “I wasn’t aware and when the labor department told me, I immediately consulted with my accountant and did what she suggested. The whole thing’s been taken care of.”[ii]

On March 18, 2020, the U.S. Senate passed the FFCRA, which requires certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19.  Under the act, a covered employer must provide to all employees two weeks of paid sick leave at the employees regular rate of pay where the employee is unable to work because the employee is quarantined after testing positive for COVID-19.  Specifically, for full-time employees, an employee is entitled to up to 80 hours of paid sick time.  For part-time employees, an employee is entitled to paid sick time for the number of hours equal to the number of hours that such employee works, on average, over a two week period.[iii]   Additionally, the Act requires employers to do the same for employees experiencing COVID-19 symptoms and are seeking a medical diagnosis.

With the pandemic resurging through the holiday season, employers in New York should also take steps to comply with the NY State Senate Bill S8091 as well as the FFCRA.  On March 18, 2020, New York Governor Andrew Cuomo signed Senate Bill S8091 into law, which provides job protection, sick leave benefits, paid family leave, and disability benefits for employees subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19.[iv]  S8091 defines mandatory or precautionary orders as those issued by the State, New York State Department of Health, local Board of Health, or authorized governmental entity that is duly authorized to issue orders due to COVID-19.

Depending on the number of employees employed by the employer, the benefits available to an employee under NY State Senate Bill S8901 may vary.  Specifically, for employers with 10 or fewer employees and a net income less than $1 million, the employer must provide their workers with unpaid sick leave until the termination of any mandatory or precautionary order of quarantine or isolation.  For employers with 10 or fewer employees with a net income greater than $1 million, the employer must provide their employees with at least 5 days of paid sick leave, and unpaid leave until the termination of any mandatory or precautionary order of quarantine or isolation.  For employers with 11-99 employees, the employer must provider their employees with at least 5 days of paid sick leave, and unpaid leave until the termination of any mandatory or precautionary order of quarantine or isolation.  Lastly, for employers with 100 or more employees, as well as all public employers, regardless of the number of employees, must provide their employees with at least 14 days of paid sick leave during any mandatory or precautionary order of quarantine or isolation.

If you believe that your employer is covered and is improperly refusing to provide you with paid sick leave under the FFCRA or New York Law, contact Borrelli & Associates, P.L.L.C. to schedule a free consultation through one of our websites, www.employmentlawyernewyork.com, www.516abogado.com, or any of our phone numbers: (516) 248-5550, (516) ABOGADO, or (212) 679-5000.

[i] https://www.dol.gov/newsroom/releases/whd/whd20201116

[ii] https://www.nj.com/gloucester-county/2020/11/farm-worker-with-coronavirus-improperly-denied-sick-pay-labor-officials-say.html

[iii] https://www.govinfo.gov/content/pkg/PLAW-116publ127/html/PLAW-116publ127.htm

[iv] https://legislation.nysenate.gov/pdf/bills/2019/S8091