Tortilla factory found in violation of labor laws

The owner of a Brooklyn, New York corn tortilla factory was found to be in violation of labor laws and has been convicted and sentenced to jail. Erasmo Ponce, owner of Tortilleria Chinantla, was ordered to pay almost $450,000 in restitution, which included benefits for the daughter of a worker who was killed in the factory in 2011. As the owner, Ponce was responsible for not only paying employees for their time and attendance, but also providing adequate wages and compensation for the employee's death.

The New York Times reported that Ponce pleaded guilty for failing to provide compensation insurance for his workers. After the death of a 22-year-old male at the factory, officials opened an investigation on the company and found that it had been operating for over a year without workers' compensation insurance.

"All of our labor laws — minimum wage laws, the workers' compensation law, safety and health laws — exist to protect vulnerable workers and ensure a basic safety net of protection," said New York State Attorney General Eric Schneiderman.

Ponce was sentenced to 90 days in jail. Of the $447,943.11 he was ordered to pay in restitution, $300,000 will go to the Worker's Compensation Board to cover costs of the benefit payment for the deceased worker's daughter. An additional $138,000 will be awarded to employees who were not paid properly for overtime, and the remainder will go to unpaid unemployment insurance taxes.


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