GLOVERSVILLE The president of Tradition Leather was arrested Monday on a felony count of failing to provide workers’ compensation insurance for employees at his tannery.
Michael DeMagistris, 35, was charged following an investigation by the office of state Attorney General Andrew Cuomo and arraigned in City Court on Monday.
Bail was set at $75,000 by acting City Court Judge Frederick Stortecky.
A news release from Cuomo’s office said the agency began investigating after a Tradition employee filed a workers’ compensation claim in March.
It is alleged that DeMagistris failed to provide workers’ compensation coverage for his more than 25 workers from June 2007 until March 2008.
It is also alleged that the Workers’ Compensation Board issued a stop work order at Tradition after the March claim, but tannery officials ignored the order and continued operations.
A call to the West Eleventh Avenue tannery was not returned.
A spokesperson for the Workers Compensation Board said DeMagistris is only the second person arrested since the compensation laws were changed last year.
But, since the change in the law, the spokesperson said, 917 stop work orders have been issued and $5.4 million in fines collected.
In the news release Monday, Compensation Board Chairman Zachary Weiss said “denying any employee this protection is unfair, criminal and won’t be tolerated.”
Under state law, any employer of more than five people commits a felony by failing to provide workers’ compensation insurance, the news release said.
If convicted, DeMagistris could serve up to four years in prison. Cuomo’s office is prosecuting the case against DeMagistris.
Tradition Leather is the same tannery charged in 2006 with causing a fish kill in the Cayadutta Creek, which runs through the plant grounds.
The state Department of Environmental Conservation determined an accidental release of various tanning chemicals killed more than 3,500 fish over a 51⁄2-mile stretch of the stream.
DEC fined the tannery $15,000 and required it restock the creek with 3,500 trout of various lengths.