§ 219-C — Public notice of employer violations

§ 219-c. Public notice of employer violations. The commissioner shall\nhave the following powers:\n 1. where an employer is found in violation of article six, nineteen or\nnineteen-A of this chapter, to post and/or affix for a period not to\nexceed one year a notice of no less than eight and one-half by eleven\ninches in an area visible to employees summarizing the violations found\nand other information deemed pertinent by the commissioner, according to\nsuch form and manner ordered by the commissioner; and\n 2. where the violation is for a willful failure to pay all wages as\nrequired by article six, nineteen, or nineteen-A of this chapter, to\npost and/or affix for a period not to exceed ninety days in an area\nvisible to the general public, as ordered by the commissioner, a notice\nof no less than eight and one-half by eleven inches as to the violations\nfound, according to such form and manner ordered by the commissioner.\nAny person other than the commissioner or the commissioner's duly\nauthorized representative who removes, alters, defaces or otherwise\ninterferes with a notice posted and/or affixed under this section shall\nbe guilty of a misdemeanor.\n 3. where an order is issued under section two hundred eighteen of this\narticle that assesses a civil penalty against an employer for a\nrepeated, willful, or egregious violation, to direct such employer to\nreport, by location, and to post on the department's website, for such\nperiod as the commissioner shall determine, (a) the number of permanent\nfull-time employees, the number of temporary full-time employees, the\nnumber of permanent part-time employees, the number of temporary\npart-time employees, and the number of temporary staffing agency\nemployees performing work for the employer; (b) the hourly rates of such\nemployees reported in the following brackets: the state minimum wage to\n$9.99; $10.00 to $11.99; $12.00 to $14.99; and $15.00 or more; (c) the\nnumber of employees who regularly worked the following number of hours\nper week during the relevant calendar period: at least sixty; at least\nfifty but fewer than sixty; at least forty but fewer than fifty; at\nleast thirty-five but fewer than forty; at least thirty but fewer than\nthirty-five; at least twenty-five but fewer than thirty; at least twenty\nbut fewer than twenty-five; at least ten but fewer than twenty; at least\nfive but fewer than ten; fewer than five. No individual identifying\ninformation of such employees shall be reported or otherwise disclosed\nto the department. For the purposes of this section "temporary\nemployees" shall be those employees who are hired for a period of sixty\ndays or less during the relevant calendar year, full-time employees\nshall be those regularly working forty hours or more per week during the\nrelevant calendar year, part-time employees shall be those working less\nthan forty hours per week during the relevant calendar year.\n