§ 662 — Penalties

§ 662. Penalties. 1. Failure to pay minimum wage or overtime\ncompensation. Any employer or his or her agent, or the officer or agent\nof any corporation, partnership, or limited liability company, who pays\nor agrees to pay to any employee less than the wage applicable under\nthis article shall be guilty of a misdemeanor and upon conviction\ntherefor shall be fined not less than five hundred nor more than twenty\nthousand dollars or imprisoned for not more than one year, and, in the\nevent that any second or subsequent offense occurs within six years of\nthe date of conviction for a prior offense, shall be guilty of a felony\nfor the second or subsequent offense, and upon conviction therefor,\nshall be fined not less than five hundred nor more than twenty thousand\ndollars or imprisoned for not more than one year plus one day, or\npunished by both such fine and imprisonment, for each such offense. Each\npayment to any employee in any week of less than the wage applicable\nunder this article shall constitute a separate offense.\n 2. Failure to keep records. Any employer or his or her agent, or the\nofficer or agent of any corporation, partnership, or limited liability\ncompany, who fails to keep the records required under this article or to\nfurnish such records or any information required to be furnished under\nthis article to the commissioner or his or her authorized representative\nupon request, or who hinders or delays the commissioner or his or her\nauthorized representative in the performance of his or her duties in the\nenforcement of this article, or refuses to admit the commissioner or his\nor her authorized representative to any place of employment, or\nfalsifies any such records or refuses to make such records accessible to\nthe commissioner or his or her authorized representative, or refuses to\nfurnish a sworn statement of such records or any other information\nrequired for the proper enforcement of this article to the commissioner\nor his or her authorized representative, shall be guilty of a\nmisdemeanor and upon conviction therefor shall be fined not less than\nfive hundred nor more than five thousand dollars or imprisoned for not\nmore than one year, and, in the event that any second or subsequent\noffense occurs within six years of the date of conviction for a prior\noffense, shall be guilty of a felony for the second or subsequent\noffense, and upon conviction therefor, shall be fined not less than five\nhundred nor more than twenty thousand dollars or imprisoned for not more\nthan one year plus one day, or punished by both such fine and\nimprisonment, for each such offense. Each day's failure to keep the\nrecords requested under this article or to furnish such records or\ninformation to the commissioner or his or her authorized representative\nshall constitute a separate offense.\n